Acts and resolutions of the General Assembly of the State of Georgia 2014: volume one [2014]

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2014
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2014 Regular Session of the General Assembly of Georgia will be found in Volume One beginning at page 1. The Supplementary Appropriations Act for FY 2013-2014 and the Appropriations Act for FY 2014-2015 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, 2013, and May 31, 2014, are printed in Volume Two beginning at pages 4323 and 4351, respectively.
There are no numbered pages between page 896, the last page of Volume One and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. 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; 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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. With the exception of Senate Resolution No. 371, 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. Senate Resolution No. 371 was adopted by the House of Representatives and the Senate but was not transmitted to the Governor and was not assigned an Act number.

GEORGIA LAWS 2014
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions . . . . . . . . . . . . . . . . . 4323 Municipal Home Rule Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4351
VOLUME THREE
Acts by Numbers-Page References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A Index-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35A Population of Georgia Counties-Alphabetically . . . . . . . . . . . . . . . . . . . . . . . . . . . 84A Population of Georgia Counties-Numerically . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88A Population of Municipalities-Alphabetically . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93A Population of Municipalities-Numerically . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101A Population of Judicial Circuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109A Georgia Senate Districts, Alphabetically by County . . . . . . . . . . . . . . . . . . . . . . . 114A Georgia Senators, Numerically by District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116A Georgia House Districts, Alphabetically by County . . . . . . . . . . . . . . . . . . . . . . . 120A Georgia Representatives, Numerically by District . . . . . . . . . . . . . . . . . . . . . . . . . 122A Status of Referendum Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132A Vetoes by the Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366A State Auditor's Report on Funding of Retirement Bills . . . . . . . . . . . . . . . . . . . . . 374A Legislative Services Committee and Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376A

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ELECTIONS DATES OF PRIMARIES AND ELECTIONS; QUALIFYING; SPECIAL ELECTIONS; CAMPAIGN FINANCE DISCLOSURE REPORTS.

No. 343 (House Bill No. 310).

AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise the dates for primaries and elections and runoffs resulting therefrom; to revise times for qualifying for office; to revise the time for calling certain special elections; to revise the times for filing certain campaign financing disclosure reports; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsections (c), (d), (e), 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) All candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the Monday of the eleventh week immediately prior to the election and no later than 12:00 Noon on the Friday immediately following such Monday, 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 Monday of the eleventh week immediately prior to the election and no later than 12:00 Noon on the Friday immediately following such Monday, notwithstanding the fact that any such days may be legal holidays;

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(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) 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 Monday of the thirty-fifth week immediately prior to the election and ending at 12:00 Noon on the Friday immediately following such Monday, 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. In the case of a special election to fill a federal office, each candidate shall file a notice of his or her candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than the date of the call of the special election and no later than 60 days prior to the special election. In the case of a special election to fill a state office, each candidate shall file a notice of his or her candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than the date of the call of the special election and no later than 25 days prior to the 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

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of the superintendent of his or her county either during the period beginning at 9:00 A.M. on the Monday of the thirty-fifth week immediately prior to the election and ending at 12:00 Noon on the Friday immediately following such Monday, 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 no 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 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) 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

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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." "(i) Reserved."

SECTION 2. Said title is further amended by revising Code Section 21-2-150, relating to the date of the general primary and conflicts with political party conventions, as follows:
"21-2-150. Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the Tuesday of the twenty-fourth week prior to the November general election in each even-numbered year or, in the case of municipalities, on the third Tuesday in July in each odd-numbered year."

SECTION 3. Said title is further amended by revising subsections (c) and (f) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, 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:
"(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 Monday of the eleventh week immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday immediately following such Monday, notwithstanding the fact that any such days may be legal holidays. All qualifying for federal and state offices shall be conducted in the state capitol. (B) Reserved. (C) In the case of a special primary for a federal office, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 60 days immediately prior to the date of such special primary, and such qualifying period shall be open for a minimum of two and one-half days. In the case of a special primary for any other office, the candidate shall qualify no earlier than the date of the call for the

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special primary and no later than 25 days immediately prior to the date of such special primary, and such qualifying period shall be open for a minimum of two and one-half days. (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. (2) If a political party has not designated at least 14 days immediately prior to the beginning of qualifying a party official in a county with whom the candidates of such party for county elective offices shall qualify, the election superintendent of the county shall qualify candidates on behalf of such party. The election superintendent shall give notice in the legal organ of the county at least three days before the beginning of qualifying giving the dates, times, and location for qualifying candidates on behalf of such political party." "(f) Candidates for the office of presidential elector or their agents who have been nominated in accordance with the rules of a political party shall qualify beginning at 9:00 A.M. on the Monday of the thirty-fifth week prior to the November general election in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday immediately following such Monday, notwithstanding the fact that any such days may be legal holidays. All qualifying for the office of presidential elector shall be conducted in the state capitol."

SECTION 4.
Said title is further amended by revising subsection (e) of Code Section 21-2-172, relating to nomination of presidential electors and candidates of political bodies by convention, as follows:
"(e) A convention for the purpose of nominating candidates shall be held at least 150 days prior to the date on which the general election is conducted."

SECTION 5. Said title is further amended by revising Code Section 21-2-187, relating to holding of conventions by political bodies and filing notice of candidacy, as follows:
"21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172, and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21-2-132; provided, however, that the political body must

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file its qualifying petition no later than 12:00 Noon on the second Tuesday in July following the convention as prescribed in Code Section 21-2-172 in order to qualify its candidates to be listed on the general election ballot."

SECTION 6. Said title is further amended by revising subsection (d) of Code Section 21-2-385, relating to procedure for voting by absentee ballot and advance voting, as follows:
"(d)(1) There shall be a period of advance voting that shall commence: (A) On the fourth Monday immediately prior to each primary or election; (B) On the fourth Monday immediately prior to a runoff from a general primary; (C) On the fourth Monday immediately prior to a runoff from a general election in which there are candidates for a federal office on the ballot in the runoff; and (D) As soon as possible prior to a runoff from any other general election in which there are only state or county candidates on the ballot in the runoff
and shall end on the Friday immediately prior to each primary, election, or runoff. Voting shall be conducted during normal business hours on weekdays during such period and shall be conducted on the second Saturday prior to a primary or election during the hours of 9:00 A.M. through 4:00 P.M.; provided, however, that in primaries and elections in which there are no federal or state candidates on the ballot, no Saturday voting hours shall be required. Except as otherwise provided in this paragraph, counties and municipalities may extend the hours for voting beyond regular business hours and may provide for additional voting locations pursuant to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their option."

SECTION 7. Said title is further amended by revising subsection (a) of Code Section 21-2-501, relating to number of votes required for election, as follows:
"(a)(1) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary, special primary runoff, run-off election, or special election runoff shall be held as provided in this subsection. (2) In the case of a runoff from a general primary or a special primary or special election held in conjunction with a general primary, the runoff shall be held on the Tuesday of the ninth week following such general primary. (3) In the case of a runoff from a general election for a federal office or a runoff from a special primary or special election for a federal office held in conjunction with a general

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election, the runoff shall be held on the Tuesday of the ninth week following such general election. (4) In the case of a runoff from a general election for an office other than a federal office or a runoff from a special primary or special election for an office other than a federal office held in conjunction with a general election, the runoff shall be held on the twenty-eighth day after the day of holding the preceding general election. (5) In the case of a runoff from a special primary or special election for a federal office not held in conjunction with a general primary or general election, the runoff shall be held on the Tuesday of the ninth week following such special primary or special election. (6) In the case of a runoff from a special primary or special election for an office other than a federal office not held in conjunction with a general primary or general election, the runoff shall be held on the twenty-eighth day after the day of holding the preceding special primary or special election. (7) If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. (8) The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, run-off election, or special election runoff to fill the nomination or public office sought shall be declared the winner. (9) The name of a write-in candidate eligible for election in a runoff shall be printed on the election or special election run-off ballot in the independent column. (10) The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, election, or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, run-off election, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224."

SECTION 8. Said title is further amended by revising subsection (b) 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

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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. Notwithstanding any provision of this subsection to the contrary, special elections which are to be held in conjunction with the state-wide general primary or state-wide general election in 2014 shall be called at least 60 days prior to the date of such state-wide general primary or state-wide general election."

SECTION 9. Said title is further amended by revising subsection (c) of Code Section 21-5-34, relating to disclosure reports, as follows:
"(c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule:
(1) In each nonelection year on January 31 and June 30; (2) In each election year:
(A) On January 31, March 31, June 30, September 30, October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any election for which the candidate is qualified and the date of such election, all contributions of $1,000.00 or more shall be reported within two business days of receipt and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is a candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within two business days. Reports required to be filed within two business days of a contribution shall be reported by facsimile or electronic transmission. Any facsimile filing shall also have an identical electronic filing within five business days following the transmission of such facsimile filing. Each report required in the election year shall contain cumulative totals of all contributions which have been received and all

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expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported."

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 January 21, 2014.

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ELECTIONS REASSIGN GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE COMMISSION TO STATE ACCOUNTING
OFFICE FOR BUDGETARY PURPOSES; NOTICE OF INTENTION TO ACCEPT CAMPAIGN CONTRIBUTIONS BY COUNTY AND MUNICIPAL CANDIDATES; EXEMPTION FROM FILING CERTAIN REPORTS BY CERTAIN CANDIDATES.

No. 345 (Senate Bill No. 297).

AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change the assignment of the Georgia Government Transparency and Campaign Finance Commission for budgetary purposes from the Secretary of State to the State Accounting Office; to provide for the filing of notices of intention to accept campaign contributions by county and municipal candidates; to provide that certain candidates may file notice of intent not to accept more than $2,500.00 or expend more than $2,500.00 in the election and be relieved of filing campaign finance disclosure reports; to provide that the acceptance or expenditure of more than those amounts will require the filing of certain reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Said chapter is further amended by revising subsection (g) of Code Section 21-5-30, relating to contributions made to candidate or campaign committee or for recall of a public officer, as follows:
"(g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the commission a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any; provided, however, that a candidate, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, shall make filings of the same kind and in the same manner as provided in this subsection for other public officers except that filings under this subsection shall be made with the election superintendent of the county in the case of public officers as defined in subparagraph (F) of paragraph (22) of Code Section 21-5-3 and shall be made with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality in the case of public officers as defined in subparagraph (G) of paragraph (22) of Code Section 21-5-3. The election superintendent, municipal clerk, or chief executive officer, as applicable, shall transmit electronically by eFiling or eFax a copy of each such declaration of intention to the commission not later than ten days after the close of the reporting period."

SECTION 2. Said chapter is further amended by revising subsection (d.1) of Code Section 21-5-34, relating to campaign finance disclosure reports, as follows:
"(d.1)(1) In the event a candidate for nomination or election to a public office listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of a campaign committee organized to bring about the nomination or election of such candidate signs and files with the appropriate official specified by paragraph (3) or (4) of subsection (a) of this Code section a written notice that such candidate or campaign committee does not intend to accept during such election cycle a combined total of contributions exceeding $2,500.00 for the campaign nor make a combined total of expenditures exceeding $2,500.00 for the campaign in such election cycle, then such candidate or campaign committee shall not be required to file a report under this Code section. The appropriate official shall transmit an electronic copy of the written notice by eFiling or eFax to the commission within ten days of receipt of such notice. The failure of the appropriate official to timely transmit such copy of the written notice to the commission shall not disqualify the candidate or campaign committee from the exemption from report filing provided by this paragraph. (2) If such candidate or campaign committee exceeds the $2,500.00 limit for either accepting contributions or making expenditures for such campaign during such election cycle as specified in paragraph (1) of this subsection but does not accept a combined total of contributions exceeding $5,000.00 in such election cycle nor make expenditures

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exceeding $5,000.00 in such election cycle, then such candidate or campaign committee shall be required to file only the June 30 and October 25 reports required by paragraph (2) of subsection (c) of this Code section. The first such report shall include all contributions received and expenditures made beginning January 1 of such calendar year. (3) If such candidate or campaign committee accepts a combined total of contributions exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign during any such election cycle, then such candidate or campaign committee chairperson or treasurer shall thereupon be subject to the reporting requirements of this Code section the same as if the written notice authorized by this subsection had not been filed."

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

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

Approved January 31, 2014.

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EDUCATION COUNTY BOARDS OF EDUCATION; MEMBERSHIP AND TERMS OF OFFICE OF CERTAIN BOARDS.

No. 350 (House Bill No. 979).

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 provide for membership of certain boards of education in the event that local legislation is not passed during the 2014 regular session of the General Assembly conforming the size of such boards to the requirements of law; to provide for terms of office for such members; 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. 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) and by adding a new subsection to read 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 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 separate 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 separate single-member districts of approximately equal population." "(d) In the event that a local law is not enacted prior to the qualifying period for the 2014 elections to conform the provisions of law regarding boards of education subject to this Code section to the size requirements of this Code section and if the election structure of such local board of education contains a plan for seven members from separate single-member districts encompassing all of the school district in addition to any other election provisions, then on January 1, 2015, the board of education shall consist only of seven members elected from such separate single-member districts and all other positions in excess of those seven shall be eliminated. In such case, those persons serving from odd-numbered districts shall serve for an initial term of two years and until their respective successors are elected and qualified. Those persons serving from even-numbered districts shall serve for an initial term of four years and until their respective successors are elected and qualified. Thereafter, successors to such members shall be elected at the general election immediately prior to the end of their respective terms of office to take office on January 1 immediately following such election for terms of four years and until their respective successors are elected and qualified. After January 1, 2015, the composition of such districts, number of districts, and staggering of terms may be changed by local law consistent with the provisions of this Code section, but shall not be changed prior to such date."

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 February 26, 2014.

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ALCOHOLIC BEVERAGES SUNDAY SALES DURING ST. PATRICK'S DAY HOLIDAY PERIOD.

No. 351 (Senate Bill No. 318).

AN ACT

To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to allow for local authorization and regulation of the sale of alcoholic beverages for consumption on the premises on Sundays during the St. Patrick's Day holiday period; 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 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by adding a new subsection to read as follows:
"(r) Notwithstanding any other provisions of law, in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality, as appropriate, may by adoption of a resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises from 12:30 P.M. until 12:00 Midnight on any Sunday which occurs during the St. Patrick's Day holiday period. Any sales for consumption on the premises made pursuant to this subsection shall be subject to such terms and conditions as may be required by the governing authority of the county or municipality. As used in this subsection, the term 'St. Patrick's Day holiday period' means March 16 through March 18 of each year."

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 March 13, 2014.

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REVENUE AND TAXATION INCOME TAX; TAX CREDIT FOR PURCHASERS OF CERTAIN ALTERNATIVE FUEL HEAVY-DUTY AND MEDIUM-DUTY VEHICLES.

No. 355 (House Bill No. 348).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, so as to provide a tax credit for purchasers of alternative fuel heavy-duty and medium-duty vehicles; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for a cap on the amount of the tax credits; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, is amended by adding new Code sections to read as follows:
"48-7-29.18. (a) As used in this Code section, the term:
(1) 'Affiliated entity' means a person or business entity that is a member of the taxpayer's affiliated group within the meaning of Section 1504(a) of the Internal Revenue Code. (2) 'Alternative fuel' means electricity, liquid petroleum gas, natural gas, or hydrogen fuel. The term does not include hybrid electric drives unless the vehicle has a gross weight equal to or greater than 8,500 pounds and less than 26,000 pounds. (3) 'Alternative fuel heavy-duty vehicle' means a new commercial vehicle, with a gross vehicle weight ratio equal to or more than 26,001 pounds, that is primarily fueled by an alternative fuel. As used in this paragraph, 'primarily fueled by an alternative fuel' means a vehicle that is produced by an original equipment manufacturer and operates on 90 percent or more alternative fuel and on 10 percent or less gasoline or diesel fuel. In order

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to qualify for a tax credit under this Code section, the vehicle shall be registered in Georgia and be certified by the Department of Natural Resources as meeting all requirements set forth in paragraph (1) of subsection (a) of Code Section 48-7-29.19. (4) 'Alternative fuel medium-duty vehicle' means a new commercial vehicle, with a gross vehicle weight ratio equal to 8,500 pounds or more and less than 26,001 pounds, that is solely fueled by an alternative fuel and that is produced by an original equipment manufacturer. In order to qualify for a tax credit under this Code section, the vehicle shall be registered in Georgia and be certified by the Department of Natural Resources as meeting all requirements set forth in paragraph (1) of subsection (a) of Code Section 48-7-29.19. (5) 'New commercial vehicle' means a new commercial vehicle that: (A) is manufactured by an original equipment manufacturer, or (B) is manufactured by an original equipment manufacturer and any third-party equipment manufacturers, provided that such third-party manufacturers provide such parts or services prior to the original sale of such vehicle to a purchaser, and all vehicle components, including the alternative fuel system, are covered by the original equipment manufacturer or covered under separate warranties by the original equipment manufacturer and the third-party equipment manufacturer that together provide warranty for the complete vehicle. (6) 'Taxpayer' means any person or business entity required by law to file a return or to pay taxes. (b)(1) A taxpayer shall be allowed a credit against tax imposed under this article for the amount expended on or after July 1, 2015, and before June 30, 2017, to purchase an alternative fuel heavy-duty vehicle not to exceed $20,000.00 per vehicle. (2) A taxpayer shall be allowed a credit against tax imposed under this article for the amount expended on or after July 1, 2015, and before June 30, 2017, to purchase an alternative fuel medium-duty vehicle not to exceed $12,000.00 per vehicle. (c) The tax credits allowed under this Code section shall be limited to $2.5 million in each fiscal year beginning with fiscal year 2016 and ending with fiscal year 2017. (d) In no event shall the total amount of any tax credit under this Code section for a taxpayer or an affiliated entity for a taxable year exceed the lesser of (i) a taxpayer's income tax liability, or (ii) $250,000.00. No unused portion of such tax credit shall be allowed the taxpayer or an affiliated entity against succeeding years' tax liabilities. No such credit shall be allowed the taxpayer or an affiliated entity against prior years' tax liabilities. The tax credit provided for in this Code section shall not apply to any vehicle for which the taxpayer or an affiliated entity has applied for and received a tax credit as set forth in Code Section 48-7-40.16. (e) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section.

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48-7-29.19. (a) A taxpayer seeking to claim a tax credit under the provisions of Code Section 48-7-29.18 shall submit an application to the commissioner for preapproval of such tax credit. Before any such application for such tax credit is filed, the applicant shall have completed the purchase and shall have registered the qualified vehicle or vehicles in this state. The application shall include:
(1) Certification from the Department of Natural Resources that the vehicle is an alternative fuel heavy-duty vehicle, or alternative fuel medium-duty vehicle, as defined in Code Section 48-7-29.18; (2) A sworn affidavit from the taxpayer certifying that the vehicle shall accumulate at least 75 percent of its mileage in Georgia in each year for a five-year period, that is registered in Georgia and shall remain registered in Georgia for no less than five years; and (3) Any other information requested by the commissioner pursuant to a rule or regulation promulgated hereunder. The commissioner shall create and make available the forms to be used for such applications. Within 60 days of receipt of a properly completed application, the commissioner shall preapprove the application if a sufficient amount of available tax credits remain. (b) The commissioner shall preapprove the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. (c) In no event shall the aggregate amount of the tax credits preapproved by the commissioner for all taxpayers under the provisions of this Code section exceed the amounts specified in subsection (c) of Code Section 48-7-29.18. (d) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section, including provisions for repayment of any credit in the event any of the certifications of paragraph (2) of subsection (a) of this Code section are or become untrue during the five-year period following the date of application."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2015.

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

Approved April 4, 2014.

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CHATTAHOOCHEE JUDICIAL CIRCUIT OCONEE JUDICIAL CIRCUIT DATE OF ELECTION OF ADDITIONAL JUDGES.

No. 386 (House Bill No. 940).

AN ACT

To amend an Act providing for an additional judge of the Chattahoochee Judicial Circuit and Oconee Judicial Circuit, approved May 6, 2013 (Ga. L. 2013, p. 570), so as to change the date of election of such additional judges; 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 an additional judge of the Chattahoochee Judicial Circuit, approved May 6, 2013 (Ga. L. 2013, p. 570), is amended by revising Section 1-3 as follows:

"SECTION 1-3. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning on his or her appointment and expiring on December 31, 2016, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for the election of judges of the superior courts of this state in 2016 for a term of four years beginning on January 1, 2017, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state."

SECTION 2. An Act providing for an additional judge of the Oconee Judicial Circuit, approved May 6, 2013 (Ga. L. 2013, p. 570), is amended by revising Section 2-3 as follows:

"SECTION 2-3. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning on his or her appointment and expiring on December 31, 2016, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for

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the election of judges of the superior courts of this state in 2016 for a term of four years beginning on January 1, 2017, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state."

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

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

Approved April 10, 2014.

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PUBLIC OFFICERS AND EMPLOYEES STATE GOVERNMENT TEMPORARY REPLACEMENT OFFICERS IN CERTAIN CIRCUMSTANCES; ELIGIBILITY OF MEMBERS OF METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS.

No. 462 (Senate Bill No. 367).

AN ACT

To amend Code Section 45-5-6 of the Official Code of Georgia Annotated, relating to public official investigated by special commission upon indictment, gubernatorial review if commission recommends suspension, suspension, reinstatement, and replacement officer, so as to provide for the appointment of a temporary replacement officer under certain circumstances; To amend Code Section 50-8-84 of the Official Code of Georgia Annotated, relating to composition of membership of metropolitan area planning and development commissions and redistricting of areas removed from jurisdiction of existing commission, so as to change the eligibility to be a member of a commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 45-5-6 of the Official Code of Georgia Annotated, relating to public official investigated by special commission upon indictment, gubernatorial review if commission recommends suspension, suspension, reinstatement, and replacement officer, is amended by adding a new subsection to read as follows:
"(j) Unless otherwise provided by local law, in the event the Governor appoints a member of a governing authority as a temporary replacement for a suspended public official under paragraph (1) of subsection (d) of this Code section, the governing authority, by majority vote, shall select a temporary replacement who is qualified by law to serve as such member of the governing authority, to fill such member's seat on the governing authority until such time as the suspension of the public official is terminated or the end of such member's current term on the governing authority, whichever is earlier. Before selecting such temporary replacement, the governing authority shall advertise its intention to select such temporary replacement in the applicable legal organ at least once a week for two weeks and on the governing authority's website, if it has one, and shall solicit applicants for such temporary replacement position."

SECTION 2. Code Section 50-8-84 of the Official Code of Georgia Annotated, relating to composition of membership of metropolitan area planning and development commissions and redistricting of areas removed from jurisdiction of existing commission, is amended by revising paragraph (5) of subsection (a) as follows:
"(5) A member, the president, or the presiding officer of the legislative body of the most populous municipality lying within the area chosen by majority vote of the members of that legislative body; and".

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 1 shall enable the temporary replacement of all persons serving as temporary replacements for suspended public officials on the effective date of this Act as well as the temporary replacement of all persons appointed as temporary replacements for suspended public officials on and after the effective date of this Act.

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

Approved April 10, 2014.

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STATE GOVERNMENT ADOPT COMPACT FOR A BALANCED BUDGET; PROMOTE PROPOSAL AND RATIFICATION OF BALANCED BUDGET AMENDMENT TO UNITED STATES CONSTITUTION.

No. 475 (House Bill No. 794).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to adopt the Compact for a Balanced Budget and promote the proposal and ratification of a balanced budget amendment to the United States Constitution; to provide for powers, duties, and procedures relative to the Compact; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows:

"CHAPTER 38 50-38-1. The State of Georgia enacts, adopts, and agrees to be bound by the following compact:

'ARTICLE I DECLARATION OF POLICY, PURPOSE, AND INTENT

Whereas, every State enacting, adopting, and agreeing to be bound by this Compact intends to ensure that their respective legislature's use of the power to originate a Balanced Budget Amendment under Article V of the Constitution of the United States will be exercised conveniently and with reasonable certainty as to the consequences thereof.

Now, therefore, in consideration of their expressed mutual promises and obligations, be it enacted by every State enacting, adopting, and agreeing to be bound by this Compact, and resolved by each of their respective legislatures, as the case may be, to exercise herewith all of their respective powers as set forth herein notwithstanding any law to the contrary.

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ARTICLE II DEFINITIONS

Section 1. "Compact" means this "Compact for a Balanced Budget."

Section 2. "Convention" means the convention for proposing amendments organized by this Compact under Article V of the Constitution of the United States and, where contextually appropriate to ensure the terms of this Compact are not evaded, any other similar gathering or body, which might be organized as a consequence of Congress receiving the application set out in this Compact and claim authority to propose or effectuate any amendment, alteration or revision to the Constitution of the United States. This term is not intended to pertain to any convention held under Article V of the Constitution of the United States which originates as a result of a separate and distinct application by any State.

Section 3. "State" means one of the several states of the United States. Where contextually appropriate, the term "State" shall be construed to include all of its branches, departments, agencies, political subdivisions, and officers and representatives acting in their official capacity.

Section 4. "Member State" means a State that has enacted, adopted, and agreed to be bound to this Compact. For any State to qualify as a Member State with respect to any other State under this Compact, each such State must have enacted, adopted, and agreed to be bound by substantively identical compact legislation.

Section 5. "Compact Notice Recipients" means the Archivist of the United States, the President of the United States, the President of the United States Senate, the Office of the Secretary of the United States Senate, the Speaker of the United States House of Representatives, the Office of the Clerk of the United States House of Representatives, the chief executive officer of each State, and the presiding officer(s) of each house of the Legislatures of the several States.

Section 6. Notice. All notices required by this Compact shall be by U.S. Certified Mail, return receipt requested, or an equivalent or superior form of notice, such as personal delivery documented by evidence of actual receipt.

Section 7. "Balanced Budget Amendment" means the following:

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"ARTICLE __ Section 1. Total outlays of the government of the United States shall not exceed total receipts of the government of the United States at any point in time unless the excess of outlays over receipts is financed exclusively by debt issued in strict conformity with this article.

Section 2. Outstanding debt shall not exceed authorized debt, which initially shall be an amount equal to 105 percent of the outstanding debt on the effective date of this article. Authorized debt shall not be increased above its aforesaid initial amount unless such increase is first approved by the legislatures of the several states as provided in Section 3.

Section 3. From time to time, Congress may increase authorized debt to an amount in excess of its initial amount set by Section 2 only if it first publicly refers to the legislatures of the several states an unconditional, single subject measure proposing the amount of such increase, in such form as provided by law, and the measure is thereafter publicly and unconditionally approved by a simple majority of the legislatures of the several states, in such form as provided respectively by state law; provided that no inducement requiring an expenditure or tax levy shall be demanded, offered, or accepted as a quid pro quo for such approval. If such approval is not obtained within sixty (60) calendar days after referral then the measure shall be deemed disapproved and the authorized debt shall thereby remain unchanged.

Section 4. Whenever the outstanding debt exceeds 98 percent of the debt limit set by Section 2, the President shall enforce said limit by publicly designating specific expenditures for impoundment in an amount sufficient to ensure outstanding debt shall not exceed the authorized debt. Said impoundment shall become effective thirty (30) days thereafter, unless Congress first designates an alternate impoundment of the same or greater amount by concurrent resolution, which shall become immediately effective. The failure of the President to designate or enforce the required impoundment is an impeachable misdemeanor. Any purported issuance or incurrence of any debt in excess of the debt limit set by Section 2 is void.

Section 5. No bill that provides for a new or increased general revenue tax shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress. However, this requirement shall not apply to any bill that provides for a new end user sales tax which would completely replace every existing income tax levied by the government of the United States; or for the reduction or elimination of an exemption, deduction, or credit allowed under an existing general revenue tax.

Section 6. For purposes of this article, "debt" means any obligation backed by the full faith and credit of the government of the United States; "outstanding debt" means all debt

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held in any account and by any entity at a given point in time; "authorized debt" means the maximum total amount of debt that may be lawfully issued and outstanding at any single point in time under this article; "total outlays of the government of the United States" means all expenditures of the government of the United States from any source; "total receipts of the government of the United States" means all tax receipts and other income of the government of the United States, excluding proceeds from its issuance or incurrence of debt or any type of liability; "impoundment" means a proposal not to spend all or part of a sum of money appropriated by Congress; and "general revenue tax" means any income tax, sales tax, or value-added tax levied by the government of the United States excluding imposts and duties.

Section 7. This article is immediately operative upon ratification, self-enforcing, and Congress may enact conforming legislation to facilitate enforcement."

ARTICLE III COMPACT MEMBERSHIP AND WITHDRAWAL

Section 1. This Compact governs each Member State to the fullest extent permitted by their respective constitutions, superseding and repealing any conflicting or contrary law.

Section 2. By becoming a Member State, each such State offers, promises and agrees to perform and comply strictly in accordance with the terms and conditions of this Compact, and has made such offer, promise, and agreement in anticipation and consideration of, and in substantial reliance upon, such mutual and reciprocal performance and compliance by each other current and future Member State, if any. Accordingly, in addition to having the force of law in each Member State upon its respective effective date, this Compact and each of its Articles shall also be construed as contractually binding each Member State when: (a) at least one other State has likewise become a Member State by enacting substantively identical legislation adopting and agreeing to be bound by this Compact; and (b) notice of such State's Member State status is or has been seasonably received by the Compact Administrator, if any, or otherwise by the chief executive officer of each other Member State. Section 3. For purposes of determining Member State status under this Compact, as long as all other provisions of the Compact remain identical and operative on the same terms, legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed and regarded as "substantively identical" with respect to such other legislation enacted by another State notwithstanding: (a) any difference in section 2 of Article IV with specific regard to the respectively enacting State's own method of appointing its member to the Commission; (b) any difference in section 5 of Article IV with specific regard to the respectively enacting State's own obligation to fund the Commission; (c) any difference in sections 1 and 2 of Article VI with specific regard to the number and identity of each

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delegate respectively appointed on behalf of the enacting State, provided that no more than three delegates may attend and participate in the Convention on behalf of any State; or (d) any difference in section 7 of Article X with specific regard to the respectively enacting State as to whether section 1 of Article V of this Compact shall survive termination of the Compact, and thereafter become a continuing resolution of the Legislature of such State applying to Congress for the calling of a convention of the states under Article V of the Constitution of the United States, under such terms and limitations as may be specified by such State.

Section 4. When fewer than three-fourths of the States are Member States, any Member State may withdraw from this Compact by enacting appropriate legislation, as determined by state law, and giving notice of such withdrawal to the Compact Administrator, if any, or otherwise to the chief executive officer of each other Member State. A withdrawal shall not affect the validity or applicability of the compact with respect to remaining Member States, provided that there remain at least two such States. However, once at least three-fourths of the States are Member States, then no Member State may withdraw from the Compact prior to its termination absent unanimous consent of all Member States.

ARTICLE IV COMPACT COMMISSION AND COMPACT ADMINISTRATOR

Section 1. Nature of the Compact Commission. The Compact Commission ("Commission") is hereby established. It has the power and duty: (a) to appoint and oversee a Compact Administrator; (b) to encourage States to join the Compact and Congress to call the Convention in accordance with this Compact; (c) to coordinate the performance of obligations under the Compact; (d) to oversee the Convention's logistical operations, as appropriate to ensure this Compact governs its proceedings; (e) to oversee the defense and enforcement of the Compact in appropriate legal venues; (f) to request funds and to disburse those funds to support the operations of the Commission, Compact Administrator, and Convention; and (g) to cooperate with any entity that shares a common interest with the Commission and engages in policy research, public interest litigation, or lobbying in support of the purposes of the Compact. The Commission shall only have such implied powers as are essential to carrying out these express powers and duties. It shall take no action that contravenes or is inconsistent with this Compact or any law of any State that is not superseded by this Compact. It may adopt and publish corresponding bylaws and policies.

Section 2. Commission Membership. The Commission initially consists of three unpaid members. Each Member State may appoint one member to the Commission through an appointment process to be determined by their respective chief executive officer until all positions on the Commission are filled. Positions shall be assigned to appointees in the

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order in which their respective appointing States became Member States. The bylaws of the Commission may expand its membership to include representatives of additional Member States and to allow for modest salaries and reimbursement of expenses if adequate funding exists.

Section 3. Commission Action. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of its appointed membership is present, and no action shall be binding unless approved by a majority of the Commission's appointed membership. The Commission shall meet at least once a year, and may meet more frequently.

Section 4. First Order of Business. The Commission shall at the earliest possible time elect from among its membership a Chairperson, determine a primary place of doing business, and appoint a Compact Administrator.

Section 5. Funding. The Commission and the Compact Administrator's activities shall be funded exclusively by each Member State, as determined by their respective state law, or by voluntary donations.

Section 6. Compact Administrator. The Compact Administrator has the power and duty: (a) to timely notify the States of the date, time, and location of the Convention; (b) to organize and direct the logistical operations of the Convention; (c) to maintain an accurate list of all Member States, their appointed delegates, including contact information; and (d) to formulate, transmit, and maintain all official notices, records, and communications relating to this Compact. The Compact Administrator shall only have such implied powers as are essential to carrying out these express powers and duties; and shall take no action that contravenes or is inconsistent with this Compact or any law of any State that is not superseded by this Compact. The Compact Administrator serves at the pleasure of the Commission and must keep the Commission seasonably apprised of the performance or nonperformance of the terms and conditions of this Compact. Any notice sent by a Member State to the Compact Administrator concerning this Compact shall be adequate notice to each other Member State provided that a copy of said notice is seasonably delivered by the Compact Administrator to each other Member State's respective chief executive officer.

Section 7. Notice of Key Events. Upon the occurrence of each of the following described events, or otherwise as soon as possible, the Compact Administrator shall immediately send the following notices to all Compact Notice Recipients, together with certified conforming copies of the chaptered version of this Compact as maintained in the statutes of each Member State: (a) whenever any State becomes a Member State, notice of that fact shall be given; (b) once at least three-fourths of the States are Member States, notice of that fact

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shall be given together with a statement declaring that the legislatures of at least two-thirds of the several states have applied for a convention for proposing amendments under Article V of the Constitution of the United States, petitioning Congress to call the Convention contemplated by this Compact, and further requesting cooperation in organizing the same in accordance with this Compact; (c) once Congress has called the Convention contemplated by this Compact, and whenever the date, time, and location of the Convention has been determined, notice of that fact shall be given together with the date, time, and location of the Convention and other essential logistical matters; (d) upon approval of the Balanced Budget Amendment by the Convention, notice of that fact shall be given together with the transmission of certified copies of such approved proposed amendment and a statement requesting Congress to refer the same for ratification by three-fourths of the legislatures of the several states under Article V of the Constitution of the United States (however, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted); and (e) when any Article of this Compact prospectively ratifying the Balanced Budget Amendment is effective in any Member State, notice of the same shall be given together with a statement declaring such ratification and further requesting cooperation in ensuring that the official record confirms and reflects the effective corresponding amendment to the Constitution of the United States. However, whenever any Member State enacts appropriate legislation, as determined by the laws of the respective state, withdrawing from this Compact, the Compact Administrator shall immediately send certified conforming copies of the chaptered version of such withdrawal legislation as maintained in the statutes of each such withdrawing Member State, solely to each chief executive officer of each remaining Member State, giving notice of such withdrawal.

Section 8. Cooperation. The Commission, Member States, and Compact Administrator shall cooperate with each other and give each other mutual assistance in enforcing this Compact and shall give the chief law enforcement officer of each other Member State any information or documents that are reasonably necessary to facilitate the enforcement of this Compact.

Section 9. This Article does not take effect until there are at least two Member States.

ARTICLE V RESOLUTION APPLYING FOR CONVENTION

Section 1. Be it resolved, as provided for in Article V of the Constitution of the United States, the Legislature of each Member State herewith applies to Congress for the calling of a convention for proposing amendments limited to the subject matter of proposing for ratification the Balanced Budget Amendment.

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Section 2. Congress is further petitioned to refer the Balanced Budget Amendment to the States for ratification by three-fourths of their respective Legislatures.

Section 3. This Article does not take effect until at least three-fourths of the several States are Member States.

ARTICLE VI DELEGATE APPOINTMENT, LIMITATIONS, AND INSTRUCTIONS

Section 1. Number of Delegates. This Member State shall be entitled to three delegates to represent its sovereign interests at the Convention.

Section 2. Identity. The Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate of this Member State, or their respective designee, as identified in a sworn affidavit executed by such officer, are each appointed in an individual capacity to represent this Member State at the Convention as its sole and exclusive delegates. A majority vote of this delegation shall serve to decide any issue at the Convention on behalf of this Member State.

Section 3. Replacement or Recall of Delegates. A delegate appointed hereunder may be replaced or recalled by the legislature of his or her respective state at any time for good cause, such as criminal misconduct or the violation of this Compact. If replaced or recalled, any delegate previously appointed hereunder must immediately vacate the Convention and return to their respective State's capitol.

Section 4. Oath. The power and authority of a delegate under this Article may only be exercised after the Convention is first called by Congress in accordance with this Compact and such appointment is duly accepted by such appointee publicly taking the following oath or affirmation: "I do solemnly swear (or affirm) that I accept this appointment and will act strictly in accordance with the terms and conditions of the Compact for a Balanced Budget, the Constitution of the State I represent, and the Constitution of the United States. I understand that violating this oath (or affirmation) forfeits my appointment and may subject me to other penalties as provided by law."

Section 5. Term. The term of a delegate hereunder commences upon acceptance of appointment and terminates upon the permanent adjournment of the Convention, unless shortened by recall, replacement, or forfeiture under this Article. Upon expiration of such term, any person formerly serving as a delegate must immediately withdraw from and cease participation at the Convention, if any is proceeding.

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Section 6. Delegate Authority. The power and authority of any delegate appointed hereunder is strictly limited: (a) to introducing, debating, voting upon, proposing, and enforcing the Convention Rules specified in this Compact, as needed to ensure those rules govern the Convention; and (b) to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment. All actions taken by any delegate in violation of this section are void ab initio.

Section 7. Delegate Authority. No delegate of any Member State may introduce, debate, vote upon, reject, or propose for ratification any constitutional amendment at the Convention unless: (a) the Convention Rules specified in this Compact govern the Convention and their actions; and (b) the constitutional amendment is the Balanced Budget Amendment.

Section 8. Delegate Authority. The power and authority of any delegate at the Convention does not include any power or authority associated with any other public office held by the delegate. Any person appointed to serve as a delegate shall take a temporary leave of absence from any other public office held by the delegate while attending the Convention, and may not exercise any power or authority associated with any other public office held by the delegate while attending the Convention. All actions taken by any delegate in violation of this section are void ab initio.

Section 9. Order of Business. Before introducing, debating, voting upon, rejecting, or proposing for ratification any constitutional amendment at the Convention, each delegate of every Member State must first ensure the Convention Rules in this Compact govern the Convention and their actions. Every delegate and each Member State must immediately vacate the Convention and notify the Compact Administrator by the most effective and expeditious means if the Convention Rules in this Compact are not adopted to govern the Convention and their actions.

Section 10. Forfeiture of Appointment. If any Member State or delegate violates any provision of this Compact, then every delegate of that Member State immediately forfeits his or her appointment, and shall immediately cease participation at the Convention, vacate the Convention, and return to his or her respective State's capitol.

Section 11. Expenses. A delegate appointed hereunder is entitled to reimbursement of reasonable expenses for attending the Convention from his or her respective Member State. No delegate may accept any other form of remuneration or compensation for service under this Compact.

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ARTICLE VII CONVENTION RULES

Section 1. Nature of the Convention. The Convention shall be organized, construed, and conducted as a body exclusively representing and constituted by the several States.

Section 2. Agenda of the Convention. The agenda of the Convention shall be entirely focused upon and exclusively limited to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment under the Convention Rules specified in this Article and in accordance with the Compact. It shall not be in order for the Convention to consider any matter that is outside the scope of this agenda.

Section 3. Delegate Identity and Procedure. States shall be represented at the Convention through duly appointed delegates. The number, identity, and authority of delegates assigned to each State shall be determined by this Compact in the case of Member States or, in the case of states that are not Member States, by their respective state laws. However, to prevent disruption of proceedings, no more than three delegates may attend and participate in the Convention on behalf of any State. A certified chaptered conforming copy of this Compact, together with government-issued photographic proof of identification, shall suffice as credentials for delegates of Member States. Any commission for delegates of states that are not Member States shall be based on their respective state laws, but it shall furnish credentials that are at least as reliable as those required of Member States.

Section 4. Voting. Each state represented at the Convention shall have one vote, exercised by the vote of that State's delegate in the case of states represented by one delegate, or, in the case of any State that is represented by more than one delegate, by the majority vote of that state's respective delegates.

Section 5. Quorum. A majority of the several states of the United States, each present through its respective delegate in the case of any State that is represented by one delegate, or through a majority of its respective delegates, in the case of any state that is represented by more than one delegate, shall constitute a quorum for the transaction of any business on behalf of the Convention.

Section 6. Action by the Convention. The Convention shall only act as a committee of the whole chaired by the delegate representing the first state to have become a Member State, if that state is represented by one delegate, or otherwise by the delegate chosen by the majority vote of that state's respective delegates. The transaction of any business on behalf of the Convention, including the designation of a secretary, the adoption of parliamentary procedures, and the rejection or proposal of any constitutional amendments, requires a

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quorum to be present and a majority affirmative vote of those states constituting the quorum.

Section 7. Emergency Suspension and Relocation of the Convention. In the event that the Chair of the Convention declares an emergency due to disorder or an imminent threat to public health and safety prior to the completion of the business on the Agenda, and a majority of the States present at the Convention do not object to such declaration, further Convention proceedings shall be temporarily suspended, and the Commission shall subsequently relocate or reschedule the Convention to resume proceedings in an orderly fashion in accordance with the terms and conditions of this Compact with prior notice given to the Compact Notice Recipients.

Section 8. Parliamentary Procedure. In adopting, applying, and formulating parliamentary procedure, the Convention shall exclusively adopt, apply, or appropriately adapt provisions of the most recent editions of Robert's Rules of Order and the American Institute of Parliamentarians Standard Code of Parliamentary Procedure. In adopting, applying, or adapting parliamentary procedure, the Convention shall exclusively consider analogous precedent arising within the jurisdiction of the United States. Parliamentary procedures adopted, applied, or adapted pursuant to this section shall not obstruct, override, or otherwise conflict with this Compact.

Section 9. Transmittal. Upon approval of the Balanced Budget Amendment by the Convention to propose for ratification, the chair of the Convention shall immediately transmit certified copies of such approved proposed amendment to the Compact Administrator and all Compact Notice Recipients, notifying them respectively of such approval and requesting Congress to refer the same for ratification by the States under Article V of the Constitution of the United States. However, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted as aforesaid.

Section 10. Transparency. Records of the Convention, including the identities of all attendees and detailed minutes of all proceedings, shall be kept by the chair of the Convention or secretary designated by the Convention. All proceedings and records of the Convention shall be open to the public upon request subject to reasonable regulations adopted by the Convention that are closely tailored to preventing disruption of proceedings under this Article.

Section 11. Adjournment of the Convention. The Convention shall permanently adjourn upon the earlier of twenty-four (24) hours after commencing proceedings under this Article or the completion of the business on its Agenda.

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ARTICLE VIII PROHIBITION ON ULTRA VIRES CONVENTION

Section 1. Member States shall not participate in the Convention unless: (a) Congress first calls the Convention in accordance with this Compact; and (b) the Convention Rules of this Compact are adopted by the Convention as its first order of business.

Section 2. Any proposal or action of the Convention is void ab initio and issued by a body that is conducting itself in an unlawful and ultra vires fashion if that proposal or action: (a) violates or was approved in violation of the Convention Rules or the delegate instructions and limitations on delegate authority specified in this Compact; (b) purports to propose or effectuate a mode of ratification that is not specified in Article V of the Constitution of the United States; or (c) purports to propose or effectuate the formation of a new government. All Member States are prohibited from advancing or assisting in the advancement of any such proposal or action.

Section 3. Member States shall not ratify or otherwise approve any proposed amendment, alteration, or revision to the Constitution of the United States, which originates from the Convention, other than the Balanced Budget Amendment.

ARTICLE IX RESOLUTION PROSPECTIVELY RATIFYING THE
BALANCED BUDGET AMENDMENT

Section 1. Each Member State, by and through its respective legislature, hereby adopts and ratifies the Balanced Budget Amendment.

Section 2. This Article does not take effect until Congress effectively refers the Balanced Budget Amendment to the states for ratification by three-fourths of the legislatures of the several states under Article V of the Constitution of the United States.

ARTICLE X CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY

Section 1. To the extent that the effectiveness of this Compact or any of its Articles or provisions requires the alteration of local legislative rules, drafting policies, or procedure to be effective, the enactment of legislation enacting, adopting, and agreeing to be bound by this Compact shall be deemed to waive, repeal, supersede, or otherwise amend and conform all such rules, policies, or procedures to allow for the effectiveness of this Compact to the fullest extent permitted by the constitution of any affected Member State.

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Section 2. Date and Location of the Convention. Unless otherwise specified by Congress in its call, the Convention shall be held in Dallas, Texas and commence proceedings at 9:00 a.m. Central Standard Time on the sixth Wednesday after the latter of the effective date of Article V of this Compact or the enactment date of the Congressional resolution calling the Convention.

Section 3. In addition to all other powers and duties conferred by state law which are consistent with the terms and conditions of this Compact, the chief law enforcement officer of each Member State is empowered to defend the Compact from any legal challenge, as well as to seek civil mandatory and prohibitory injunctive relief to enforce this Compact; and shall take such action whenever the Compact is challenged or violated.

Section 4. The exclusive venue for all actions in any way arising under this Compact shall be in the United States District Court for the Northern District of Texas or the courts of the State of Texas within the jurisdictional boundaries of the foregoing district court. Each Member State shall submit to the jurisdiction of said courts with respect to such actions. However, upon written request by the chief law enforcement officer of any Member State, the Commission may elect to waive this provision for the purpose of ensuring an action proceeds in the venue that allows for the most convenient and effective enforcement or defense of this Compact. Any such waiver shall be limited to the particular action to which it is applied and not construed or relied upon as a general waiver of this provision. The waiver decisions of the Commission under this provision shall be final and binding on each Member State.

Section 5. The effective date of this Compact and any of its Articles is the latter of: (a) the date of any event rendering the same effective according to its respective terms and conditions; or (b) the earliest date otherwise permitted by law.

Section 6. Article VIII of this Compact is hereby deemed non-severable prior to termination of the Compact. However, if any other phrase, clause, sentence, or provision of this Compact, or the applicability of any other phrase, clause, sentence, or provision of this Compact to any government, agency, person, or circumstance, is declared in a final judgment to be contrary to the Constitution of the United States, contrary to the state constitution of any Member State, or is otherwise held invalid by a court of competent jurisdiction, such phrase, clause, sentence, or provision shall be severed and held for naught, and the validity of the remainder of this Compact and the applicability of the remainder of this Compact to any government, agency, person, or circumstance shall not be affected. Furthermore, if this Compact is declared in a final judgment by a court of competent jurisdiction to be entirely contrary to the state constitution of any Member State or otherwise entirely invalid as to any Member State, such Member State shall be deemed to have withdrawn from the Compact, and the Compact shall remain in full force and effect

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as to any remaining Member State. Finally, if this Compact is declared in a final judgment by a court of competent jurisdiction to be wholly or substantially in violation of Article I, Section 10, of the Constitution of the United States, then it shall be construed and enforced solely as reciprocal legislation enacted by the affected Member State(s).

Section 7. Termination. This Compact shall terminate and be held for naught when it is fully performed and the Constitution of the United States is amended by the Balanced Budget Amendment. However, notwithstanding anything to the contrary set forth in this Compact, in the event such amendment does not occur within seven (7) years after the first State passes legislation enacting, adopting, and agreeing to be bound to this Compact, the Compact shall terminate as follows: (a) the Commission shall dissolve and wind up its operations within ninety (90) days thereafter, with the Compact Administrator giving notice of such dissolution and the operative effect of this section to the Compact Notice Recipients; (b) upon the completed dissolution of the Commission, Articles I, II, III, IV, VI, VII, VIII, and IX, as well as sections 2 and 3 of Article V and sections 1 through 6 of Article X, of this Compact for this Member State shall be deemed terminated, repealed, and held for naught; and (c) section 1 of Article V of this Compact, together with the constructional rule of this subsection, both of which shall survive termination of the Compact, shall thereafter become and be construed as an immediately effective freestanding continuing resolution, passed by the Legislature of this Member State, applying to Congress for the calling of a convention for proposing amendments under Article V of the Constitution of the United States, limited to proposing amendments such as a balanced budget amendment, which shall be capable of aggregation with any other similar application.'"

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

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

Approved April 12, 2014.

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COURTS MOTOR VEHICLES AND TRAFFIC PENAL INSTITUTIONS TORTS DOMESTIC RELATIONS LAW ENFORCEMENT OFFICERS AND AGENCIES SOCIAL SERVICES OFFENDER REENTRY REFORMS; FINDINGS IN DISPOSITION HEARINGS; CALCULATION OF TIMES; PERIODIC REVIEW HEARINGS FOR FOSTER CARE CHILDREN; PERMANENCY PLANNING; RESTORATION OR SUSPENSION OF DRIVER'S LICENSE; LIMITED DRIVING PERMITS; PROGRAMS FOR ADULT OFFENDERS; GEORGIA CHILD FATALITY REVIEW PANEL; DEFINITIONS; DISCLOSURE.

No. 476 (Senate Bill No. 365).

AN ACT

To amend Article 6 of Chapter 11 of Title 15, Article 3A of Chapter 5 of Title 40, Chapter 2 of Title 42, and Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to delinquency proceedings in juvenile court, suspension of driver's license for certain drug offenses, the Board and Department of Corrections, and general tort provisions, respectively, so as to enact offender reentry reforms as recommended by the Georgia Council on Criminal Justice Reform; to change provisions relating to findings in a disposition hearing; to change provisions relating to calculating time when a child is delinquent and dependent; to change provisions relating to periodic review hearings for children in foster care; to provide for permanency planning for children by the Department of Juvenile Justice; to provide for court hearings regarding the Department of Juvenile Justice's permanency planning for children; to provide for restoration or suspension of a defendant's driver's license or issuance of a limited driving permit under certain circumstances; to provide for a Program and Treatment Completion Certificate that may be issued by the Board of Corrections under certain circumstances; to change provisions relating to educational programs for adult offenders; to provide a rebuttable presumption of due care under certain circumstances when a Program and Treatment Completion Certificate has been issued by the Department of Corrections; to retain sovereign immunity of the state; to amend Article 11 of Chapter 11 of Title 15, Chapter 15 of Title 19, and Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the "Georgia Child Advocate for the Protection of Children Act," child abuse, and general provisions for the Georgia Bureau of Investigation, respectively, so as to move the responsibility of coordinating and supervising the work of the Georgia Child Fatality Review Panel from the Child Advocate for the Protection of Children to the director of the Georgia Bureau of Investigation or his or her designee; to provide for a short title; to provide for the director of the Georgia Bureau of Investigation to assist local child fatality review committees; to clarify definitions; to provide for legislative findings; to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies

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permitted access to child abuse and dependency records, so as to clarify defined terms and change provisions relating to disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Article 6 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquency proceedings in juvenile court, is amended by revising subsection (a) of Code Section 15-11-600, relating to findings in a disposition hearing, as follows:
"(a)(1) After a finding that a child has committed a delinquent act, the court shall hear evidence and determine whether:
(A) Such child is in need of treatment, rehabilitation, or supervision; (B) Such child's continuation in his or her home is contrary to such child's welfare; and (C) Reasonable efforts have been made to prevent or eliminate the need to remove such child from his or her home. (2) After hearing the evidence described in paragraph (1) of this subsection, the court shall make and file its findings based upon such determinations."

SECTION 1-2. Said article is further amended by revising Code Section 15-11-620, relating to calculating time when a child is delinquent and dependent, as follows:
"15-11-620. (a) When a child is alleged to have committed a delinquent act and be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier. (b) When a child is alleged to have committed a delinquent act and is placed directly in a nonsecure residential facility, the date such child is considered to have entered foster care shall be 60 days after the date on which such child is removed from his or her home. (c) If a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in foster care within 60 days of such child's removal from the home, then the date of entry into foster care shall be 60 days after the date of removal. (d) When a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in a nonsecure residential facility within 60 days of such child's removal from the home, the

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date such child is considered to have entered foster care shall be 60 days from the date on which such child is removed from his or her home. (e) If a child is detained in a facility operated primarily for the detention of delinquent children pending placement in foster care and remains detained for more than 60 days, then the date of entry into foster care shall be the date such child is placed in foster care. (f) When a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children and remains detained for more than 60 days and such child is subsequently placed in a nonsecure residential facility, the date such child is considered to have entered foster care shall be the date such child was placed in a nonsecure residential facility."

SECTION 1-3. Said article is further amended by revising Code Section 15-11-621, relating to periodic review hearings for children in foster care, as follows:
"15-11-621. (a) The periodic review hearing requirements under Code Sections 15-11-216, 15-11-217, and 15-11-218 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care. (b) When a child is committed to DJJ and for whom a determination has been made that the child's continuation in his or her home is contrary to the child's welfare and he or she is placed in a nonsecure residential facility, such child shall receive a periodic review before an administrative review panel within DJJ within six months following the date the child entered the nonsecure residential facility and every six months thereafter while the child remains in such facility. The administrative review panel within DJJ shall transmit its report, including its findings and recommendations, to the court within five days after conducting its review."

SECTION 1-4. Said article is further amended by adding a new Code section to read as follows:
"15-11-623. (a) As used in this Code section, the term 'permanency plan' means a specific written plan prepared by DJJ designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute long-term home when return to such child's family is not possible or is not in such child's best interests.
(b)(1) The court shall hold a hearing to review the permanency plan for each child committed to DJJ when a determination has been made that the child's continuation in his or her home is contrary to the child's welfare, and the child is placed in a nonsecure residential facility. (2) Such hearing shall be held no later than 12 months from the date a child is considered to have entered foster care and every 12 months thereafter to make determinations

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including whether the permanency plan for such child is appropriate and whether reasonable efforts to finalize the permanency plan have been made by DJJ. (3) A child's parent, guardian, legal custodian, attorney, any relatives providing care for such child, and other interested parties shall be given written notice of such hearing at least five days in advance of such hearing and shall be advised that the permanency plan will be submitted to the court for consideration as the order of the court. (4) At least five days prior to such hearing, DJJ shall submit for the court's consideration a report recommending a permanency plan for a child committed to a nonsecure residential facility. Such report shall include documentation of the steps taken by DJJ to finalize the permanent placement for such child. (5) Subsequent to such hearing, the court shall make written findings of fact that shall include whether DJJ has made reasonable efforts to finalize the permanency plan in effect at the time of the hearing."

SECTION 1-5. Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of driver's license for certain drug offenses, is amended by revising Code Section 40-5-76, relating to restoration or suspension of a defendant's driver's license or issuance of a limited driving permit, as follows:
"40-5-76. (a) A judge presiding in a drug court division or mental health court division may order the department to restore a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, or issue a defendant a limited driving permit in accordance with the provisions set forth in subsections (c) and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services. (b) A judge presiding in any court, other than the court divisions specified in subsection (a) of this Code section, may order the department to restore a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75 or issue a defendant a limited driving permit in accordance with the provisions set forth in subsections (c) and (d) of Code Section 40-5-64 if the offense for which the defendant was convicted did not directly relate to the operation of a motor vehicle. The court shall determine what fees, if any, shall be paid to the department for the restoration of such driver's license or issuance of such limited driving permit, provided that such fee shall not be greater than the fee normally imposed for such services. Such judge may also order the department to suspend a defendant's driver's license that could have been suspended pursuant to Code Section 40-5-75 as a consequence of the defendant's violation of the terms of his or her probation."

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SECTION 1-6. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by revising Code Section 42-2-5.1, relating to special school districts for school age youth and educational programs for adult offenders, and by adding a new Code section to read as follows:
"42-2-5.1. (a) In order to provide education for any school age youths incarcerated within any facility of the department, the department shall be considered a special school district which shall be given the same funding consideration for federal funds that school districts within the state are given. The special school district under the department shall have the powers, privileges, and authority exercised or capable of exercise by any other school district. The schools within the special school district shall be under the control of the commissioner, who shall serve as the superintendent of schools for such district. The board shall serve as the board of education for such district. The board, acting alone or in cooperation with the State Board of Education, shall establish education standards for the district. As far as is practicable, such standards shall adhere to the standards adopted by the State Board of Education for the education of school age youth, while taking into account:
(1) The overriding security needs of correctional institutions and other restrictions inherent to the nature of correctional facilities; (2) The effect of limited funding on the capability of the department to meet certain school standards; and (3) Existing juvenile education standards of the Correctional Education Association and the American Correctional Association, which shall be given primary consideration where any conflicts arise. (b) The effect of subsection (a) of this Code section shall not be to provide state funds to the special school district under the department through Part 4 of Article 6 of Chapter 2 of Title 20.

42-2-5.2. (a) The board, acting alone or in cooperation with the State Board of the Technical College System of Georgia or other relevant education agencies, shall provide overall direction of educational programs for adult offenders in the correctional system and shall exercise program approval authority. The board may enter into written agreements with other educational organizations and agencies in order to provide adult offenders with such education and employment skills most likely to encourage gainful employment and discourage return to criminal activity upon release. The board may also enter into agreements with other educational organizations and agencies to attain program certification for its vocational and technical education programs. (b) The board shall develop and implement programs to assist adult offenders with reentry into society upon release from prison. In addition to educational and vocational programs, reentry programs may include social and behavioral programs, substance abuse counseling,

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mentoring programs, financial planning, physical and mental health programs, and housing and federal assistance programs. (c) The board shall create a Program and Treatment Completion Certificate that may be issued to offenders under the rules and regulations of the board. Such certificate shall symbolize an offender's achievements toward successful reentry into society. The board's rules and regulations relating to the issuance of such certificate shall take into account an offender's disciplinary record and any other factor the board deems relevant to an individual's qualification for such certificate. The board's rules and regulations shall specify eligibility considerations and requirements for completion of such certificate. An offender who was convicted of a serious violent felony, as such term is defined in Code Section 17-10-6.1, shall not be eligible for such certificate. (d) Nothing in this Code section shall be construed to constitute a waiver of the sovereign immunity of the state, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any Program and Treatment Completion Certificate."

SECTION 1-7. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, is amended by adding a new Code section to read as follows:
"51-1-54. (a) As used in this Code section, the term 'Program and Treatment Completion Certificate' means the certificate issued pursuant to Code Section 42-2-5.2. (b) Issuance of a Program and Treatment Completion Certificate by the Department of Corrections or the granting of a pardon from the State Board of Pardons and Paroles as provided in the Constitution and Code Section 42-9-42 shall create a presumption of due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise engaging in activity with the individual to whom the Program and Treatment Completion Certificate was issued or the pardon was granted. Such presumption may be rebutted by relevant evidence which extends beyond the scope of the Program and Treatment Completion Certificate or pardon and which was known or should have been known by the person against whom negligence is asserted. (c) Nothing in this Code section shall be construed to constitute a waiver of the sovereign immunity of the state, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any Program and Treatment Completion Certificate or issuance of or failure to grant a pardon."

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PART II SECTION 2-1.

This part shall be known and may be cited as the "Journey Ann Cowart Act."

SECTION 2-2. Article 11 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the "Georgia Child Advocate for the Protection of Children Act," is amended by revising Code Section 15-11-743, relating to the duties of the Child Advocate for the Protection of Children, as follows:
"15-11-743. The advocate shall perform the following duties:
(1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children; (2) Refer complaints involving abused children to appropriate regulatory and law enforcement agencies; (3) Report the death of any child to the chairperson of the review committee, as such term is defined in Code Section 19-15-1, for the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and to provide such committee access to any records of the advocate relating to such child; (4) Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy; (5) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article, including without limitation providing DFCS with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by DFCS, in DFCS offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting such office; and (6) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia."

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SECTION 2-3.
Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is
amended by revising paragraphs (5), (7), (8), and (10) of Code Section 19-15-1, relating to
definitions, as follows: "(5) Reserved." "(7) 'Panel' means the Georgia Child Fatality Review Panel established pursuant to Code Section 19-15-4.
(8) 'Protocol committee' means a multidisciplinary, multiagency committee established for a county pursuant to Code Section 19-15-2." "(10) 'Review committee' means a multidisciplinary, multiagency child fatality review committee established for a county or circuit pursuant to Code Section 19-15-3."

SECTION 2-4. Said chapter is further amended by revising Code Section 19-15-2, relating to child abuse protocol committees, as follows:
"19-15-2. (a) Each county shall be required to establish a protocol for the investigation and prosecution of alleged cases of child abuse as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting, and the chief superior court judge shall appoint persons to fill any vacancies on the protocol committee. Thus established, the protocol committee shall thereafter elect a chairperson from its membership. The protocol committee shall be charged with developing local protocols for the investigation and prosecution of alleged cases of child abuse.
(c)(1) Each of the following individuals, agencies, and entities shall designate a representative to serve on the protocol committee:
(A) The sheriff; (B) The county department of family and children services; (C) The district attorney for the judicial circuit; (D) The juvenile court judge; (E) The chief magistrate; (F) The county board of education; (G) The county mental health organization; (H) The chief of police of a county in counties which have a county police department; (I) The chief of police of the largest municipality in the county; (J) The county public health department, which shall designate a physician to serve on the protocol committee; and (K) The coroner or county medical examiner. (2) In addition to the representatives serving on the protocol committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a

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representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention. (3) If any designated agency fails to carry out its duties relating to participation on the protocol committee, the chief superior court judge of the circuit may issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) Each protocol committee shall elect or appoint a chairperson who shall be responsible for ensuring that written protocol procedures are followed by all agencies. Such person can be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. The protocol committee may appoint such additional members as necessary and proper to accomplish the purposes of the protocol committee. (e) The protocol committee shall adopt a written protocol which shall be filed with the Division of Family and Children Services of the Department of Human Services and the panel, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. The protocol shall also outline procedures to be used when child abuse occurs in a household where there is violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. The protocol adopted shall not be inconsistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Services. (f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child, including counseling. (g) Upon completion of the writing of the protocol, the protocol committee shall continue in existence and shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating the same. (h) Each protocol committee shall adopt or amend its written protocol to specify the circumstances under which law enforcement officers shall and shall not be required to accompany investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany investigators, the protocol committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each protocol committee shall establish joint work efforts between the law enforcement and investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken

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within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol shall be further amended to specify procedures to be adopted by the protocol committee to ensure that written protocol procedures are followed. (i) The protocol committee shall issue a report no later than the first day of July each year. Such report shall evaluate the extent to which investigations of child abuse during the 12 months prior to the report have complied with the protocols of the protocol committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be transmitted to the county governing authority, the fall term grand jury of the judicial circuit, the panel, and the chief superior court judge. (j) Each member of each protocol committee shall receive appropriate training within 12 months after his or her appointment. The Office of the Child Advocate for the Protection of Children shall provide such training. (k) The protocol committee shall adopt a written sexual abuse and sexual exploitation protocol which shall be filed with the Division of Family and Children Services of the Department of Human Services and the Office of the Child Advocate for the Protection of Children, a copy of which shall be furnished to each agency in the county handling the cases of sexually abused or exploited children. The sexual abuse and sexual exploitation protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged sexual abuse and sexual exploitation and the procedures to be followed concerning the obtainment of and payment for sexual assault examinations. Each protocol committee shall adopt or amend its written sexual abuse and sexual exploitation protocol. The sexual abuse and sexual exploitation protocol adopted shall be consistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Services. A sexual abuse and sexual exploitation protocol is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Such protocol shall not limit or otherwise restrict a prosecuting attorney in the exercise of his or her discretion nor in the exercise of any otherwise lawful litigative prerogatives."

SECTION 2-5. Said chapter is further amended by revising subsections (a), (d), (e), (g) through (k), and (o) and paragraph (8) of subsection (1) of Code Section 19-15-3, relating to county multiagency child fatality review committees, as follows:
"(a)(1) Each county shall establish a local review committee as provided in this Code section. The review committee shall be charged with reviewing all deaths as set forth in subsection (e) of this Code section to determine manner and cause of death and if the death was preventable. The chief superior court judge of the circuit in which the county

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is located shall establish a review committee composed of, but not limited to, the following members:
(A) The county medical examiner or coroner; (B) The district attorney or his or her designee; (C) A county department of family and children services representative; (D) A local law enforcement representative; (E) The sheriff or county police chief or his or her designee; (F) A juvenile court representative; (G) A county public health department representative; and (H) A county mental health representative. (2) The district attorney or his or her designee shall serve as the chairperson to preside over all meetings." "(d) If any designated agency fails to carry out its duties relating to participation on the review committee, the chief superior court judge of the circuit or any superior court judge who is a member of the panel shall issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court. (e) Deaths eligible for review by review committees are all deaths of children ages birth through 17 as a result of: (1) Sudden Infant Death Syndrome; (2) Any unexpected or unexplained conditions; (3) Unintentional injuries; (4) Intentional injuries; (5) Sudden death when the child is in apparent good health; (6) Any manner that is suspicious or unusual; (7) Medical conditions when unattended by a physician. For the purpose of this paragraph, no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31; (8) Serving as an inmate of a state hospital or a state, county, or city penal institution; or (9) Child abuse." "(g) If the death of a child occurs outside the child's county of residence, it shall be the duty of the medical examiner or coroner in the county where the child died to notify the medical examiner or coroner in the county of the child's residence. It shall be the duty of such medical examiner or coroner to provide the protocol committee of the county of such child's residence with copies of all information and reports required by subsections (i) and (j) of this Code section. (h) When a county medical examiner or coroner receives a report regarding the death of any child, he or she shall within 48 hours of the death notify the chairperson of the review committee for the county or circuit in which such child resided at the time of death.

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(i) The coroner or county medical examiner shall review the findings regarding the cause and manner of death for each child death report received and respond as follows:
(1) If the death does not meet the criteria for review pursuant to subsection (e) of this Code section, the coroner or county medical examiner shall sign the form designated by the panel stating that the death does not meet the criteria for review. He or she shall forward the form and findings, within seven days of the child's death, to the chairperson of the review committee for the county or circuit of the child's residence; or (2) If the death meets the criteria for review pursuant to subsection (e) of this Code section, the coroner or county medical examiner shall complete and sign the form designated by the panel stating the death meets the criteria for review. He or she shall forward the form and findings, within seven days of the child's death, to the chairperson of the review committee for the county or circuit of the child's residence. (j) When the chairperson of a review committee receives a report from the coroner or medical examiner regarding the death of a child, such chairperson shall review the report and findings regarding the cause and manner of the child's death and respond as follows: (1) If the report indicates the child's death does not meet the criteria for review and the chairperson agrees with this decision, the chairperson shall sign the form designated by the panel stating that the death does not meet the criteria for review. He or she shall forward the form and findings to the panel within seven days of receipt; (2) If the report indicates the child's death does not meet the criteria for review and the chairperson disagrees with this decision, the chairperson shall follow the procedures for deaths to be reviewed pursuant to subsection (k) of this Code section; (3) If the report indicates the child's death meets the criteria for review and the chairperson disagrees with this decision, the chairperson shall sign the form designated by the panel stating that the death does not meet the criteria for review. The chairperson shall also attach an explanation for this decision; or (4) If the report indicates the child's death meets the criteria for review and the chairperson agrees with this decision, the chairperson shall follow the procedures for deaths to be reviewed pursuant to subsection (k) of this Code section. (k) When a child's death meets the criteria for review, the chairperson shall convene the review committee within 30 days after receipt of the report for a meeting to review and investigate the cause and circumstances of the death. Review committee members shall provide information as specified in this subsection, except where otherwise protected by law: (1) The providers of medical care and the medical examiner or coroner shall provide pertinent health and medical information regarding a child whose death is being reviewed by the review committee; (2) State, county, or local government agencies shall provide all of the following data on forms designated by the panel for reporting child fatalities:
(A) Birth information for children who died at less than one year of age, including confidential information collected for medical and health use;

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(B) Death information for children who have not reached their eighteenth birthday; (C) Law enforcement investigative data, medical examiner or coroner investigative data, and parole and probation information and records; (D) Medical care, including dental, mental, and prenatal health care; and (E) Pertinent information from any social services agency that provided services to the child or family; and (3) The review committee may obtain from any superior court judge of the county or circuit for which the review committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the review committee's review. Service of, objection to, and enforcement of subpoenas authorized by this Code section shall be governed by the procedures set forth in Chapter 13 of Title 24. However, this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. (4) Disclosure of protected health information pursuant to this subsection shall be considered to be for a law enforcement purpose, and the review committee shall be considered to be a law enforcement official within the meaning of the rules and regulations adopted pursuant to the federal Health Insurance Portability and Accountability Act of 1996. Disclosure of confidential or privileged matter to the review committee pursuant to this Code section shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made." "(8) Include other findings as requested by the panel." "(o) Each review committee shall issue an annual report no later than the first day of July each year. The report shall: (1) Specify the numbers of reports received by such review committee from a county medical examiner or coroner pursuant to subsection (h) of this Code section for the preceding calendar year; (2) Specify the number of reports of child fatality reviews prepared by the review committee during such period; (3) Be published at least once annually in the legal organ of the county or counties for which the review committee was established with the expense of such publication paid each by such county; and (4) Be transmitted, no later than the fifteenth day of July each year, to the panel."

SECTION 2-6. Said chapter is further amended by revising subsections (a), (b), (c), and the introductory language of subsection (i) of Code Section 19-15-4, relating to the Georgia Child Fatality Review Panel, as follows:

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"(a) There is created the Georgia Child Fatality Review Panel. The panel shall oversee the local child fatality review process and report to the Governor on the incidence of child deaths with recommendations for prevention. (b) The director of the Georgia Bureau of Investigation or his or her designee shall coordinate the work of the panel and shall provide such administrative and staff support to the panel as may be necessary to enable the panel to discharge its duties under this chapter. The panel shall be attached to the Division of Forensic Sciences of the Georgia Bureau of Investigation for administrative purposes, and its planning, policy, and budget functions shall be coordinated with those of the Division of Forensic Sciences of the Georgia Bureau of Investigation. (c) The panel shall be composed as follows:
(1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who are not employed by or officers of the state or any political subdivision thereof shall be appointed by the Governor, one of whom shall come from each of the following:
(A) A state-wide child abuse prevention organization; and (B) A state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Services; (6) The director of the Division of Family and Children Services of the Department of Human Services; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; (14) The Child Advocate for the Protection of Children; (15) The commissioner of public health; (16) The commissioner of behavioral health and developmental disabilities; (17) A member of the State Board of Education appointed by the Governor; and (18) The commissioner of early care and learning." "(i) By January 1 of each calendar year, the panel shall submit a report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the Senate Judiciary Committee, and the chairperson of the House Committee on Judiciary regarding the prevalence and circumstances of child fatalities in this state; shall recommend measures to reduce such fatalities caused by other than natural causes; and shall address in the report the following issues:"

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SECTION 2-7. Said chapter is further amended by revising subsections (b), (g), and (i) of Code Section 19-15-6, relating to use of information and records of protocol committees, review committees, and panels, as follows:
"(b) Notwithstanding any other provision of law to the contrary, reports of a review committee made pursuant to Code Section 19-15-3 and reports of the panel made pursuant to Code Section 19-15-4 shall be public records and shall be released to any person making a request therefor, but the protocol committee, review committee, or panel having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased or abused child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse." "(g) A member of a protocol committee, a review committee, or the panel shall not be civilly liable or subject to criminal prosecution for any disclosure of information made by such member as authorized by this Code section." "(i) Notwithstanding any other provisions of law, information acquired by and documents, records, and reports of the panel and protocol committees and review committees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."

SECTION 2-8. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for the Georgia Bureau of Investigation, is amended by revising Code Section 35-3-5, relating to the powers and duties of the director of the Georgia Bureau of Investigation, as follows:
"35-3-5. (a) There is created the position of director. (b) The director shall be the chief administrative officer and shall be both appointed and removed by the Board of Public Safety with the approval of the Governor. (c) The director shall coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 or shall designate a person from within the bureau to serve as the coordinator and supervisor and shall provide such staffing and administrative support to the Georgia Child Fatality Review Panel as may be necessary to enable it to carry out its statutory duties. (d) The director shall report the death of any child to the chairperson of the review committee, as such term is defined in Code Section 19-15-1, for the county in which such child resided at the time of death, unless the director or his or her designee has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and shall provide such review committee access to any records of the bureau relating to such child.

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(e) Except as otherwise provided by this chapter, and subject to the general policy established by the board, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the bureau by this chapter."

SECTION 2-9. It is the intent of the General Assembly to provide for transparency relative to investigations involving child abuse and child fatalities in order to best protect the children of this state The General Assembly finds that more disclosure of information may be necessary when a child is deceased. The General Assembly intends that agencies and departments of this state share data in order to conduct research for the purpose of preventing child fatalities in this state.

SECTION 2-10. Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to child abuse and dependency records, is amended by revising paragraphs (6), (7.1), and (8) of subsection (a), paragraph (5) of subsection (c), and subsection (e) as follows:
"(6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding the findings or information about the case of child abuse or neglect involving a fatality or near fatality; provided, however, that the following may be redacted from such records:
(A) Any record of law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records; (B) Medical and mental health records made confidential by other provisions of law; (C) Privileged communications of an attorney; (D) The identifying information of a person who reported suspected child abuse; (E) Information that may cause mental or physical harm to the sibling or other child living in the household of the child being investigated; (F) The name of a child who is the subject of reported child abuse or neglect; (G) The name of any parent or other person legally responsible for the child who is the subject of reported child abuse or neglect, provided that such person is not under investigation for the reported child abuse or neglect; and (H) The name of any member of the household of the child who is the subject of reported child abuse or neglect, provided that such person is not under investigation for the reported child abuse or neglect." "(7.1) A child advocacy center which is certified by the protocol committee, as such term is defined in Code Section 19-15-1, for the county where the principal office of the center is located as participating in the Children's Advocacy Centers of Georgia or a similar accreditation organization and which is operated for the purpose of investigation of known or suspected child abuse and treatment of a child or a family which is the subject of a report of abuse, and which has been created and supported through one or more

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intracommunity compacts between such advocacy center and one or more police agencies, the office of the district attorney, a legally mandated public or private child protective agency, a mental health board, and a community health service board; provided, however, that any child advocacy center which is granted access to records concerning reports of child abuse shall be subject to the confidentiality provisions of subsection (b) of Code Section 49-5-40 and shall be subject to the penalties imposed by Code Section 49-5-44 for authorizing or permitting unauthorized access to or use of such records; (8) Police or any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected abuse or any review committee or protocol committee created pursuant to Chapter 15 of Title 19, it being found by the General Assembly that the disclosure of such information is necessary in order for such entities to carry out their legal responsibilities to protect children from abuse and neglect, which protective actions include bringing criminal actions for such abuse or neglect, and that such disclosure is therefore permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4); and" "(5) An agency, facility, or person having responsibility or authorization to assist in making a judicial determination for the child who is the subject of the report or record of child abuse, including but not limited to members of officially recognized citizen review panels, court appointed guardians ad litem, certified Court Appointed Special Advocate (CASA) volunteers who are appointed by a judge of a juvenile court to act as advocates for the best interest of a child in a juvenile proceeding, and members of a protocol committee, as such term is defined in Code Section 19-15-1;" "(e)(1) Except as provided in paragraph (2) of this subsection and notwithstanding any other provisions of law, child abuse and dependency records shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50 if the records are applicable to a child who at the time of his or her fatality or near fatality was:
(A) In the custody of a state department or agency or in the care of a foster parent; (B) A child as defined in paragraph (3) of Code Section 15-11-741; or (C) The subject of an investigation, report, referral, or complaint under Code Section 15-11-743. (2) The following may be redacted from such records: (A) Medical and mental health records made confidential by other provisions of law; (B) Privileged communications of an attorney; (C) The identifying information of a person who reported suspected child abuse; (D) The name of a child who suffered a near fatality; (E) The name of any sibling of the child who suffered the fatality or near fatality; and (F) Any record of law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records.

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(3) Upon the release of documents pursuant to this subsection, the department may comment publicly on the case."

PART III SECTION 3-1.

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

Approved April 13, 2014.

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REVENUE AND TAXATION STATE INCOME TAX; CREDITS FOR ENTERTAINMENT PRODUCTION COMPANIES; EXEMPTION FOR QUALIFIED FOOD BANKS; EXEMPTION FOR CERTAIN ITEMS ON CERTAIN DATES; EXEMPTION FOR ENERGY OR WATER EFFICIENT PRODUCTS; EXEMPTION FOR COMPETITIVE PROJECTS OF REGIONAL SIGNIFICANCE.

No. 477 (House Bill No. 958).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to the state income tax credit for qualified entertainment production companies; to provide for a new exemption from state sales and use taxes to qualified food banks; to provide for a new exemption from state sales and use taxes for covered items on specified dates; to provide a new exemption for purchase of energy efficient products or water efficient products to extend the exemption from state sales and use taxes for competitive projects of regional significance; 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 revising paragraph (7) of subsection (b) and subsection (e) of Code Section 48-7-40.26, relating to the income tax credit for film, video, or digital production, as follows:

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"(7) 'Qualified interactive entertainment production company' means a company that: (A) Maintains a business location physically located in Georgia; (B) In the calendar year directly preceding the start of the taxable year of the qualified interactive entertainment production company, had a total aggregate payroll of $500,000.00 or more for employees working within the state; (C) Has gross income less than $100 million for the taxable year; and (D) Is primarily engaged in qualified production activities related to interactive entertainment which have 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." "(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 exceed $25 million for taxable years beginning on or after January 1, 2013, and before January 1, 2014. The maximum credit for any qualified interactive entertainment production company and its affiliates shall be $5 million for such taxable year. When the $25 million cap is reached, the tax credit for qualified interactive entertainment production companies shall expire for such taxable years. (2) For taxable years beginning on or after January 1, 2014, and before January 1, 2015, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million. (3) For taxable years beginning on or after January 1, 2015, and before January 1, 2016, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million. (4) The tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not be available for taxable years beginning on or after January 1, 2016. (5) The maximum allowable credit claimed for any qualified interactive entertainment production company and its affiliates shall not exceed $1.5 million in any single year. (6) 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. (7) No qualified interactive entertainment production company shall be allowed to claim an amount of tax credits under this Code section for any single year in excess of its total aggregate payroll expended to employees working within this state for the calendar year directly preceding the start of the year the qualified interactive entertainment production company claims the tax credits. Any amount in excess of such limit shall not be eligible for carry forward to the succeeding years' tax liability, nor shall such excess amount be eligible for use against the qualified interactive entertainment production company's

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quarterly or monthly payment under Code Section 48-7-103, nor shall such excess amount be assigned, sold, or transferred to any other taxpayer. (8) Before the Department of Economic Development issues its approval to the qualified interactive entertainment production company for the qualified production activities related to interactive entertainment, the qualified interactive entertainment production company must certify to the department that:
(A) The qualified interactive entertainment production company maintains a business location physically located in this state; and (B) The qualified interactive entertainment production company had expended a total aggregate payroll of $500,000.00 or more for employees working within this state during the calendar year directly preceding the start of the taxable year of the qualified interactive entertainment production company. The department shall issue a certification that the qualified interactive entertainment production company meets the requirements of this paragraph; provided, however, that the department shall not issue any certifications before July 1, 2014. The qualified interactive entertainment production company shall provide such certification to the Department of Economic Development. The Department of Economic Development shall not issue its approval until it receives such certification."

SECTION 2. Said title is further amended by revising subparagraph (A) of paragraph (57.1), paragraph (75), paragraph (82), and subparagraphs (A) and (B) of paragraph (93) of Code Section 48-8-3, relating to state sales and use tax exemptions, as follows:
"(57.1)(A) From July 1, 2014, until June 30, 2016, sales of food and food ingredients to a qualified food bank." "(75)(A) The sale of eligible property. The exemption provided by this paragraph applies only to sales occurring during periods:
(i) Commencing at 12:01 A.M. on August 1, 2014, and concluding at 12:00 Midnight on August 2, 2014; and (ii) Commencing at 12:01 A.M. on July 31, 2015, and concluding at 12:00 Midnight on August 1, 2015. (B) As used in this paragraph, the term: (i) 'Clothing' means all human wearing apparel suitable for general use and includes footwear. The term 'clothing' excludes belt buckles sold separately; costume masks sold separately; patches and emblems sold separately; sewing equipment and supplies, including but not limited to knitting needles, patterns, pins, scissors, sewing machines, sewing needles, tape measures, and thimbles; sewing materials that become part of clothing, including but not limited to buttons, fabric, lace, thread, yarn, and zippers; and clothing accessories or equipment. (ii) 'Clothing accessories or equipment' means incidental items worn on the person or in conjunction with clothing.

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(iii) 'Computer' means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. The term 'computer' excludes cellular phones. (iv) 'Computer software' means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (v) 'Eligible property' means:
(I) Articles of clothing with a sales price of $100.00 or less per item; (II) Computers, computer components, and prewritten computer software purchased for noncommercial home or personal use with a sales price of $1,000.00 or less per item; and (III) School supplies, school art supplies, school computer supplies, and school instructional materials purchased for noncommercial use with a sales price of $20.00 or less per item. (vi) 'Prewritten computer software' means computer software, including prewritten upgrades, which is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the specific purchaser. Where a person modifies or enhances computer software of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer software; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for such modification or enhancement, such modification or enhancement shall not constitute prewritten computer software. (vii) 'School art supply' means an item commonly used by a student in a course of study for artwork. (viii) 'School computer supply' means an item commonly used by a student in a course of study in which a computer is used. (ix) 'School instructional material' means written material commonly used by a student in a course of study as a reference and to learn the subject being taught. (x) 'School supply' means an item commonly used by a student in a course of study. (C) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph;"

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"(82)(A) Purchase of Energy Star Qualified Products or WaterSense Products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales :
(i) Commencing at 12:01 A.M. on October 3, 2014, and concluding at 12:00 Midnight on October 5, 2014; and (ii) Commencing at 12:01 A.M. on October 2, 2015, and concluding at 12:00 Midnight on October 4, 2015. (B) As used in this paragraph, the term: (i) 'Energy Star Qualified Product' means any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window that meets the energy efficient guidelines set by the United States Environmental Protection Agency and the United States Department of Energy and is authorized to carry the Energy Star label. (ii) 'WaterSense Product' means a product authorized to bear the United States Environmental Protection Agency WaterSense label. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of Energy Star Qualified Products or WaterSense Products purchased for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph;" "(93)(A) For the period commencing January 1, 2012, until June 30, 2016, sales of tangible personal property used for and in the construction of a competitive project of regional significance. (B) The exemption provided in subparagraph (A) of this paragraph shall apply to purchases made during the entire time of construction of the competitive project of regional significance so long as such project meets the definition of a 'competitive project of regional significance' within the period commencing January 1, 2012, until June 30, 2016."

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 taxable years beginning on or after January 1, 2014.

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

Approved April 14, 2014.

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REVENUE AND TAXATION SETOFF DEBT COLLECTION AGAINST STATE INCOME TAX REFUNDS FOR DEBTS OWED TO COURTS; REVISE SETOFF DEBT COLLECTION POLICIES AND PROCEDURES.

No. 478 (House Bill No. 1000).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for setoff debt collection against state income tax refunds for debts owed to courts; to provide for a revision of setoff debt collection policies and systems relating to state income tax refunds; to provide for definitions, procedures, conditions, and limitations; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Article 7 of Chapter 7, relating to setoff debt collection, as follows:

"ARTICLE 7

48-7-160. The purpose of this article is to establish a policy and to provide a system whereby all claimant agencies and courts of this state in conjunction with the department shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or courts and who qualify for refunds from the department. It is also the purpose of this article to establish procedures for setting off against any such refund the sum of any debt owed to the claimant agencies or courts. It is the intent of the General Assembly that this article be liberally construed to effectuate these purposes.

48-7-161. As used in this article, the term: (.1) 'Administrative Office of the Courts' means entity created pursuant to Code Section 15-5-22.

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(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Services and the Department of Behavioral Health and Developmental Disabilities with respect to collection of debts under Article 1 of Chapter 11 of Title 19, Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The Georgia Board for Physician Workforce with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult.
(2) 'Court' means all trial courts in this state, including but not limited to the superior, state, juvenile, magistrate, probate, and municipal courts, whether called mayor's courts, recorder's courts, police courts, civil courts, or traffic courts, and miscellaneous and special courts. (3) 'Debt' means:
(A) Any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, any sum which is due and owing any person and is enforceable by the Department of Human Services pursuant to subsection (b) of Code Section 19-11-8, or any sum of restitution or reparation due pursuant to a sentence imposed on a person convicted of a crime and sentenced to restitution or reparation and probation; or (B) Any liquidated sum that constitutes any and all court costs, surcharges, and fines for which there is an outstanding court judgment. (4) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency or court, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy.

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(5) 'Refund' means the Georgia income tax refund which the department determines to be due any individual taxpayer.

48-7-162. The collection remedy authorized by this article is in addition to and not in substitution for any other remedy available by law.

48-7-162.1. (a) Submission of debts through the Administrative Office of the Courts shall be the sole manner through which debts owed to courts may be submitted to the department for collection under this article. The Administrative Office of the Courts shall be authorized to enter into written contracts for the performance of administrative functions and duties under this article by one or more administrative entities consisting of nonprofit Georgia corporations, except for a public utility, in existence on or before January 1, 2012, whose income is exempt from federal income taxation pursuant to Section 115 of the Internet Revenue Code of 1986, or third party vendors approved by the department. (b) Any claim submitted by a court through the Administrative Office of the Courts shall be subordinate to all claims submitted by claimant agencies.

48-7-163. (a) A claimant agency or the Administrative Office of the Courts may submit any debt or debts when each such debt is in excess of $25.00 to the department for collection through setoff under the procedures established by this article, except in cases where the validity of the debt is legitimately in dispute, an alternate means of collection is pending and believed to be adequate, or such collection would result in a loss of federal funds or federal assistance. (b) Upon request of a claimant agency or the Administrative Office of the Courts, the department shall set off any refund against the debt certified by the claimant agency or the Administrative Office of the Courts as provided in this article. (c) An administrative collection assistance fee shall be imposed on each such debt submitted by the Administrative Office of the Courts to the department to recover the costs incurred by the Administrative Office of the Courts and the department in collecting debts under this article. The fee shall be in addition to the debt to be set off and shall be fixed such that the proceeds of the fee shall not exceed the total direct and indirect costs to the Administrative Office of the Courts and the department for administering such debt setoff collection. In no event shall the amount of such fee exceed $20.00 per debt. The Administrative Office of the Courts shall reimburse the department from the proceeds of such fee based upon the actual costs incurred by the department. Such proceeds shall be retained and expended pursuant to Code Section 45-12-92.1.

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48-7-164. (a)(1) Within a time frame specified by the department, a claimant agency seeking to collect a debt through setoff shall supply the information necessary to identify each debtor whose refund is sought to be set off, including but not limited to such debtor's social security number, and shall certify the amount of the debt or debts owed by each debtor. (2) The Administrative Office of the Courts shall supply the information necessary to identify each debtor whose refund is sought to be set off, including but not limited to such debtor's social security number, and shall certify the amount of the debt or debts owed by each debtor. (3) The department may rely upon the certification by a claimant agency or the Administrative Office of the Courts that the debt is valid and owed by the debtor and that such debt may be validly collected by the department under this article. No employee or agent of the department shall be liable to any person for collecting any such debt that was not valid and owed by the debtor. (b)(1) If a debtor identified by a claimant agency or the Administrative Office of the Courts is determined by the department to be entitled to a refund of at least $25.00, the department shall transfer an amount equal to the refund owed, not to exceed the amount of the claimed debt certified, to the claimant agency or the Administrative Office of the Courts. When the refund owed exceeds the claimed debt and administrative collection assistance fee, the department shall send the excess amount to the debtor within a reasonable time after the excess is determined. (2) When the amount of the setoff available for claims is insufficient for the combined total of the claims filed by courts, distribution of the available setoff funds shall be made in the order of the date each court claim is received by the Administrative Office of the Courts. Such claim shall remain active until sufficient additional setoff funds become available to set off the remainder of the debt or until the claims themselves expire by law. (3) If the department is able to collect only part of a debt through setoff under this article, the administrative collection assistance fees shall have priority over the remainder of the debt.
(c) At the time of the transfer of funds to a claimant agency or the Administrative Office of the Courts pursuant to this Code section, the department shall notify the taxpayer or taxpayers whose refund is sought to be set off and the claimant agency or the Administrative Office of the Courts that the transfer has been made. The notice shall clearly set forth the name of the debtor, the manner in which the debt arose, the amount of the claimed debt, the transfer of funds to the claimant agency or the Administrative Office of the Courts pursuant to this Code section and the intention to set off the refund against the debt, the amount of the refund in excess of the claimed debt, the taxpayer's opportunity to give written notice to contest the setoff within 30 days of the date of mailing of the notice, the name and mailing address of the claimant agency or the Administrative Office of the Courts to which the application for a hearing must be sent, and the fact that failure

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to apply for a hearing in writing within the 30 day period will be deemed a waiver of the opportunity to contest the setoff. In the case of a joint return, the notice shall also state the name of any taxpayer named in the return against whom no debt is claimed, the fact that a debt is not claimed against such taxpayer, the fact that such taxpayer is entitled to receive a refund if it is due him or her regardless of the debt asserted against his or her spouse, and that in order to obtain a refund due him or her such taxpayer must apply in writing for a hearing with the claimant agency or the Administrative Office of the Courts named in the notice within 30 days of the date of the mailing of the notice. If a taxpayer fails to apply in writing for a hearing within 30 days of the mailing of the notice, he or she will have waived his or her opportunity to contest the setoff. (d) Upon receipt of funds transferred from the department pursuant to this Code section, the claimant agency or the Administrative Office of the Courts shall deposit and hold the funds in an escrow account until a final determination of the validity of the debt. Any interest accruing on proceeds in such escrow account shall not constitute any part of the setoff funds being held in escrow and shall be retained by the claimant agency or the Administrative Office of the Courts to cover administrative costs. (e) The claimant agency shall pay the department for all costs incurred by the department in setting off debts in the manner provided in this article.

48-7-165. (a)(1) If the claimant agency receives written application contesting the setoff or the sum upon which the setoff is based, it shall grant a hearing to the taxpayer to determine whether the setoff is proper or the sum is valid according to the procedures established under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the sum asserted as due and owing is not correct, an adjustment of the claimed debt shall be made. (2) A request for a hearing pursuant to the Internal Revenue Code to contest the collection of past-due support may be consolidated with a request for a hearing under paragraph (1) of this subsection. If the sum asserted as due and owing is not correct, an adjustment of the claimed debt shall be made.
(b) The hearing established by subsection (a) of this Code section shall be in lieu of a hearing before the department to determine the validity of the debt or the propriety of the setoff. (c) No issues which have been previously litigated shall be considered at the hearing. (d) Appeals from actions taken at the hearing allowed under this Code section shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

48-7-165.1. (a)(1) Except as otherwise provided in subsection (d) of this Code section, if the Administrative Office of the Courts receives written notice from the debtor contesting the setoff or the sum upon which the setoff is based within 30 days of the debtor being notified of the debt setoff, the Administrative Office of the Courts shall notify the court

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to whom the debt is owed that the sum due and owing shall not be disbursed pursuant to this article until the court to whom the debt is owed has granted a hearing to the debtor and obtained a final determination on the debt under this Code section and provided evidence of such final determination to the Administrative Office of the Courts. Such sum due and owing shall not be disbursed to the debtor or the court to whom the debt is owed prior to such final determination. (2) The hearing required under this Code section shall be conducted after notice of such hearing is provided to the debtor by certified mail or personal service. When personal service is utilized, such personal service shall be made by the officers of the court designated by the judges of that court or any other officers authorized by law to serve process. (b)(1) The officers of the court designated by the judges of that court submitting debts to the Administrative Office of the Courts shall appoint a hearing officer for the purpose of conducting hearings under this Code section. The officers of the court shall adopt appropriate procedures to govern the conducting of hearings by the hearing officer. A written or electronic copy of such procedures shall be provided to a debtor immediately upon the receipt of notice from a debtor under subsection (a) of this Code section. (2) Issues that have been previously litigated shall not be considered at a hearing. The hearing officer shall determine whether the debt is owed to the court and the amount of the debt. Such determination shall be in writing and shall be provided to the debtor and the Administrative Office of the Courts within five days after the date the hearing is conducted. (3) If the debtor or the court disagrees with the determination of the hearing officer, either party may appeal that determination by filing a petition in the superior court not later than ten days following the date of the hearing officer's written determination. The superior court judge shall conduct a hearing and shall render a final determination in writing and shall transmit a copy to the hearing officer, the debtor, and the Administrative Office of the Courts not later than ten days after the date of that hearing. (4) The losing party to such proceeding as provided for in paragraph (3) of this subsection shall pay any filing fees and costs of service, except that the officers of the court designated by the judges of that court shall be authorized to waive such fees and costs. The court submitting the debt to the Administrative Office of the Courts shall be responsible for attorneys' fees of the debtor who is contesting the setoff in cases where the superior court finds in favor of the debtor. (c) If a court submits a debt for collection under this article following final determination of the debt in accordance with this Code section and the Administrative Office of the Courts is notified by the department that no refund proceeds are available or sufficient for setoff of the entire debt, such claim shall remain valid until sufficient refund proceeds are available for setoff as provided in subsection (b) of Code Section 48-7-164 and are not subject to further appeal.

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48-7-166. (a)(1) Upon final determination of the amount of the debt due and owing by means of the hearing provided by Code Section 48-7-165 or by the taxpayer's default through failure to comply with subsection (c) of Code Section 48-7-164, the claimant agency shall remove the amount of the debt due and owing from the escrow account established pursuant to Code Section 48-7-164 and shall credit the amount to the debtor's obligation. (2) Upon final determination of the amount of the debt due and owing as provided by Code Section 48-7-165.1, or by the taxpayer's default through failure to comply with subsection (c) of Code Section 48-7-164, the Administrative Office of the Courts shall remove the amount of the debt due and owing from the escrow account established pursuant to Code Section 48-7-164 and shall credit the amount to the debtor's obligation.
(b) Upon transfer of the debt due and owing from the escrow account to the credit of the debtor's account, the claimant agency or the Administrative Office of the Courts shall notify the debtor in writing of the finalization of the setoff. The department shall prepare a notice for use by the claimant agency or the Administrative Office of the Courts. Such notice shall include a final accounting of the refund which was set off, including the amount of the refund to which the debtor was entitled prior to setoff, the amount of the debt due and owing, the amount of the refund in excess of the debt which has been returned to the debtor by the department pursuant to Code Section 48-7-164, and the amount of the funds transferred to the claimant agency or the Administrative Office of the Courts pursuant to Code Section 48-7-164 in excess of the debt finally determined to be due and owing at a hearing held pursuant to Code Section 48-7-165 or 48-7-165.1, if such a hearing was held or the amount of the funds transferred to the Administrative Office of the Courts pursuant to Code Section 48-7-164 is in excess of the debt finally determined to be due and owing pursuant to Code Section 48-7-165.1 as determined in the filing of an appeal. At such time, the claimant agency or the Administrative Office of the Courts shall refund to the debtor the amount of the claimed debt originally certified and transferred to it by the department in excess of the amount of debt finally found to be due and owing. (c) Following finalization of the setoff pursuant to subsection (b) of this Code section, the Administrative Office of the Courts shall transfer the funds to the court. Any funds so transferred by the Administrative Office of the Courts shall be disbursed by the court in the same manner as if such funds had been originally collected by such court without having resorted to collection under this article.

48-7-167. When the setoff authorized by this article is exercised, the refund which is set off shall be deemed granted.

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48-7-168. The department has priority pursuant to subsection (c) of Code Section 48-2-35 over every claimant agency and the Administrative Office of the Courts for collection by setoff under this article.

48-7-169. The commissioner is authorized to prescribe forms and to promulgate rules and regulations which he or she deems necessary in order to effectuate this article.

48-7-170. (a) Notwithstanding Code Section 48-7-60, which prohibits disclosure by the department of the contents of taxpayer records or information, and notwithstanding any other confidentiality statute, the commissioner may provide to a claimant agency or the Administrative Office of the Courts all information necessary to accomplish and effectuate the intent of this article. (b) The information obtained by a claimant agency or the Administrative Office of the Courts from the department in accordance with this article shall retain its confidentiality and shall only be used by a claimant agency or the Administrative Office of the Courts in the pursuit of its debt collection duties and practices. Any employee or prior employee of any claimant agency or the Administrative Office of the Courts who unlawfully discloses any such information for any other purpose, except as otherwise specifically authorized by law, shall be subject to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the department."

SECTION 2. This Act shall become effective on January 1, 2015.

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

Approved April 14, 2014.

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CONSERVATION AND NATURAL RESOURCES JEKYLL ISLAND STATE PARK AUTHORITY; REVISE POWERS AND RESPONSIBILITIES; REVISE COMPONENTS OF MASTER PLAN AND CLARIFY DEVELOPMENT POWERS AND RESTRICTIONS.

No. 479 (House Bill No. 715).

AN ACT

To amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, so as to revise the powers and responsibilities of the authority; to define terms; to revise the components of the master plan; to clarify development powers and restrictions for the authority; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, is amended by revising Code Section 12-3-231, relating to definitions, as follows:
"12-3-231. As used in this part, the term:
(1) 'Authority' means the Jekyll Island--State Park Authority created by this part. (2) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this part, including refunding bonds. (3) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized by this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under this part for such project.

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(4) 'Developed land' means land that is built upon or paved or land that has been disturbed and no longer retains original, natural functions. Specific examples include, but are not limited to:
(A) Roads and bike paths in active use, whether by the authority or the general public; (B) Multiuse trails and pathways, whether paved or of pervious surface material; (C) Utility easements; (D) Firebreaks intended to protect residential areas; (E) Man-made ponds and borrow pits; and (F) Golf courses. (5) 'Master plan' means that document created under the auspices of and adopted by the authority of Jekyll Island and as it may be amended from time to time pursuant to Code Section 12-3-243.1. (6) 'Park' means present and future parks, parkways, park and recreational resources and facilities of the state or any department, agency, or institution of the state, and any such facility constituting part of the State Parks System and shall specifically include Jekyll Island State Park. (7) 'Project' means any subdivision, hotel, cottage, apartment house, public building, school, utility, dock, facility, watercourse, airport, bridge, golf course, tennis court, or other resort recreational facility. This term also means one or a combination of two or more of the following: buildings and facilities, and all other structures, electric, gas, steam, water, and sewerage utilities and facilities of every kind and character deemed by the authority to be necessary or convenient for the efficient operation of any department, board, commission, authority, or agency of the State of Georgia. (8) 'Undeveloped area' means any area that remains free from the built environment. The term shall include, but not be limited to: (A) Marsh and forest where the canopy and understory remain intact; (B) Wooded areas that are altered only by installation of firebreaks; (C) Dirt roads no longer in use and serving no practical function; (D) Dirt footpaths fewer than six feet in width; (E) Sand dunes and beach, including associated crossovers; and (F) Fresh water wetlands."

SECTION 2. Said part is further amended by repealing subsection (a) of Code Section 12-3-243, relating to rights to survey, subdivide, or improve, and by enacting a new subsection to read as follows:
"(a)(1)(A) The authority is empowered to convert no more than 1,675 acres of the total land area of Jekyll Island into developed land. All residual acreage shall forever be retained as undeveloped area. For purposes of this subparagraph, the 1,597 acres of Jekyll Island that, as of January 1, 2014, have been subdivided, leased, or improved

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according to the 2013 master plan shall be deemed as already converted to developed land. (B) After July 1, 2014, undeveloped area shall be converted to developed land only as follows:
(i) Twelve acres to be used solely for the expansion of the existing campground; (ii) Forty-six acres to be used solely for public health, public safety, or public recreation. As used in this division, the term 'public recreation' specifically excludes residential and commercial development; and (iii) Twenty acres to be available for unrestricted uses. (C) After July 1, 2014, the proposed conversion of any undeveloped area to developed land shall be subject to the amendment procedure outlined in subsection (c) of Code Section 12-3-243.1. (2)(A) The authority may survey, subdivide, and lease any acreage which may be converted to developed land in accordance with paragraph (1) of this subsection, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island shall never be leased but shall be kept free and open for the use of the people of this state. (B) That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds north latitude as such latitude is depicted on the 1993 USGS topographic survey 7.5 minute series quadrangle map shall always be retained as undeveloped area, and the authority shall not enter into, renew, or extend any agreement or otherwise take any action regarding such southern portion of the island on or after May 30, 2007, except as otherwise provided in this subparagraph. The removal of any improvement on such southern portion of the island which was completed prior to May 30, 2007, shall not be required. Upon the expiration or termination of any lease of a lot for a single-family residence on such southern portion of the island, the authority may again lease such lot to the same or another lessee for a single-family residence or noncommercial purpose or the authority may set aside the lot for public use; but the lot shall not be further subdivided, and the authority shall not lease such lot for any multifamily residence or commercial purpose. Those properties used for the Jekyll Island 4-H center and soccer complex may continue to be used and improved for the same or similar purposes under an extension or renewal of an existing lease or under a new lease. This subparagraph shall not prohibit the construction and use of any public bicycle trails, public nature trails, or public picnic areas on such southern portion of the island by the authority. This subparagraph shall not be applied to impair the obligation of any valid contract entered into prior to May 30, 2007."

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SECTION 3. Said part is further amended by revising Code Section 12-3-243.1, relating to creation of a master plan, as follows:
"12-3-243.1. (a) The authority shall maintain a master plan for the management, preservation, protection, and development of Jekyll Island. The master plan shall delineate, based upon aerial survey, the present and permitted future uses of the land area of Jekyll Island and shall designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. (b) The authority, in the exercise of its authority to develop, manage, preserve, and protect Jekyll Island, shall be guided by and shall adhere to the master plan as the same may from time to time be amended as provided in subsection (c) of this Code section. (c) The authority may, from time to time, amend the master plan but only in compliance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organs of Glynn and Fulton counties, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ of Glynn or Fulton County as required by this paragraph; (B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed amendment was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit by certified mail or personal service copies of the information required by paragraph (2) of this subsection and a complete copy of the proposed amendment to the Speaker of the House, President of the Senate, members of the Jekyll Island--State Park Authority Oversight Committee, and Office of Legislative Counsel at least 60 days prior to the date of the meeting at which the proposed amendment will be considered. The presiding officers of each house, or the Office of Legislative Counsel if a presiding officer is unavailable, shall then provide copies to any member of the General Assembly who makes, or has made, a standing written request;

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(4) In the event the Jekyll Island--State Park Authority Oversight Committee files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment, then the same shall be stayed. Thereafter, by introduction of a resolution to consider the committee's objection within the first 30 days of the next regular session of the General Assembly, the objection may be considered for ratification by the General Assembly. In the event the resolution is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall not be adopted by the authority. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan may be adopted by the authority and the stay of the committee shall be lifted. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be prohibited; (5) Any proposed development of the 78 acres available for development under subparagraph (a)(1)(B) of Code Section 12-3-243 shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (2) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; and (6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection."

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

Approved April 14, 2014.

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CONSERVATION AND NATURAL RESOURCES JEKYLL ISLAND STATE PARK AUTHORITY; POWERS AND RESPONSIBILITIES; DEFINITIONS; MASTER PLAN; DEVELOPMENT POWERS AND RESTRICTIONS.

No. 480 (Senate Bill No. 296).

AN ACT

To amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, so as to revise the powers and responsibilities of the authority; to define terms; to revise the components of the master plan; to clarify development powers and restrictions for the authority; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, is amended by revising Code Section 12-3-231, relating to definitions, as follows:
"12-3-231. As used in this part, the term:
(1) 'Authority' means the Jekyll Island--State Park Authority created by this part. (2) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this part, including refunding bonds. (3) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized by this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under this part for such project.

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(4) 'Developed land' means land that is built upon or paved or land that has been disturbed and no longer retains original, natural functions. Specific examples include, but are not limited to:
(A) Roads and bike paths in active use, whether by the authority or the general public; (B) Multiuse trails and pathways, whether paved or of pervious surface material; (C) Utility easements; (D) Firebreaks intended to protect residential areas; (E) Man-made ponds and borrow pits; and (F) Golf courses. (5) 'Master plan' means that document created under the auspices of and adopted by the authority of Jekyll Island and as it may be amended from time to time pursuant to Code Section 12-3-243.1. (6) 'Park' means present and future parks, parkways, park and recreational resources and facilities of the state or any department, agency, or institution of the state, and any such facility constituting part of the State Parks System and shall specifically include Jekyll Island State Park. (7) 'Project' means any subdivision, hotel, cottage, apartment house, public building, school, utility, dock, facility, watercourse, airport, bridge, golf course, tennis court, or other resort recreational facility. This term also means one or a combination of two or more of the following: buildings and facilities, and all other structures, electric, gas, steam, water, and sewerage utilities and facilities of every kind and character deemed by the authority to be necessary or convenient for the efficient operation of any department, board, commission, authority, or agency of the State of Georgia. (8) 'Undeveloped area' means any area that remains free from the built environment. The term shall include, but not be limited to: (A) Marsh and forest where the canopy and understory remain intact; (B) Wooded areas that are altered only by installation of firebreaks; (C) Dirt roads no longer in use and serving no practical function; (D) Dirt footpaths fewer than six feet in width; (E) Sand dunes and beach, including associated crossovers; and (F) Fresh water wetlands."

SECTION 2. Said part is further amended by repealing subsection (a) of Code Section 12-3-243, relating to rights to survey, subdivide, or improve, and by enacting a new subsection to read as follows:
"(a)(1)(A) The authority is empowered to convert no more than 1,675 acres of the total land area of Jekyll Island into developed land. All residual acreage shall forever be retained as undeveloped area. For purposes of this subparagraph, the 1,597 acres of Jekyll Island that, as of January 1, 2014, have been subdivided, leased, or improved

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according to the 2013 master plan shall be deemed as already converted to developed land. (B) After July 1, 2014, undeveloped area shall be converted to developed land only as follows:
(i) Twelve acres to be used solely for the expansion of the existing campground; (ii) Forty-six acres to be used solely for public health, public safety, or public recreation. As used in this division, the term 'public recreation' specifically excludes residential and commercial development; and (iii) Twenty acres to be available for unrestricted uses. (C) After July 1, 2014, the proposed conversion of any undeveloped area to developed land shall be subject to the amendment procedure outlined in subsection (c) of Code Section 12-3-243.1. (2)(A) The authority may survey, subdivide, and lease any acreage which may be converted to developed land in accordance with paragraph (1) of this subsection, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island shall never be leased but shall be kept free and open for the use of the people of this state. (B) That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds north latitude as such latitude is depicted on the 1993 USGS topographic survey 7.5 minute series quadrangle map shall always be retained as undeveloped area, and the authority shall not enter into, renew, or extend any agreement or otherwise take any action regarding such southern portion of the island on or after May 30, 2007, except as otherwise provided in this subparagraph. The removal of any improvement on such southern portion of the island which was completed prior to May 30, 2007, shall not be required. Upon the expiration or termination of any lease of a lot for a single-family residence on such southern portion of the island, the authority may again lease such lot to the same or another lessee for a single-family residence or noncommercial purpose or the authority may set aside the lot for public use; but the lot shall not be further subdivided, and the authority shall not lease such lot for any multifamily residence or commercial purpose. Those properties used for the Jekyll Island 4-H center and soccer complex may continue to be used and improved for the same or similar purposes under an extension or renewal of an existing lease or under a new lease. This subparagraph shall not prohibit the construction and use of any public bicycle trails, public nature trails, or public picnic areas on such southern portion of the island by the authority. This subparagraph shall not be applied to impair the obligation of any valid contract entered into prior to May 30, 2007."

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SECTION 3. Said part is further amended by revising Code Section 12-3-243.1, relating to creation of a master plan, as follows:
"12-3-243.1. (a) The authority shall maintain a master plan for the management, preservation, protection, and development of Jekyll Island. The master plan shall delineate, based upon aerial survey, the present and permitted future uses of the land area of Jekyll Island and shall designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. (b) The authority, in the exercise of its authority to develop, manage, preserve, and protect Jekyll Island, shall be guided by and shall adhere to the master plan as the same may from time to time be amended as provided in subsection (c) of this Code section. (c) The authority may, from time to time, amend the master plan but only in compliance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organs of Glynn and Fulton counties, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ of Glynn or Fulton County as required by this paragraph; (B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed amendment was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit by certified mail or personal service copies of the information required by paragraph (2) of this subsection and a complete copy of the proposed amendment to the Speaker of the House, President of the Senate, members of the Jekyll Island--State Park Authority Oversight Committee, and Office of Legislative Counsel at least 60 days prior to the date of the meeting at which the proposed amendment will be considered. The presiding officers of each house, or the Office of Legislative Counsel if a presiding officer is unavailable, shall then provide copies to any member of the General Assembly who makes, or has made, a standing written request;

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(4) In the event the Jekyll Island--State Park Authority Oversight Committee files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment, then the same shall be stayed. Thereafter, by introduction of a resolution to consider the committee's objection within the first 30 days of the next regular session of the General Assembly, the objection may be considered for ratification by the General Assembly. In the event the resolution is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall not be adopted by the authority. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan may be adopted by the authority and the stay of the committee shall be lifted. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be prohibited; (5) Any proposed development of the 78 acres available for development under subparagraph (a)(1)(B) of Code Section 12-3-243 shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (2) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; and (6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection."

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

Approved April 14, 2014.

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MOTOR VEHICLES ADJUST FUND ALLOCATION FOR CERTAIN SPECIALTY LICENSE PLATES; SPECIAL LICENSE PLATE FOR GRADY HEALTH FOUNDATION.

No. 481 (House Bill No. 881).

AN ACT

To amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to adjust fund allocation for certain specialty wildlife license plates; to provide for a new special license plate for the Grady Health Foundation; to repeal obsolete provisions; to provide for related matters; to require a two-thirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, is amended by revising subsections (a) and (e) and by adding a new subsection to read as follows:
"(a)(1) As used in this Code section, except as otherwise provided in subsection (n) of this Code section, the term:
(A) 'Manufacturing fee' means a $25.00 fee paid at the time a special license plate is issued. (B) 'Special license plate fee' means a $35.00 fee paid at the time a special license plate is issued. (C) 'Special license plate renewal fee' means a $35.00 fee paid at the time a revalidation decal is issued for a special license plate. (2) In accordance with Article III, Section IX, Paragraph VI(n) of the Constitution, the General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state." "(e) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In

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addition, a nonprofit corporation shall provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized shall be the same as those specified in this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any agency, fund, or nonprofit corporation which receives funds under subsection (n) of this Code section shall submit annually to the members of the Senate Natural Resources and the Environment Committee, the House Committee on Game, Fish, and Parks, the House Committee on Appropriations, and the Senate Appropriations Committee, and to the commissioner of natural resources a detailed audit containing the disposition and expenditure of all funds received pursuant to such subsection. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved." "(n)(1) The General Assembly recognizes that Code Section 12-3-600 mandates that the best interests of the state are served by providing for the conservation of nongame species of wildlife and has determined that the following special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated. The special license plates listed in this subsection shall be subject to a special license plate fee and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows:
(A) Special license plate fee $25.00 of which $5.00 is to be deposited into the general fund, $1.00 is to be paid to the local county tag agent and $19.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation; and (B) Special license plate renewal fee $25.00 of which $5.00 is to be deposited into the general fund and $20.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation. (2) Special license plates promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources. The funds raised by the sale of these special license plates shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 12-3-602. Such license plates shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (3) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs.

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(4) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance."

SECTION 2.
Said Code section is further amended in subsection (l) by adding a new paragraph to read as follows:
"(51) A special license plate for the Grady Health Foundation to support and improve the quality of health care services. The funds raised by the sale of this special license plate shall be disbursed to the Grady Health Foundation."

SECTION 3. Said Code section is further amended by repealing paragraphs (2), (3), and (4) of subsection (l) and designating said paragraphs as reserved.

SECTION 4. In accordance with the requirements of Article III, Section IX, Paragraph (VI)(n) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

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

Approved April 14, 2014.

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SOCIAL SERVICES FALSE OR FRAUDULENT MEDICAID CLAIMS; WHEN COURT SHALL DISMISS CIVIL ACTION OR CLAIM.

No. 482 (House Bill No. 973).

AN ACT

To amend Article 7B of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to false Medicaid claims, so as to provide for changes to civil penalties for false or fraudulent Medicaid claims; to provide for a definition; to revise certain provisions relating to when the court shall dismiss a civil action or claim; 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 7B of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to false Medicaid claims, is amended by revising Code Section 49-4-168.1, relating to civil penalties for false or fraudulent Medicaid claims, as follows:
"49-4-168.1. (a) Any person who:
(1) Knowingly presents or causes to be presented to the Georgia Medicaid program a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection; (4) Has possession, custody, or control of property or money used or to be used by the Georgia Medicaid program and knowingly delivers, or causes to be delivered, less than all of such property or money; (5) Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Georgia Medicaid program who lawfully may not sell or pledge the property; or (7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit property or money to the Georgia Medicaid

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program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit property or money to the Georgia Medicaid program, shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the Georgia Medicaid program sustains because of the act of such person. (b) The provisions of subsection (a) of this Code section notwithstanding, if the court finds that: (1) The person committing the violation of this subsection furnished officials of the Georgia Medicaid program with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information; (2) Such person fully cooperated with any government investigation of such violation; and (3) At the time such person furnished the Georgia Medicaid program with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not more than two times the amount of the actual damages which the Georgia Medicaid program sustained because of the act of such person. (c) A person violating any provision of subsection (a) of this Code section shall also be liable to this state for all costs of any civil action brought to recover the damages and penalties provided under this article. (d) As used in this Code section, the term 'Georgia Medicaid program' includes any contractor, subcontractor, or agent for the Georgia Medicaid program, including, but not limited to, a managed care program operated, funded, or reimbursed by the Georgia Medicaid program."

SECTION 2. Said article is further amended by revising in subsection (l) of Code Section 49-4-168.2, relating to the role of the Attorney General in pursuing cases, civil actions by private person, special procedures for civil actions by private person, limitation on participation, stay of discovery, and receipt of proceeds, as follows:
"(l)(1) As used in this subsection, the term 'original source' means an individual who: (A) Prior to public disclosure, has voluntarily disclosed to the Attorney General the information on which allegations or transactions in a claim are based; or (B) Has knowledge that is independent of and materially adds to publicly disclosed allegations or transactions and who has voluntarily provided such information to the Attorney General before filing a civil action under this Code section.
(2) The court shall dismiss a civil action or claim under this Code section, unless opposed by the Attorney General, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:

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(A) In any criminal, civil, or administrative hearing in which the State of Georgia or its employee, agent, or contractor is a party; (B) In a legislative or other Georgia report, hearing, audit, or investigation; or (C) From the news media, unless the civil action is brought by the Attorney General or the person bringing the civil action is an original source of the information."

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

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

Approved April 15, 2014.

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COURTS LAW ENFORCEMENT OFFICERS AND AGENCIES MOTOR VEHICLES VETERANS COURTS; ESTABLISHMENT.

No. 483 (Senate Bill No. 320).

AN ACT

To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general court provisions, so as to create veterans court divisions; to provide for legislative findings; to provide for definitions; to provide for assignment of cases; to provide for planning groups and work plans; to provide for standards and practices; to provide for oversight by the Judicial Council of Georgia; to provide for staffing and expenses; to provide for completion of veterans court division programs; to provide for records, fees, grants, and donations; to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of an individual's criminal history record information, definitions, privacy considerations, written application requesting review, and inspection, so as to restrict access to records of individuals who successfully complete a veterans court program; to amend Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of license for certain drug offenses, so as to allow veterans court divisions to restore or suspend a veterans court participant's driver's license or issue a participant a limited driving permit under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly recognizes that veterans have provided and continue to provide an invaluable service to our country and this state. In connection with a veteran's service, some servicemen and servicewomen have incurred physical, emotional, or mental impairments which cause or contribute to behaviors that may draw a veteran into the criminal justice system. The General Assembly has determined that having dedicated veterans court divisions is important to address the specialized treatment needs of veterans and that there are resources, services, and treatment options that are unique to veterans that may best facilitate a veteran's reentry into society.

SECTION 2. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general court provisions, is amended by adding a new Code section to read as follows:
"15-1-17. (a) As used in this Code section, the term:
(1) 'VA' means the United States Department of Veterans Affairs. (2) 'Veteran' means a person who is a former member of the armed forces of the United States or a state's National Guard. (b)(1) Any court that has jurisdiction over criminal cases may establish a veterans court division to provide an alternative to the traditional judicial system for disposition of cases in which the defendant is a veteran. (2) In any criminal case in which a defendant is a veteran and the defendant meets the eligibility criteria for the veterans court division, the court may refer the case to the veterans 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 veterans 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 services available to veterans. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the veterans court division. The work plan shall include veterans court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (4) of this subsection. The veterans court division shall combine judicial supervision, treatment of veterans court division participants, and drug and mental health testing. The work plan shall include eligibility criteria for the veterans court division. 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 veterans

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court division, except in the case of a separate court supervised reentry program designed to more closely monitor veterans returning to the community after having served a term of incarceration. Any such court supervised community reentry program for mentally ill offenders shall be subject to the work plan as provided for in this paragraph. (4) The Judicial Council of Georgia shall adopt standards and practices for veterans court divisions, taking into consideration guidelines and principles based on available current research and findings published by experts on veterans' health needs and treatment options, including, but not limited to, the VA and the Georgia Department of Veterans Service. The Judicial Council of Georgia shall update its standards and practices to incorporate research, findings, and developments in the veterans court field if any such research, findings, or developments are created. Each veterans court division shall adopt policies and practices that will be consistent with any standards and practices published by the Judicial Council of Georgia. Such standards and practices shall serve as a flexible framework for developing effective veterans court divisions and provide a structure for conducting research and evaluation for accountability. Such standards and practices are not intended to be a certification or regulatory checklist. (5) The court instituting the veterans 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 veterans court division and may request the circuit public defender, if any, to designate one or more assistant public defenders to serve in the veterans court division. (6) The clerk of the court instituting the veterans court division or such clerk's designee shall serve as the clerk of the veterans court division. (7) The court instituting the veterans court division may request other employees of the court to perform duties for the veterans court division. Such employees shall perform duties as directed by the judges of the veterans court division. (8) The court instituting the veterans court division may enter into agreements with other courts and agencies for the assignment of personnel from other courts and agencies to the veterans 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 veterans court division, federal grant funds, and funds from private donations. (c)(1) Each veterans court division shall establish written criteria that define the successful completion of the veterans court division program. (2) If the veterans court division participant successfully completes the veterans court division program prior to the entry of judgment, the case against the veterans court division participant may be dismissed by the prosecuting attorney. (3) If the veterans court division participant successfully completes the veterans court division program as part of a sentence imposed by the court, the sentence of the veterans court division participant may be reduced or modified.

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(4) Any plea of guilty or nolo contendere entered pursuant to this Code section shall not be withdrawn without the consent of the court. (d) Any statement made by a veterans court division participant as part of participation in such court, or any report made by the staff of the court or program connected to the court, regarding a participant's mental health shall not be admissible as evidence against the participant in any legal proceeding or prosecution; provided, however, that if the participant violates the conditions of his or her participation in the division or is terminated from the veterans court division, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case. (e) Nothing contained in this Code section shall be construed to permit a judge to impose, modify, or reduce a sentence below the minimum sentence required by law. (f) Notwithstanding any provision of law to the contrary, veterans court division staff shall be provided, upon request, with access to all records relevant to the treatment of the veterans court division participant from any state or local government agency, except records declared confidential by Code Section 49-5-40 to which access may be obtained pursuant to Code Section 49-5-41. All records and the contents thereof shall be treated as confidential, shall not be disclosed to any person outside of the veterans court division, and shall not be subject to Article 4 of Chapter 18 of Title 50 or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. Such records and the contents thereof shall be maintained by the veterans court division and originating court in a confidential file not available to the public. (g) Any fees received by a veterans court division from a veterans court division participant as payment for veterans services shall not be considered as court costs or a fine. (h) The court shall have the authority to accept grants, donations, and other proceeds from outside sources for the purpose of supporting the veterans court division. Any such grants, donations, or proceeds shall be retained by the veterans court division for expenses and shall be accounted for as set forth in subparagraph (b)(4)(F) of this Code section."

SECTION 3. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of an individual's criminal history record information, definitions, privacy considerations, written application requesting review, and inspection, is amended by redesignating paragraph (9) of subsection (a) as paragraph (10), by enacting a new paragraph (9), and by revising subparagraph (h)(2)(C) as follows:
"(9) 'Veterans treatment program' means a treatment program operated by a veterans court division in accordance with the provisions of Code Section 15-1-17."
"(C) The individual successfully completed a drug court treatment program, mental health treatment program, or veterans 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"

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SECTION 4. Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of license for certain drug offenses, is amended by revising Code Section 40-5-76, relating to restoration or suspension of defendant's driver's license or issuance of limited driving permit, as follows:
"40-5-76. A judge presiding in a drug court division, mental health court division, or veterans court division may order the department to restore a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, or issue a defendant a limited driving permit in accordance with the provisions set forth in subsections (c) and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services."

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

Approved April 15, 2014.

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HEALTH REVENUE AND TAXATION MEDICAL FACILITIES TO MAKE GOOD FAITH APPLICATION TO JOIN TRICARE PROGRAM; LIMITED INCOME TAX DEDUCTION FOR MEDICAL CARE CLERKSHIPS.

No. 484 (Senate Bill No. 391).

AN ACT

To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that each medical facility shall make a good faith application to the southern regional TRICARE managed care support coordinator to join the TRICARE program; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for Georgia income tax purposes, so as to provide a limited deduction for certain medical core clerkships; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I SECTION 1-1.

Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code section to read as follows:
"31-7-20. (a) Each medical facility in this state shall, not later than July 1, 2015, make a good faith application to the southern regional TRICARE managed care support contractor for certification in the TRICARE program. (b) If any medical facility fails to qualify for certification in the TRICARE program, such medical facility shall implement a plan to upgrade the facility, equipment, personnel, or such other cause for the disqualification within one year of notice of such deficiency. (c) Each medical facility shall submit reports to the commissioner detailing its efforts to join the TRICARE program and shall submit copies of applications, acceptances or rejections, correspondences, and any other information the commissioner deems necessary. (d) The commissioner shall maintain files on each medical facility in this state and shall monitor each medical facility's efforts to join the TRICARE program. (e) Nothing in this Code section shall require a medical facility to enter into a contract with the southern regional managed care support contractor or to participate in TRICARE as a network provider or as a participating non-network provider, as such terms are defined in the federal TRICARE regulations."

PART II SECTION 2-1.

Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for Georgia income tax purposes, is amended by adding a new paragraph to subsection (a) to read as follows:
"(13.2)(A) An amount equal to $1,000.00 for any physician who served as the community based faculty physician for a medical core clerkship provided by community based faculty. (B) An amount equal to $1,000.00 for any physician who served as the community based faculty physician for a physician assistant core clerkship provided by community based faculty. (C) An amount equal to $1,000.00 for any physician who served as the community based faculty physician for a nurse practitioner core clerkship provided by community based faculty. (D) As used in this paragraph, the term:
(i) 'Community based faculty physician' means a noncompensated physician who provides a minimum of three and a maximum of ten clerkships within a calendar year.

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(ii) 'Medical core clerkship,' 'physician assistant core clerkship,' or 'nurse practitioner core clerkship' means a clerkship for a student who is enrolled in a Georgia medical school, a Georgia physician assistant school, or a Georgia nurse practitioner school and who completes a minimum of 160 hours of community based instruction in family medicine, internal medicine, pediatrics, obstetrics and gynecology, emergency medicine, psychiatry, or general surgery under the guidance of a community based faculty physician. (E) The state-wide Area Health Education Centers Program Office at Georgia Regents University shall administer the program and certify rotations for the department. (F) This paragraph shall apply to all taxable years beginning on or after January 1, 2014;"

PART III SECTION 3-1.

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

Approved April 15, 2014.

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GAME AND FISH HUNTING AND FISHING LICENSES; ELIGIBILITY OF FULL-TIME MILITARY PERSONNEL ON ACTIVE DUTY AND DEPENDENTS.
No. 485 (House Bill No. 740).
AN ACT
To amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding game and fish, so as to provide that full-time military personnel on active duty and their dependents shall be considered residents of this state for procuring certain hunting and fishing licenses in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding game and fish, is amended by revising paragraph (60) as follows:
"(60) 'Resident' means any citizen of the United States who has been domiciled within the State of Georgia for a period of at least three months. For purposes of issuing or procuring the noncommercial hunting and fishing licenses required by this title, the term 'resident' shall include full-time military personnel on active duty and the dependents of such military personnel; provided, however, that requirements for residency as defined in paragraph (5) of subsection (e) of Code Section 27-2-3.1 shall apply to such military personnel and their dependents for all lifetime license types listed in Code Section 27-2-3.1 that are only available to residents. Requirements for residency as defined in paragraph (5) of subsection (e) of Code Section 27-2-3.1 shall also apply to such military personnel and their dependents for all honorary license types listed in Code Section 27-2-4 and to the landowner exemption in subsection (b) of Code Section 27-2-1, provided that the domicile requirement shall be a period of at least three months."

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

Approved April 15, 2014.

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STATE HIGHWAY SYSTEM PORTIONS DEDICATED.

No. 486 (House Resolution No. 1544).

A RESOLUTION

Dedicating and renaming certain portions of the state highway system; repealing a portion of a resolution dedicating portions of the state highway system approved on May 7, 2013 (Ga. L. 2013, p. 951); and for other purposes.

PART I WHEREAS, the State of Georgia lost one of its finest citizens and leaders with the passing of Major Henry Talmage Elrod; and

WHEREAS, Major Elrod was born on September 27, 1905, in Turner County, Georgia, and attended the University of Georgia and Yale University; and

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WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Marine Corps, valiantly and courageously defending his fellow Americans during World War II; and

WHEREAS, Major Elrod single handedly attacked a flight of 22 enemy planes over Wake Island and executed several low altitude bombings and strafing runs on enemy ships; and

WHEREAS, he became the first American to sink a Japanese warship, the Kisaragi, with small caliber bombs delivered from a fighter aircraft; and

WHEREAS, when all the U.S. aircraft had been destroyed by hostile fire, Major Elrod organized the remaining troops into a beach defense unit which repulsed repeated Japanese attacks; and

WHEREAS, Major Elrod was mortally wounded on December 23, 1941, while protecting his men who were carrying ammunition to a gun emplacement; and

WHEREAS, Major Elrod exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that a road be dedicated in his honor.

PART II 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

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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 III 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, Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers were influential Tuskegee Airmen who valiantly and courageously served this nation during World War II and were born in or spent years during their childhood in Laurens County, Georgia; and

WHEREAS, a native of Laurens County, Major Herndon Cummings enlisted in the United States Air Corps on June 25, 1942, and was assigned to the 447th Bomber Group with whom he served for four years;

WHEREAS, upon completion of his service with the Air Corps, Major Cummings enlisted with the United States Air Force Reserve and dedicated 20 years of additional service to the nation; and

WHEREAS, Colonel Marion Rodgers was raised in Dublin, Georgia, and served with an anti-aircraft artillery unit and as a radio operator prior to attending flight school; and

WHEREAS, Colonel Rodgers was assigned to the 99th Fighter Squadron, the "Red Tails," and dedicated 22 years to the Air Force before working in the civil service field for 17 years; and

WHEREAS, Colonel Rodgers spent a year working for N.A.S.A. as a program manager on the mission for Apollo 13 and was prominent in the development of electronics and communications procedures with N.O.R.A.D.; and

WHEREAS, Colonel John Whitehead spent several years during his youth in Laurens County and flew several missions over Europe during World War II; and

WHEREAS, known as "Mr. Death" by his fellow pilots, Colonel Whitehead was the first African American test pilot for the Air Force and during his 30 year career spent more than 9,500 hours in the air; and

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WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized with the naming of an intersection in their honor.

PART IV WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Deputy David W. Gilstrap on October 9, 2008; and

WHEREAS, a native of Hapeville, Georgia, Deputy Gilstrap graduated from Rabun Gap Nachoochee School and served as a guardian of this nation's freedom and liberty with the United States Armed Forces; and

WHEREAS, as a sergeant in the United States Armed Forces, Deputy Gilstrap was recognized with numerous commendations, including an Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, NCO Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and Expert Marksmanship Badge for M-16; and

WHEREAS, after his 13 year career in the military, Deputy Gilstrap returned home to begin his career in law enforcement with the Clarke County Sheriff's Office; and

WHEREAS, a graduate of the North East Georgia Police Academy, Deputy Gilstrap joined the Oconee County Sheriff's Office in 2005 where he worked with the traffic enforcement unit; and

WHEREAS, Deputy Gilstrap exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that a road be dedicated in his honor.

PART V WHEREAS, Mr. William Riley Curry served in the Georgia General Assembly during the 1910s and 1920s and entertained many legislators and governors in his home, and he organized and was president and majority stockholder of People's Bank of Shellman, now known as First State Bank of Randolph County, and was a major benefactor of the Georgia Baptist Children's Home, where he established the Nena Ferguson Curry Children's Fund; and at the height of the Great Depression, he established the $100,000.00 Curry Choir of Christianity at Mercer University, which act of philanthropy allowed Mercer University to remain open at a time when many private universities were forced to close, and he developed railroad lines throughout the South with other capitalists, who were also guests at the family home; and

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WHEREAS, Mr. Curry built the Curry Home in Shellman, Georgia, in 1906; the home was designed by the architectural firm of Dennis & Dennis of Macon and was constructed by W.I. Jay & Co.; and

WHEREAS, he remodeled the imposing, two-story, white clapboard home in 1926, and in 1963 James Riley Curry, Sr., inherited the property and commissioned a vast renovation, which was undertaken by the Hugh Gaston Architecture Co. of Albany; and

WHEREAS, the current owner, William Scott Curry II, purchased the home from the heirs of the J. R. Curry, Sr., Estate in 2012, and in April of 2013 he began an extensive renovation and remodel of the home; and

WHEREAS, the many interesting historic features of the house include fluted ionic columns, unusually fine, leaded cut-glass windows surrounding the massive front doorway, richly colored stained-glass windows, intricately designed bronze ceilings, mahogany wainscoting of the front entrance hall and formal dining room, and the crystal chandelier in the foyer; and

WHEREAS, the home in Randolph County stands as a fine monument to Mr. William Riley Curry, a successful Georgia entrepreneur and great philanthropist.

PART VI WHEREAS, Mr. Bobby Eugene Parham 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

WHEREAS, after graduating from the University of Georgia College of Pharmacy, Mr. Parham's interest in politics was piqued as he worked as a pharmacist for Representative Culver Kidd at the Culver & Kidd Drugstore; and

WHEREAS, Mr. Parham successfully ran for the Baldwin County School Board and served as a Baldwin County Commissioner before he was elected to the Georgia House of Representatives; and

WHEREAS, he ably and adeptly served his constituents and the State of Georgia as a Representative from 1974 until his retirement in 2009; and

WHEREAS, as a member of the House of Representatives, Mr. Parham served on the House Committees on Appropriations, Rules, and Health & Ecology and as chairperson of the House Committee on Transportation; and

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WHEREAS, upon his retirement from the House in 2009, Mr. Parham was elected to the State Transportation Board of the Department of Transportation, representing his hometown of Milledgeville and Baldwin County; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized with the naming of a bridge in his honor.

PART VII 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 VIII WHEREAS, the McDougald family, William Alexander and Catherine Buie McDougald with their youngest child Dougald, immigrated to America in 1841 from the Island of Jura, Great Britain, and settled in North Carolina; and

WHEREAS, Dougald and his sons, John Alexander, Duncan, and William, were successful farmers and turpentine producers and were active in civic projects, especially in Bulloch County, Georgia; and

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WHEREAS, John Alexander McDougald was a major donor in the bid to establish the First District A&M School, which later was named Georgia Southern University, and as a member of the city council and mayor helped the City of Statesboro obtain improved water and sewerage and a complete sanitary system; and

WHEREAS, John Alexander McDougald's mansion on South Main Street is listed on the National Register of Historic Places, and he generously gave land to an African American Baptist church on Highway 67 for the benefit of his workers and their families, a church named St. John the Second; and

WHEREAS, a most notable achievement of John Alexander McDougald is that he attracted to Statesboro and was host to the internationally acclaimed chemist, Dr. Charles Holmes Herty, who in the year 1900 performed experiments on pine trees located on land now occupied by Georgia Southern University and whose research led to the production of Naval Stores shipped from Statesboro around the world; and

WHEREAS, in honor of John Alexander McDougald, the General Assembly created the Herty Advanced Materials Development Center which relocated from Savannah to Georgia Southern University in 2012; and

WHEREAS, other members of the McDougald family who have a rich history in Statesboro and Georgia include Bernard McDougald, who served 30 years as a member of the Statesboro City Council; Ruth McDougald, author of a popular local newspaper column; Walter McDougald, an active spokesperson for the growth of the college and of the community of Clito; Worth McDougald, a noted professor at the University of Georgia who shaped the famed Peabody Awards program; Don McDougald, who brought the first FM radio station to Statesboro, developed WWNS Radio, and established the community's cable television system; Maggie McDougald, one of the early communications lawyers in Georgia; Sally Quinn, a noted television commentator and author of several major books, who married Ben Bradley, former editor of the Washington Post; Michael McDougald, who has served eight years as chairman of Georgia Public Broadcasting; and William McDougald, editor of Southern Living Magazine; and

WHEREAS, it is abundantly fitting and proper that a road be dedicated in honor of this important and notable Georgia family whose talents and influence stretch from the islands of Scotland to the Pine Forests of Bulloch County, Georgia.

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PART IX WHEREAS, Mr. Ray C. Anderson graduated from the Georgia Institute of Technology and spent over 14 years learning the carpet trade with Deering-Milliken and Callaway Mills before founding Interface, a company that produced the first free-lay carpet tiles in America; and

WHEREAS, since the company's establishment in 1973, Interface has grown to be the world's largest producer of modular commercial flooring with sales in 110 countries and manufacturing facilities on four continents; and

WHEREAS, under the enlightened and thoughtful vision of Mr. Anderson, Interface adopted a Mission Zero promise, which aims to eliminate any negative impact it may have on the environment by the year 2020 and to reduce or eliminate waste and harmful emissions while increasing the use of renewable materials and sources of energy; and

WHEREAS, a pioneer of conscientious business practices, Mr. Anderson and his dedication to improving the environment have been recognized with numerous awards, including a Design for Humanity Award from the American Society for Interior Designers, a Lifetime Achievement Award from GreenLaw, and a River Guardian Award from the Upper Chattahoochee Riverkeeper organization, just to name a few; and

WHEREAS, Mr. Anderson served as a co-chair on President Clinton's Council on Sustainable Development and the 2008 Presidential Climate Action Plan; and

WHEREAS, a sought-after speaker and advisor on all eco-issues, Mr. Anderson was named one of TIME magazine's Heroes of the Environment in 2007, was honored with an inaugural Millennium Award from Global Green, and earned recognition as Entrepreneur of the Year in 1996 from Ernst & Young and Forbes Magazine; and

WHEREAS, his leadership was instrumental to the numerous boards on which he served, including The Georgia Conservancy, the Ida Cason Callaway Foundation, Rocky Mountain Institute, the David Suzuki Foundation, Emory University Board of Ethics Advisory Council, the ASID Foundation, and Worldwatch Institute; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory.

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PART X WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated public servants with the passing of Judge Arthur M. Kaplan on January 1, 2010; and

WHEREAS, a native of Covington, Georgia, Judge Kaplan was born on January 5, 1925, the beloved son of Nathan Kaplan and Lena Mischelevich Kaplan; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously protecting America during World War II in five invasions in the Pacific theater of war; and

WHEREAS, a John Marshall School of Law graduate, Judge Kaplan practiced civil and criminal law for 50 years and was appointed to the Atlanta Municipal Court in 1973 by Mayor Sam Massell; and WHEREAS, he used the life-saving skills he obtained in the Navy to teach members of the Georgia Bureau of Investigation, Federal Bureau of Investigation, United States Secret Service, Atlanta Fire Rescue, and nursing students at Grady Memorial Hospital emergency medical care techniques at the Atlanta Police Academy; and

WHEREAS, Judge Kaplan taught more than 15,000 people in emergency medical care and rendered emergency first aid to more than 30,000 people; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by naming an intersection in his memory.

PART XI WHEREAS, the State of Georgia lost an icon of strength with the passing of twelve-year-old Kenneth Webster Stewart III after a five-year battle with medulloblastoma; and

WHEREAS, his suffering brought together his community with a renewed love and sense of doing the right thing; and

WHEREAS, throughout his journey more than 800 people followed his progress through his Facebook prayer-group page and more than 1,012 people came to pay their respects to his family upon his passing; and

WHEREAS, Kenneth, who one day hoped of serving in the Army, was given the nickname "Soldier Boy" by the community that also dedicated Rock Creek Park Field #12 to his memory by renaming it Kenneth Stewart III Field "Soldier Boy"; and

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WHEREAS, his true love of baseball was further celebrated when he had the opportunity to serve as a bat boy during a baseball game held at Turner Field benefiting Children's Healthcare of Atlanta; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART XII WHEREAS, Mr. Marcus Byrd was born in Dawson County, Georgia, a beloved son of C.B. and Annie Byrd; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army, attaining the rank of sergeant;

WHEREAS, Mr. Byrd was dedicated to enriching and uplifting the lives of young people in Dawson County, where he started volunteering with the Boy Scouts of America program in 1958; and

WHEREAS, he started the first Cub Scout pack in Dawson County and served as pack master before later serving as a leader for a Boy Scout troop; and

WHEREAS, Mr. Byrd dedicated three decades to the Boy Scouts of America organization, and under his leadership and tutelage numerous young men went on to earn Eagle Scout rankings and become productive adults; and

WHEREAS, his commitment to the organization was recognized with a Silver Beaver Award; and

WHEREAS, a community leader, Mr. Byrd was a member of Bethel Methodist Church, the Board of Trustees for Lumpkin Campground, and the Etowah Masonic Lodge; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by dedicating a bridge in his honor.

PART XIII WHEREAS, Mr. Albert Sidney "Sid" Newton has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia, and his passing left a void in the hearts of his family, friends, and neighbors; and

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WHEREAS, Mr. Newton was born in Jenkins County, the beloved son of the late John Cleve and Ruby Aycock Newton, and he graduated from the University of Georgia; and

WHEREAS, one of Jenkins County's most successful farmers and dairymen, Mr. Newton was a member of the Jenkins County Farm Bureau and the Georgia Dairy Association; and

WHEREAS, he ably and adeptly served three terms in the Georgia House of Representatives and one term in the Georgia Senate, championing the interests of his constituents; and

WHEREAS, prior to joining the Georgia Senate in 1961, Mr. Newton was a member of the Jenkins County Board of Commissioners for 20 years and served as chairperson for 14 years; and

WHEREAS, his leadership was invaluable as vice president and director of the Bank of Millen, director of Millen Warehouse Company, president of Millen Industrial Development Company, president of the Jenkins County Authority, and vice president of John Wilson Company; and

WHEREAS, a man of deep and abiding faith, Mr. Newton was a member of Millen Methodist Church, where he was active in Bible Class, and was a member of the Millen Rotary Club; and

WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a road in his memory.

PART XIV WHEREAS, Eurith Dickinson "Ed" Rivers has long been recognized by the citizens of this state for the vital role he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Governor Rivers served in both chambers of the General Assembly, adeptly representing the interests of his constituents in Lanier County; and

WHEREAS, as a member of the Georgia State Senate, Governor Rivers demonstrated invaluable leadership and was elected to serve as President Pro Tempore by his colleagues; and

WHEREAS, he was elected Governor by the citizens of Georgia in 1936 and won reelection in 1939; and

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WHEREAS, Governor Rivers served the State of Georgia with honor and distinction, and his vision and unyielding commitment set the standard for public service; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory.

PART XV WHEREAS, it is fitting and proper that the late Dr. Martin Luther King, Jr., influential pastor and leader of the civil rights movement in the 1950s and 1960s, be honored by his home state for his many contributions to the greater good of this state and the nation.

PART XVI WHEREAS, the Sledge family has been part of Peach County since the county's formation, and generations of the Sledge family have been integral leaders in the community; and

WHEREAS, Mr. Carlton Harmon "Bud" Sledge was a lifelong resident of Peach County and patriarch of the Sledge family; and

WHEREAS, Mr. Sledge donated land to the county which allowed for the construction of a bridge and interchange at the intersection of Interstate 75 and Russell Parkway; and

WHEREAS, the lives of countless Peach County residents and visitors have been improved thanks to Mr. Sledge's generous donation; and

WHEREAS, it is abundantly fitting and proper that the extraordinary charity of this distinguished Georgian be recognized by dedicating a bridge in his honor.

PART XVII WHEREAS, Stanton Springs spans 1,620 acres of gently rolling countryside near Covington, Social Circle, Monticello, and Madison, Georgia; and

WHEREAS, Stanton Springs incorporates specific areas for residential, light business/industrial/distribution, commercial/retail, and office uses in mid- to low-rise buildings that blend gracefully with their surrounding environment; and

WHEREAS, this development stands as one of Georgia's premier economic development achievements, and it is abundantly fitting and proper that a road be dedicated in its honor.

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PART XVIII WHEREAS, Mr. Johnny "Eric" Purvis was the last in a long line of Purvis men devoted to building bridges in Georgia; and

WHEREAS, for 59 years, members of the Purvis family built bridges and ensured the safety of countless Georgians traveling on local and state roads; and

WHEREAS, Mr. Purvis was the chief crane operator for Rodgers Bridge Company for 26 years; and

WHEREAS, he worked on bridges from Charlton County to Valdosta, including the Savannah Port, Savannah, Eulonia, Darien, and Dock Junction; and

WHEREAS, Mr. Purvis was working on the bridge at Horse Stamp Church Road in Glynn County when he passed away of a heart attack; and

WHEREAS, a dedicated working man and salt of the Earth gentleman, Mr. Purvis left behind many who cherish his memory and admired his work ethic, including his wife, family, and numerous friends and co-workers; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by dedicating a bridge in his honor.

PART XIX WHEREAS, Mr. Olief Wainwright was a lifelong resident of the Crowell/Fickling Mill Community in Taylor County; and

WHEREAS, Mr. Wainwright served as a guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously protecting his fellow citizens during the Korean Conflict; and

WHEREAS, a man of deep and abiding faith, Mr. Wainwright was actively involved in his church's ministry, served on mission trips to South America and throughout the United States, and coordinated many construction efforts to repair church roofs, install wheelchair ramps, and build furniture and pews; and

WHEREAS, Mr. Wainwright helped to replace a breached dam at the Taylor County landmark of Fickling Mill on four separate occasions, and due to his hard work and dedication, the landmark continues to be enjoyed by many Taylor County visitors and local residents; and

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WHEREAS, it is abundantly fitting and proper that the extraordinary charity of this distinguished Georgian be recognized by dedicating a bridge in his honor.

PART XX WHEREAS, Mrs. Eleanor D. Roosevelt was committed to uplifting the lives of children and her hard work and community spirit have impacted the lives of countless Georgians and Americans; and

WHEREAS, as First Lady of the United States, Mrs. Roosevelt was an influential spokesperson for human rights, children's causes, and women's issues, and her work after her husband's term as president on behalf of the League of Women Voters, volunteering for the American Red Cross, and serving as a foreign diplomat and ambassador earned her the title "First Lady of the World"; and

WHEREAS, the longest serving First Lady in the nation's history, Mrs. Roosevelt is the namesake for the Eleanor Roosevelt School in Warm Springs, which was one of many schools opened during President Franklin D. Roosevelt's tenure as president and was part of the Julius Rosenwald School Building Fund Program which was a major effort to provide education for African American children across the United States; and

WHEREAS, the Rosenwald Fund provided financial support for the construction of schools for African Americans and produced plan books to aid communities with constructing cost-efficient, architect-designed school buildings; and

WHEREAS, the school was named in honor of Mrs. Roosevelt in recognition of her efforts to end segregation and her dedication to civil rights; and

WHEREAS, President Roosevelt delivered the keynote address during the opening ceremony for the school which operated from 1937 to 1972; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished woman be recognized by naming a bridge in her honor.

PART XXI WHEREAS, Mr. Rodney Mims Cook has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia, and his passing left a void in the hearts of his family, friends, and neighbors; and

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WHEREAS, Mr. Cook was born in Atlanta, the beloved son of the late James Leslie and Bess Mims Cook, and he graduated summa cum laude and as class valedictorian from Washington and Lee University; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy as a lieutenant in the Pacific Theater during World War II; and

WHEREAS, one of the first Republicans to be elected in Georgia since Reconstruction, Mr. Cook served simultaneously as a member of the Georgia House of Representatives and as an at-large member of the Atlanta City Council, helping to foster Atlanta's exponential growth during the 1960s and 1970s; and

WHEREAS, as a member of the Georgia House of Representatives he served on the appropriations, ways and means, and industry committees, served as chairman of the Georgia Republican Party, and was the party nominee for Governor in 1978; and

WHEREAS, mentored by Martin Luther King, Sr., and Mayors William Hartsfield and Ivan Allen, Mr. Cook fought to integrate Atlanta neighborhoods with his notable speech on the floor of the Atlanta City Council urging the tearing down of the "Peyton Wall" which was a barrier built to stop black citizens from moving into a white section of Atlanta and was referred to as the "Berlin Wall" by the black community; and

WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a road in his memory.

PART XXII 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, a native of Sparks, Georgia, Staff Sergeant Briand T. Williams was a graduate of Cook High School and was active with the Adel-Cook Recreational Department; and

WHEREAS, he lost his life in combat in Iraq protecting the freedoms that all United States citizens cherish; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming a road in his honor.

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PART XXIII 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, Lieutenant Colonel Charles W. Rowan was born on September 22, 1924, and served as a guardian of this nation's freedom and liberty with the United States Army and the United States Air Force; and

WHEREAS, during his years of service with the United States Army, Lieutenant Colonel Rowan served as a radio operator and bombardier and flew on 24 missions over Germany; and

WHEREAS, Lieutenant Colonel Rowan later joined the United States Air Force to train as a pilot and flew100 missions in the F-80 Shooting Star aircraft during the Korean War; and

WHEREAS, he served as a Forward Air Controller during the Vietnam War and flew 135 missions in the O-35 aircraft before retiring with 26 years of service; and

WHEREAS, Lieutenant Colonel Rowan demonstrated a deep personal commitment to protecting democracy and dedicated his life to ensuring the well-being of his fellow man; and

WHEREAS, it is important that men and women of the armed forces 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, Lieutenant Colonel Rowan embodied the spirit of service and found meaning in something greater than himself, and it is abundantly fitting and proper that the sacrifice of this remarkable and distinguished American be honored appropriately.

PART XXIV WHEREAS, Middle and South Georgia are among the few areas remaining in the United States where there are miles of rural landscape, historic small towns, and abundant agricultural operations; and

WHEREAS, the promotion of agri-tourism represents a readily available and effective tool with which to spur economic development; and

WHEREAS, the portions of highways to be included in the Georgia Grown Trail wind through miles of family owned farms; pristine hunting plantations and unique lodging; u-pick farms, farm stands, and hands-on educational farm experiences; farm-to-table restaurants and

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establishments dedicated to preserving and sharing local recipes, traditions, and crops and farming techniques; and

WHEREAS, dedication of this route as a scenic highway will promote economic well-being through agri-tourism.

PART XXV WHEREAS, Honorable Emma Gresham has long been recognized by the citizens of this state for the vital role that she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, she diligently and conscientiously devoted over two decades of her time, talents, and energy to improving the lives of her neighbors as mayor of the Town of Keysville; and

WHEREAS, Mayor Gresham was born in 1925 in Reidsville, Georgia, the beloved daughter of Reverend Marvin B. Rhodes, an African Methodist Episcopal pastor and teacher, and Ida Rhodes, a church missionary and Sunday school teacher; and

WHEREAS, a graduate of Boggs Academy, Mayor Gresham devoted 32 years to challenging and inspiring the future leaders of this state as an educator in Augusta, teaching second grade and mentally challenged students; and

WHEREAS, in the early 1980's, she became involved with Keysville Concerned Citizens, a group seeking better living conditions for the community, and through her work with this group, Mayor Gresham learned that Keysville had been registered as a town and incorporated, yet had not had official leadership in 55 years; and

WHEREAS, determined to improve the lives of her neighbors through public service, Mayor Gresham was elected mayor in 1985, but due to a loophole in the town's charter which prevented an official election, Mayor Gresham served as mayor for only five hours; and

WHEREAS, after several years of community outreach, legal battles, and two Supreme Court cases, Keysville held an election for mayor in 1988, and Mayor Gresham was again recognized by the people as the most fitting person to lead; and

WHEREAS, located 25 miles south of Augusta in Burke County, Keysville is home to an unofficial population of 319 and during Mayor Gresham's tenure established a water system, a waste-water treatment plant, city streetlights, and a health facility and earned the title of a Certified Literate Community; and

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WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished woman be recognized by dedicating a road in her honor.

PART XXVI 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 XXVII WHEREAS, Lieutenant General Robert E. Gray was an outstanding member and leader in the United States Army; and

WHEREAS, he served as a guardian of this nation's freedom and liberty throughout his three decades of military service and was the first African American commander of Fort Gordon, the first African American commander of the 35th Signal Brigade, the first African American commander of the 82nd Signal Battalion, and the first Signal general officer to serve as the chief of staff and deputy commander of U. S. Army Europe; and

WHEREAS, Lieutenant General Gray's drive and determination led the way for the troops under his command; and

WHEREAS, Lieutenant General Gray commanded the Signal Center of Excellence and Fort Gordon from August 1991 until July 1994 and was instrumental in managing the base

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expansion with the arrival of new units after the first Persian Gulf War during the nation's Base Realignment and Closure initiatives; and

WHEREAS, after his retirement, Lieutenant General Gray continued to serve the CSRA community and was deeply engaged in supporting community initiatives and projects; 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, it is fitting and proper to dedicate the bridge at Interstate 20 and Lewiston Road in Columbia County as the Lieutenant General Robert E. Gray Memorial Bridge as an appropriate tribute to this outstanding man.

PART XXVIII WHEREAS, Mr. Robert K. Ballew has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia, and his passing left a void in the hearts of his family, friends, and neighbors; and

WHEREAS, Mr. Ballew was born on March 1, 1926, in Copperhill, Tennessee, the beloved son of the late Robert Fulton Ballew and Helen King Ballew; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army Air Force and was a long-time member of the Blue Ridge United Methodist Church; and

WHEREAS, Mr. Ballew practiced law in Blue Ridge, Georgia, for more than 55 years, opening his own practice on April 1, 1953, and serving as the attorney for an electric company for a number of years; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens; and

WHEREAS, Mr. Ballew was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness who brought joy and happiness to his many friends, neighbors, and family members; and

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WHEREAS, a dedicated community leader, Mr. Ballew served as mayor of Blue Ridge and a senator with the Georgia General Assembly and was a 32 degree Mason and Member of the Shrine; and

WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.

PART XXIX WHEREAS, the State of Georgia lost one of its finest citizens and leaders with the passing of Mr. George Duke Beasley; and

WHEREAS, Mr. Beasley was born on January 19, 1922, in Indianapolis, and he and his two brothers were raised by their mother, Emma Ruth Vance Beasley; and

WHEREAS, he graduated with honors from Crispus Attucks High School, where he served as captain of the school's basketball team, and attended North Carolina Agricultural and Technical State University; and

WHEREAS, Mr. Beasley served as a guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously defending his fellow Americans during World War II; and

WHEREAS, in addition to his service during World War II, Mr. Beasley served in five military campaigns and was recognized with honors such as the Purple Heart and the U.S. Army Soldier's Medal of Valor for saving the life of a fellow soldier while risking his own; and

WHEREAS, he earned a bachelor's degree from Wilberforce University, where he joined Kappa Alpha Psi Fraternity and was active in the Students for Democratic Action Committee, and a master's degree from Indiana University; and

WHEREAS, a dedicated public servant, Mr. Beasley served as claims director for the Indiana Employment Security Division, Northeast Regional Director and Director of the State Regional Offices for the Ohio Civil Rights Commission, Deputy District Director of the Equal Employment Opportunity Commission, and the head administrator for the Georgia Office of Fair Employment Practices; and

WHEREAS, Mr. Beasley exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that a road be dedicated in his honor.

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PART XXX 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, Mr. Charles Elvin Hickox demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and

WHEREAS, he served as guardian of this nation's freedom and liberty with the United States military; 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, Mr. Hickox embodied the spirit of service and was willing to find meaning in something greater than himself, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of this remarkable and distinguished American be honored appropriately.

PART XXXI WHEREAS, often called "Mr. Wid," Mr. William Eugene Bone was a talented builder whose legacy stands tribute throughout Taylor County, Georgia, with numerous homes and historic buildings; and

WHEREAS, Mr. Bone's work throughout the county is exemplified by buildings such as the Hugh Cheek home in Butler, the Garrett home in Charing, the Charing post office, and the Cooper home in Rupert, all which were built from 1911 to 1914; and

WHEREAS, he is said to have built the first bridge that crossed Whitewater Creek at a time when automobiles started traveling the route when it was a mere dust trail; and

WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.

PART XXXII WHEREAS, Mr. J. Ran Cooper was a leader of the Taylor County community and the way he lived his life stands as an example and inspiration to others; and

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WHEREAS, Mr. Cooper's leadership and guidance were instrumental to the Taylor County Board of Commissioners as chairperson, and he promoted the paving of more county roads during his tenure with the board than had ever been accomplished before; and

WHEREAS, he built a country store where he sold groceries and gasoline and had a bus route during World War II to provide employees of Warner Robins Air Force Base with transportation between home and work; and

WHEREAS, Mr. Cooper started Cooper Construction Company in the 1940's and he was a lifetime member and steward of Sand Bethel Methodist Church; and

WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.

PART XXXIII WHEREAS, Mr. Reginald S. Carter, Sr., was recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces for over 25 years during World War II and the Vietnam War; and

WHEREAS, Mr. Carter 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 Taylor County Board of Education and the Tax Assessors Board; and

WHEREAS, he was 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 extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.

PART XXXIV WHEREAS, Rettie and Ewiel E. Hice, Sr., played vital roles in leadership and demonstrated great commitment to improving the welfare of the citizens of Georgia; and

WHEREAS, Mr. and Mrs. Hice diligently and conscientiously devoted innumerable hours of their time, talents, and energy toward the betterment of their community and state; and

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WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Georgians be recognized by dedicating a bridge in their memory.

PART XXXV WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Mr. William T. "Boss" Mull; and

WHEREAS, Chief Mull served as police chief of the McCaysville Police Department for 11 years and dedicated 46 years to protecting and serving the citizens of Georgia as a member of law enforcement; and

WHEREAS, Chief Mull tragically lost his life while apprehending a fugitive in Coletown, Georgia; and

WHEREAS, it is abundantly fitting and proper to dedicate a bridge in his honor.

PART XXXVI 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, a native of Douglas County, Georgia, Private First Class Melvin Johnson was born on February 16, 1949, the beloved son of Loren Johnson; and

WHEREAS, Private First Class Johnson was a loving brother to his siblings, Willie, Tony, and Vicki; and

WHEREAS, a graduate of R.L. Cousins High School in 1966, Private First Class Johnson became an infantry soldier with the United States Armed Forces in November, 1968; and

WHEREAS, he lost his life in combat protecting the freedoms that all United States citizens cherish in Binh Duong Province, South Vietnam; and

WHEREAS, Private First Class Johnson was the first African American soldier from Douglasville, Georgia, to die in Vietnam and was the second fallen soldier from Douglas County; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming a bridge in his honor.

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PART XXXVII 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, Colonel Lynn "L.E." Witt, Jr., served as a guardian of this nation's freedom and liberty with the United States Army Air Corps and served as a fighter squadron leader in the Allied campaign to take back Japanese held islands in the southwest pacific during World War II; and

WHEREAS, he logged 905 combat hours and flew 326 combat missions, more missions than any other American pilot during World War II, and received a Distinguished Service Cross for sinking a Japanese destroyer using only his plane's guns; and

WHEREAS, Colonel Witt was also recognized with the Silver Star, the Air Medal with eight oak leaf clusters, the American Campaign medal, the Asiatic Pacific Campaign Medal with one Silver Star, three Bronze Stars, the World War II Victory Medal, the Philippine Liberation Ribbon, and the Philippine Independence Ribbon; and

WHEREAS, during his 30 year career with the military, Colonel Witt spent five at Robins Air Force Base as Head of Air Force Recruiting; and

WHEREAS, Colonel Witt embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of this remarkable and distinguished American be honored appropriately.

PART XXXVIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated public servants and leaders with the passing of Mr. Joe E. Brown in 1985; and

WHEREAS, Mr. Brown's leadership began in Liberty County where he was an active member of the Boy Scouts of America program and was the county's first Boy Scout to obtain the prestigious Eagle Scout ranking; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces and the United States National Guard, retiring from service with the rank of Lieutenant Colonel; and

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WHEREAS, Mr. Brown began his career as a public servant in 1946 with the Georgia Department of Transportation and dedicated 34 years to the department, retiring in 1979 as a Right of Way Engineer; and

WHEREAS, after his retirement, Mr. Brown was elected to the Georgia House of Representatives, where he served on the retirement, industry, and defense and veteran's affairs committees and earned a reputation as a skillful and concerned legislator; and

WHEREAS, Mr. Brown exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties and it is abundantly fitting and proper that a road be dedicated in his honor.

PART XXXIX WHEREAS, the Watters District area and the Shannon community represent one of the original and most concentrated industrial areas of unincorporated Floyd County in Georgia; and

WHEREAS, around the time of the Civil War, Mr. Shannon migrated to northeast Floyd County and established a large commercial sawmill alongside the railroad north of Rome; and

WHEREAS, as a result of Mr. Shannon's sawmill, the area became known as Shannon, and later, the area was home to the Brighton Cotton Mill, Floyd County's largest employer with more than 1,500 employees; and

WHEREAS, the Shannon community is now home to a Lowe's Distribution Center and two county owned industrial parks; and

WHEREAS, it is abundantly fitting and proper that a road be dedicated in honor of this important and historical industrial area.

PART XL WHEREAS, Mr. Jack Collin Lance, Sr., has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia, and his passing left a void in the hearts of his family, friends, and neighbors; and

WHEREAS, Mr. Lance was born on January 27, 1937, in Murphy, North Carolina, and was raised on his family's farm located on Murphy Highway which has been in the Lance family since 1860; and

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WHEREAS, he was among the first young men to receive the Eagle Scout ranking in Union County; and

WHEREAS, upon graduating from Union County High School, Mr. Lance gained acceptance in Young Harris College, where he earned a position on the basketball team after receiving recognition for scoring more than 2,000 points at Union County High School; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces and graduated from the University of Georgia School of Pharmacy; and

WHEREAS, upon his graduation from pharmacy school, Mr. Lance founded the Hill Lance Drugs store which he operated for more than 30 years until his retirement; and

WHEREAS, a community leader, Mr. Lance founded the Union County Recreational Department and was a member of the boards for Union County Recreation, United Community Bank, Blue Ridge Mountain EMC, and Union County Historical Society; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens; and

WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by renaming a road in his memory.

PART XLI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Captain Larry S. Simmons on August 30, 2004; and

WHEREAS, Captain Simmons attended the 37th Trooper School, was assigned to service in North Georgia, and worked at the training division where he rose to the rank of captain in 1994; and

WHEREAS, known affectionately as "Big Larry," Captain Simmons is remembered fondly by the numerous men and women he trained; and

WHEREAS, Captain Simmons exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART XLII WHEREAS, Dr. M. Bobbie Bailey has long been recognized by the citizens of this state for the vital role that she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

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WHEREAS, a pioneer and icon of the Atlanta community, Dr. Bailey is a noted philanthropist, businesswoman, board member, and executive producer; and

WHEREAS, Dr. Bailey began tuning race cars at the age of 12, an interest in mechanics that she further honed during World War II as she worked for a company that refabricated refrigeration compressors; and

WHEREAS, in 1960 she began her own company, Our-Way, Inc., which was recognized in 1983 as one of the Top 100 Companies by Business Atlanta and where she served as chief executive officer for over 50 years; and

WHEREAS, an avid music lover, Dr. Bailey became a member of the National Academy of Recording Arts and Sciences in 1972, serves as president of the Friends of Georgia Music Festival and executive producer of the Georgia Music Hall of Fame Awards Show, was inducted into the Music Hall of Fame in 2007, and is a proud supporter of music education through scholarships at Kennesaw State University and Georgia State University; and

WHEREAS, Dr. Bailey has sponsored numerous national title winning fast pitch softball teams, endowed the Bobbie Bailey Athletic Complex at Kennesaw State University, and has been inducted into the Kennesaw State University Athletic Hall of Fame; and

WHEREAS, her philanthropy continues into the field of medicine, where she has supported several major projects at DeKalb Medical which have led to the naming of the facility's diagnostic imaging center for her and her sister, Audrey B. Morgan, and the Dr. Bobbie Bailey Tower which houses the surgery and women's center; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by the naming of an interchange in her honor.

PART XLIII WHEREAS, Mr. Edward W. "Kip" Klein III has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, after graduating cum laude from the University of Virginia, Mr. Klein earned a law degree from the University of Georgia where he joined the gridiron society and studied at the Hague International Academy of International Law; and

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WHEREAS, a native of Atlanta, Mr. Klein practiced family law in Marietta and received the Angels in Adoption award for the State of Georgia in 2000 for his dedicated work to helping families through the adoption process; and

WHEREAS, he ably and adeptly served his constituents and the State of Georgia as a Representative for three terms beginning with his election in 1990; and

WHEREAS, a community leader, Mr. Klein was chosen to be the envoy to Kuwait for the Atlanta Olympic Committee and to interact on a good will mission on behalf of the state in the European Parliament by the European Community Visitors Programme; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized with the dedicating of a road in his honor.

PART XLIV WHEREAS, the State of Georgia lost one of its finest citizens and leaders with the passing of Mr. Billy Alonzo Johnson; and

WHEREAS, Mr. Johnson was born on March 7, 1925, in Emanuel County, Georgia, and graduated from Swainsboro High and Industrial School; and

WHEREAS, he attended Savannah State College, Tuskegee Institute, and Georgia Southern College and served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously defending his fellow Americans during World War II; and

WHEREAS, Mr. Johnson inspired and challenged the future leaders of this state as an educator with the Jefferson, Screven, Laurens, and Emanuel counties school systems and retired in 1981 after 35 years of dedicated service; and

WHEREAS, a man of deep and abiding faith, Mr. Johnson was an active member of Piney Grove Missionary Baptist Church, where he served as a deacon and chairman of the trustee board; and

WHEREAS, he served as mayor of the City of Wadley for 17 years, until his passing on May 26, 2001; and

WHEREAS, Mr. Johnson was an active member of the Georgia Association of Educators, National Education Association, Georgia Municipal Association, National Conference of Black Mayors, Kappa Alpha Psi Fraternity, Georgia Coalition for Hunger, and Voter Education Project; and

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WHEREAS, Mr. Johnson exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that a road be dedicated in his honor.

PART XLV 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, P.F.C. Michael Lee Dotson demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and

WHEREAS, he served as guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously defending his fellow Americans during the Vietnam War; and

WHEREAS, P.F.C. Dotson was on night perimeter guard when his company began receiving enemy mortar arms fire, and he was quick to react by running to each position along the lines to ensure that every man was awake and ready for battle; and

WHEREAS, he tragically lost his life when a mortar round landed near his position, and in honor of his heroism, he was awarded a Gold Star and the Purple Heart; and

WHEREAS, P.F.C. Dotson embodied the spirit of service and was willing to find meaning in something greater than himself, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of this remarkable and distinguished American be honored appropriately.

PART XLVI WHEREAS, Marquis Deon Grissom was born in Atlanta, Georgia, and attended Lakeshore High School where he excelled in baseball; and

WHEREAS, he went on to play for Florida A&M University, and in 1988 he was selected by the Montreal Expos where he worked as a position player; and

WHEREAS, Grissom was ultimately traded to the Atlanta Braves, and in his first season they won the World Series with Grissom securing the final out by catching a fly ball; and

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WHEREAS, he played his final major league years with the San Francisco Giants, who dubbed him a "class act" and a "clubhouse" leader, and in 2003 he won the Willie Mac Award for his spirit and leadership; and

WHEREAS, Grissom retired in March, 2006, after a successful 17 year career and currently resides in College Park, Georgia; and

WHEREAS, he was hired to become the Washington Nationals first base coach for the 2009 season in October, 2008; and

WHEREAS, Marquis Grissom leads by example both on and off the field; he sponsors six Little League teams and assists in funding a home school that provides food and shelter for children without parents; and

WHEREAS, this magnificent player has earned his well-deserved reputation for excellence by performing with precision and dedication over years of training and competition, and it is abundantly proper to recognize him for his many accomplishments by dedicating a bridge in his honor.

PART XLVII WHEREAS, Mr. Robert Vernon "Bobby" Sikes served as sheriff of Liberty County for a span of five decades and is 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, Mr. Sikes 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, he has been united in love and marriage to his wife, Lynn, for 63 wonderful years, and they have been blessed with three wonderful sons, Robert, Steven, and Edward; and

WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for the unique and often unheralded contributions of Mr. Sikes and all local law enforcement officers by dedicating a road in his honor.

PART XLVIII WHEREAS, Mr. Orace Lamar "Red" Brooks was a Wilkinson County native who was instrumental in the development of the City of Ivey and the Holiday Hills Lake Tchukolako subdivision; and

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WHEREAS, Mr. Brooks was instrumental in the incorporation of the town of Ivey during the 1950s, which led to the area's cityhood in the 1980s; and

WHEREAS, he 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 as a city councilmember for 26 years; and

WHEREAS, Mr. Brooks was a philanthropist with a generosity of spirit, donating land to the City of Ivey to be used for a city hall and turning over his water system to be used by the city; and

WHEREAS, a man of deep and abiding faith, Mr. Brooks and his wife, Gladys, were charter members of Ivey Baptist Church, donated the land for the church, and served as Sunday school teachers; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by dedicating a bridge in his honor.

PART XLIX WHEREAS, Reverend G. L. Avery 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, a native of Wilkes County, Reverend Avery was the beloved son of the late Roy and Eula King Avery and was married to the late Margaret Martin Avery; and

WHEREAS, a civil rights leader, Reverend Avery was one of the founders and organizers of the Wilkes County branch of the NAACP and served as branch president for more than 50 years; and

WHEREAS, he was instrumental in working with city and school leaders through the integration of schools during the 1970s and served as coordinator of the First District of the Georgia State NAACP and as a member of the State NAACP executive board; and

WHEREAS, Reverend Avery 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 for 12 years on the Washington City Council; and

WHEREAS, he led the White Rock Baptist Church in Rayle and the Union Spring Missionary Baptist Church in Norwood and served as moderator of the Third Shiloh Missionary Baptist Association of Wilkes County with 14 churches and the Fourth Shiloh

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Missionary Baptist Association of Warren, McDuffie, Hancock, and Columbia counties with ten churches; and

WHEREAS, the unmatched spiritual assistance offered by Reverend Avery was 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 by dedicating a road in his memory.

PART L WHEREAS, Mr. Thomas Watson Cullars has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia, and his passing left a void in the hearts of his family, friends, and neighbors; and

WHEREAS, Mr. Cullars was one of the largest land owners in Lincoln County and was a logger by trade; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, supporting the local community by providing food and clothing to the less fortunate; and

WHEREAS, Mr. Cullars was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness who brought joy and happiness to his many friends, neighbors, and family members; and

WHEREAS, a dedicated community leader, Mr. Cullars served for many years on the Lincoln County Board of Education; and

WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a road in his memory.

PART LI WHEREAS, Mr. Otis A. Brumby, Jr., long-time publisher of the Marietta Daily Journal, passed away at the age of 72; and

WHEREAS, the Marietta resident, one of Cobb's best-known native sons, had a family pedigree that stretched back generations in the county, and he made a name for himself as a prominent businessman and journalist who grew a small local paper into a thriving conglomerate during a time when Atlanta's suburbs were beginning to expand; and

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WHEREAS, he was a force in local politics as well, using his newspaper to promote his vision of progress in Marietta, Cobb County, and this state; and working behind the scenes, Mr. Brumby influenced decades of important decisions in Cobb County that drove residential and commercial development and turned the county into a magnet for establishments of higher learning, such as Kennesaw State University; and

WHEREAS, Mr. Brumby got his start in the newspaper business at the Marietta Daily Journal, working for his father and namesake as an assistant to the publisher in 1965 and becoming publisher years later, and in 1969 he started the Neighbor Group of weekly community newspapers, growing the company into a collection of 24 newspapers, two magazines, six websites, and a weekly circulation of 375,000; and

WHEREAS, former Governor Roy Barnes, another Cobb County luminary who appointed Mr. Brumby to the State Board of Education, stated, "Otis was a giant in our community, he was a giant in our state, and we will miss him deeply. He was the epitome of public service"; and

WHEREAS, in addition to his newspaper work and his service on the State Board of Education, Mr. Brumby also served on the State Transportation Board and the Marietta School Board; and in 1991 he became the fifth president of the Brumby Chair Company, which was co-founded in 1875 by his grandfather and has graced porches nationwide, including at the White House, with the world famous Brumby Rocker, thus reclaiming family control of the company; the next year he opened a showroom on the square in downtown Marietta; and

WHEREAS, Mr. Brumby is survived by his wife, Martha Lee; daughters, Spain, Lee, Betsy, and Anna; son, Otis III; and 11 grandchildren.

PART LII 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, P.F.C. Roger Eugene Dorsey demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy during the Vietnam War on the aircraft carrier Intrepid as an E-4 and worked on the aircraft departing and coming from Vietnam; and

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WHEREAS, he later graduated with his business degree from the University of Tennessee and was owner and operator of the Lil Pig Convenience Store in Rossville for 22 years;

WHEREAS, a community leader, P.F.C. Dorsey was a proud member of the VFW Post #3679; and

WHEREAS, P.F.C. Dorsey was awarded the Republic of Vietnam Campaign Medal and the National Defense Service Medal; and

WHEREAS, P.F.C. Dorsey embodied the spirit of service and found meaning in something greater than himself, and it is abundantly fitting and proper that the sacrifice of this remarkable and distinguished American be honored appropriately.

PART LIII WHEREAS, Friendship Road in Hall County was recently widened, and the project included new realignment for the road.

PART LIV NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 112 from Rebecca to Ashburn in Turner County is dedicated as the Major Henry Talmage Elrod Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring military veterans and dedicates the portion U.S. Highway 19 from its intersection with the north Lee County line to its intersection with the south Lee County line as Veterans Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Route 80 at U.S. 441 Bypass in Laurens County is dedicated as the Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 53 from Mars Hill Road to Union Church Road in Oconee County is dedicated as the Deputy David W. Gilstrap Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. Route 82 over Pachitla Creek in Randolph County is dedicated as the William Riley Curry Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on East Hancock Street and Ga. 24 over the Oconee River in Baldwin County is dedicated as the Bobby Parham Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring military veterans and dedicates the interchange of I-475 and Thomaston Road in Macon-Bibb County as Veterans of All Wars Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 67 in Bulloch County from its intersection with US Highway 301/State Route 73 to the Statesboro East Bypass is dedicated as the McDougald Memorial Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 85 in Troup County from Exit 2 to Exit 18 is dedicated as the Ray C. Anderson Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 237 at Cheshire Bridge in Fulton County is dedicated as the Judge Arthur M. Kaplan Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 53 and Perimeter Road in Dawsonville is dedicated as the Kenneth Webster Stewart III Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 53 over the Etowah River in Dawson County is dedicated as the Marcus Byrd Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 67 in Jenkins County from the southernmost point of the Ogeechee River Bridges to its intersection with Ga. 121 is dedicated as the Albert Sidney "Sid" Newton Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 122 in Lanier County that runs beside Banks Lake from the City of Lakeland to the Lowndes County line is dedicated as the Governor Eurith Dickinson "Ed" Rivers Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 107 from Ga. 90/Ga. 11 in Fitzgerald to U.S. Highway 319 is dedicated as the M.L.K., Jr., Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge at the intersection of Interstate 75 and Russell Parkway in Peach County is dedicated as the C.H. "Bud" Sledge Memorial Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 12/U.S. Route 278 in Newton County from .7 miles south of Interstate Route 20 at Exit 101 to the Walton County line north of Interstate Route 20 is dedicated as the Stanton Springs Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 99 over Interstate 95 in Glynn County is dedicated as the Johnny "Eric" Purvis Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge over Patsiliga Creek on State Route 137 near Fickling Mill Dam in Taylor County is dedicated as the Olief Wainwright Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 85 Alternate over the railroad tracks in the City of Warm Springs in Meriwether County is dedicated as the Eleanor D. Roosevelt Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 where it merges with Interstate 85 at Exit 242 and the portion of Interstate 75 from Exit 250 north to Exit 251 north in Fulton County is dedicated as the Honorable Rodney Mims Cook Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 76 in Cook County from 4th Street in Adel to the Brooks County line is dedicated as the United States Army Staff Sergeant Briand T. Williams Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia Highway 135 in Berrien County from its intersection with Georgia Highway 76 to Georgia Highway 168 is dedicated as the Lieutenant Colonel Charles W. Rowan Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Route 341 from its intersection with Ga. 74 in Monroe County through Crawford and Peach Counties until it connects with U.S. Route 41 and the portion of U.S. Route 41 from the northernmost point of Houston County to the Florida state line is dedicated as the Georgia Grown Trail: 341/41.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 88 in the city limits of Keysville in Burke County is dedicated as the Mayor Emma Gresham Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 475 at Bolingbroke in Monroe County is dedicated as the Veterans Memorial Interchange.

BE IT FURTHER RESOLVED that the signs dedicating the Veterans Memorial Interchange shall include "Home of the 148th BSB, Deployed to Iraq in 2005 and 2006."

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BE IT FURTHER RESOLVED AND ENACTED that the bridge at Interstate 20 and Lewiston Road in Columbia County is dedicated as the Lieutenant General Robert E. Gray Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 515 over the Georgia Northeastern Railroad at milepost 2.4 in Fannin County is dedicated as the Robert K. Ballew Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 92 in southern Fulton County from U.S. Route 29 (Roosevelt Highway) to the Douglas County line is dedicated as the George Duke Beasley Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge over Big Creek on U.S. 82 .7 miles from Schlatterville and 3.1 miles from Hoboken West in Brantley County is renamed as the Charles E. Hickox Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the southbound bridge on State Route 3 over Whitewater Creek in Taylor County is dedicated as the William Eugene Bone Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the northbound bridge on State Route 3 over Whitewater Creek in Taylor County is dedicated as the J. Ran Cooper Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the southbound bridge on State Route 3 over Cedar Creek in Taylor County is dedicated as the Reginald S. Carter, Sr., Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 515 over Rock Creek in Gilmer County is dedicated as the Rettie and Ewiel E. Hice, Sr., Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 5 over the Toccoa River in Fannin County is dedicated as the William T. "Boss" Mull Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 166 over Anneewakee Creek in Douglas County is dedicated as the Private First Class Melvin Johnson Memorial Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 166 in Carroll County from State Route 100 to its intersection with Garrett Circle is dedicated as the Col. L.E. Witt, Jr., Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 95 in Liberty County from exit 76 north to the Bryan County line is dedicated as the Joe E. Brown Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the corridor of State Route 53 from the Gordon County line to the city limits of Rome is dedicated as the Shannon Industrial Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Route 19 in Union County from its intersection with State Route 515 to the North Carolina line is renamed as the Jack Collin Lance, Sr., Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Ga. 341 and Ga. 193 in Walker County is dedicated as the Captain Larry S. Simmons Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 236/Hugh Howell Road and Mountain Industrial Boulevard in DeKalb County is dedicated as the Dr. M. Bobbie Bailey Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 92 in Cobb County from its intersection with Interstate 75 to the Paulding County line is dedicated as the Kip Klein Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that U.S. Route 1 Bypass in the City of Wadley in Jefferson County is dedicated as the Billy Alonzo Johnson Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Ga. 2 and Pine Grove Road in Catoosa County is dedicated as the P.F.C. Michael Lee Dotson Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that a resolution dedicating certain portions of the state highway system as approved on May 7, 2013 (Ga. L. 2013, p. 951) is amended by repealing the 13th undesignated paragraph of Part XXVIII relating to the dedication of the Lanier Islands Parkway.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 14 at the State Route 14 Connector in the Red Oak Community of Fulton County is dedicated as the Marquis Deon Grissom Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 95 in Liberty County from exit 76 to the McIntosh County line is dedicated as the R.V. "Bobby" Sikes Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 243 over Beaver Creek in Wilkinson County is dedicated as the O.L. "Red" Brooks Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 44 from the southern city limits along Whitehall and Mercer Streets to the intersection with US 78 (North Pass) is dedicated as the Reverend G. L. Avery Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 79 in Lincoln County from the bridge over Soap Creek to the Goshen community is dedicated as the Thomas Watson Cullars Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Canton Connector at exit 267 over Interstate 75 in Cobb County is dedicated as the Otis A. Brumby, Jr., Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 341 and Mission Ridge Road in Walker County is dedicated as the P.F.C. Roger Eugene Dorsey Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 347 from Interstate 985 east to State Route 211 is dedicated as Friendship Road.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 347 from its westernmost point on the shores of Lake Lanier east to Interstate 985 is dedicated as Lanier Islands Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 211 from Interstate 85 north to State Route 53 is dedicated as Chateau Elan Parkway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

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BE IT FURTHER RESOLVED AND ENACTED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs on Interstate 85 and 985 directing traffic to both Lake Lanier Islands Parkway, Chateau Elan Parkway, and Friendship Road.

BE IT FURTHER RESOLVED that the Clerk of the House of is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the families of Major Henry Talmage Elrod; Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers; Deputy David W. Gilstrap; Mr. William Riley Curry; Mr. Ray C. Anderson; Judge Arthur M. Kaplan; Kenneth Webster Stewart, III; Mr. Marcus Byrd; Mr. Albert Sidney "Sid" Newton; Governor Eurith Dickinson "Ed" Rivers; Dr. Martin Luther King, Jr.; Mr. Carlton Harmon "Bud" Sledge; Mr. Johnny "Eric" Purvis; Mr. Olief Wainwright; Mrs. Eleanor D. Roosevelt; Mr. Rodney Mims Cook; United States Army Staff Sergeant Briand T. Williams; Lieutenant Colonel Charles W. Rowan; Lieutenant General Robert E. Gray; Mr. Robert K. Ballew; Mr. George Duke Beasley; Charles E. Hickox; Mr. William Eugene Bone; Mr. J. Ran Cooper; Mr. Reginald S. Carter, Sr.; Rettie and Ewiel E. Hice, Sr.; Mr. William T. "Boss" Mull; Private First Class Melvin Johnson; Colonel Lynn "L.E." Witt, Jr.; Mr. Joe E. Brown; Mr. Jack Collin Lance, Sr.; Captain Larry S. Simmons; Mr. Edward W. "Kip" Klein III; Mr. Billy Alonzo Johnson; Private First Class Michael Lee Dotson; Mr. Orace Lamar "Red" Brooks; Reverend G. L. Avery; Mr. Thomas Watson Cullars; Mr. Otis A. Brumby, Jr.; and P.F.C. Roger Eugene Dorsey; and to Mr. Bobby Eugene Parham; the McDougald family; Mayor Emma Gresham; the Shannon Industrial Parkway Committee; Dr. M. Bobbie Bailey; Mr. Marquis Deon Grissom; and Mr. Robert Vernon "Bobby" Sikes.

Approved April 15, 2014.

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LOCAL GOVERNMENT ANTE LITEM NOTICE; SPECIFY AMOUNT OF DAMAGES SOUGHT.

No. 487 (House Bill No. 135).

AN ACT

To amend Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, so as to provide that such notices shall specify the amount of damages sought; to provide for service of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, is amended by revising subsection (a) and adding two new Code sections to read as follows:
"(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in this Code section." "(e) The description of the extent of the injury required in subsection (b) of this Code section shall include the specific amount of monetary damages being sought from the municipal corporation. The amount of monetary damages set forth in such claim shall constitute an offer of compromise. In the event such claim is not settled by the municipal corporation and the claimant litigates such claim, the amount of monetary damage set forth in such claim shall not be binding on the claimant. (f) A claim submitted under this Code section shall be served upon the mayor or the chairperson of the city council or city commission, as the case may be, by delivering the claim to such official personally or by certified mail or statutory overnight delivery."

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

Approved April 15, 2014.

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COURTS CLERK OF SUPERIOR COURT; FILINGS; OFFICE HOURS.

No. 488 (House Bill No. 215).

AN ACT

To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to change provisions relating to filings in the clerk's office; to change provisions relating to office hours; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by revising paragraph (10) of subsection (a) of Code Section 15-6-61, relating to duties of clerks generally, as follows:
"(10) To make a notation on all conveyances of real or personal property, including liens, of the date and time they were filed for recordation, which shall be evidence of the facts stated. When the clerk accepts an instrument or document for filing, the clerk shall note the date and time of receipt of such instrument or document on the instrument or document. All liens or conveyances presented to the clerk for filing shall be on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch paper or the digital equivalent and shall have a three-inch margin at the top to allow space for the clerk's notation required by this paragraph. The clerk shall not record any instrument or document conveying real or personal property, including liens, that is not prepared as required by this paragraph and without receiving all required fees and taxes that are due in connection with such filing. The notation required by this paragraph may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, mechanical printing, or electronic signature or stamp;"

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 15-6-93, relating to office hours, as follows:
"(a) The office of each clerk of superior court shall be open to conduct business Monday through Friday from at least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time during such hours, unless such office has less than two employees, in which case such office shall be permitted to be open from at least 8:00 A.M. until noon and from at least 1:00 P.M. until 5:00 P.M."

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

Approved April 15, 2014.

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INSURANCE REPORTS BY PROPERTY AND CASUALTY INSURERS.

No. 489 (House Bill No. 229).

AN ACT

To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide for changes to the submission of reports by property and casualty insurers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Said chapter is further amended by revising Code Section 33-3-21.1, relating to submission of reports by property and casualty insurers, types of insurance to which requirement applies, contents of report, date due, and publication, as follows:
"33-3-21.1. (a) By rule or regulation, the Commissioner may require each insurer licensed to write property and casualty insurance by the Commissioner to submit a report on a form furnished by the Commissioner showing its direct writings in this state. (b) The report permitted by subsection (a) of this Code section may include but not be limited to the following types of insurance written by such insurer:
(1) Motor vehicle bodily injury liability insurance, including medical pay insurance; (2) Products liability insurance; (3) Medical malpractice insurance; (4) Architect and engineer malpractice insurance; (5) Attorney malpractice insurance; (6) Motor vehicle personal injury protection insurance; (7) Motor vehicle property liability insurance; (8) Uninsured motorist insurance; (9) Underinsured motorist insurance; and (10) Commercial casualty or property insurance as defined in paragraph (1) of Code Section 33-7-3 or Code Section 33-7-6. (c) Additionally, the report shall include the following information: (1) Direct premiums written; (2) Direct premiums earned; (3) Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary; (4) Incurred claims, developed as a sum of, and with figures provided for, the following:

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(A) Dollar amount of claims closed with payment; plus (B) Reserves for reported claims at the end of the current year; minus (C) Reserves for reported claims at the end of the previous year; plus (D) Reserves for incurred but not reported claims at the end of the current year; minus (E) Reserves for incurred but not reported claims at the end of the previous year; plus (F) Reserves for loss adjustment expense at the end of the current year; minus (G) Reserves for loss adjustment expense at the end of the previous year; (5) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, general office expenses, taxes, licenses, fees, and all other expenses; (6) Net underwriting gain or loss; and (7) Net operation gain or loss, including net investment income. (d) Any reports provided under this Code section shall be made available to the public for inspection."

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

Approved April 15, 2014.

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COMMERCE AND TRADE PUBLIC OFFICERS AND EMPLOYEES GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY; BENEFIT PROGRAMS.

No. 490 (House Bill No. 246).

AN ACT

To amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to provide benefit programs to its officers, employees, and other agents, including a retirement plan and a group insurance plan; to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to extend the option to elect coverage in the program to the authority; 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 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, is amended by revising paragraph (4) of subsection (b) of Code Section 10-9-4, relating to authority powers, as follows:
"(4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, fix their compensation, and establish a flexible employee benefit plan for authority employees which may include those flexible employee benefits described in Code Section 45-18-52;"

SECTION 2. Said article is further amended by revising Code Section 45-18-54, relating to continuation of optional plans, approval of optional plans, or contracting with new or additional insurers, by adding a new subsection to read as follows:
"(d) The Geo. L. Smith II Georgia World Congress Center Authority shall have the option to irrevocably elect or reject coverage for employees of the authority in this program no later than June 30, 2014. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council. If the authority elects to participate in the coverage under this plan, it shall be assessed a pro rata share of the cost of administering the plan."

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

Approved April 15, 2014.

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CRIMES AND OFFENSES REGULATION OF ALTERNATIVE NICOTINE PRODUCTS AND VAPOR PRODUCTS.

No. 491 (House Bill No. 251).

AN ACT

To amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to provide for the regulation of alternative nicotine

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products and vapor products; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, is amended by revising Code Section 16-12-170, relating to definitions, as follows:
"16-12-170. As used in this article, the term:
(1) 'Alternative nicotine product' means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. The term 'alternative nicotine product' shall not include any tobacco product, vapor product, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act. (2) 'Cigar wraps' means individual cigar wrappers, known as wraps, blunt wraps, or roll your own cigar wraps, that consist in whole or in part of reconstituted tobacco leaf or flavored tobacco leaf. (3) 'Cigarette' means roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (4) 'Community service' means a public service which a minor might appropriately be required to perform, as determined by the court, as punishment for certain offenses provided for in this article. (5) 'Minor' means any person who is under the age of 18 years. (6) 'Person' means any natural person or any firm, partnership, company, corporation, or other entity. (7) 'Proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate. (8) 'Tobacco product' means any cigars, little cigars, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff powder; 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 a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. The term 'tobacco product' shall not include any alternative nicotine product, vapor product, or product regulated as a drug or device by the United

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States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act. (9) 'Tobacco related objects' means any papers, wrappers, or other products, devices, or substances, including cigar wraps, which are used for the purpose of making cigarettes or tobacco products in any form whatsoever. (10) 'Vapor product' means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term 'vapor product' shall include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term 'vapor product' shall not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act."

SECTION 2. Said article is further amended by revising Code Section 16-12-171, relating to prohibited acts, as follows:
"16-12-171. (a)(1) It shall be unlawful for any person knowingly to: (A) Sell or barter, directly or indirectly, any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to a minor; (B) Purchase any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products for any minor unless the minor for whom the purchase is made is the child of the purchaser; or (C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. (2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are sold is 18 years of age or older. (B) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are to be sold or otherwise furnished is actually 18 years of age or older, it shall be the duty of the person selling or otherwise furnishing such cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to request to see and to be furnished

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with proper identification as provided for in subsection (b) of this Code section in order to verify the age of such person. The failure to make such request and verification in any case where the person to whom the cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are sold or otherwise furnished is less than 18 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products did so knowingly. (3) Any person who violates this subsection shall be guilty of a misdemeanor. (b)(1) It shall be unlawful for any minor to: (A) Purchase, attempt to purchase, or possess for personal use any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. This subparagraph shall not apply to possession of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products by a minor when a parent or guardian of such minor gives the cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to the minor and possession is in the home of the parent or guardian and such parent or guardian is present; or (B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. (2) A minor who commits an offense provided for in paragraph (1) of this subsection may be punished as follows: (A) By requiring the performance of community service not exceeding 20 hours; (B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking or tobacco use, provided such lecture or discussion is offered without charge to the minor; or (C) By a combination of the punishments described in subparagraphs (A) and (B) of this paragraph."

SECTION 3. Said article is further amended by revising subsection (a) of Code Section 16-12-172, relating to posting signs in places of business, as follows:
"(a) Any person owning or operating a place of business in which cigarettes, tobacco products, or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:
'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.' Such sign shall be printed in letters of at least one-half inch in height."

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SECTION 4. Said article is further amended by revising Code Section 16-12-173, relating to sales from vending machines, as follows:
"16-12-173. (a)(1) Any person who maintains in such person's place of business a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement: 'THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.' (2) Any person who maintains in such person's place of business a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall not dispense any other type of product, other than matches, in such vending machine.
(b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, for a first offense, the sentence shall be a fine not to exceed $300.00. (c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow a minor to operate a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. (d) The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12-171 shall apply to the operation by a minor of a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products.
(e)(1) The sale or offering for sale of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products from vending machines shall not be permitted except:
(A) In locations which are not readily accessible to minors, including but not limited to:
(i) Factories, businesses, offices, and other places which are not open to the general public; (ii) Places open to the general public which do not admit minors; and (iii) Places where alcoholic beverages are offered for sale; (B) In areas which are in the immediate vicinity, plain view, and under the continuous supervision of the proprietor of the establishment or an employee who will observe the purchase of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, and vapor products from the vending machine; and (C) In rest areas adjacent to roads and highways of the state.

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(2) Violation of this subsection shall be punished as provided in subsection (b) of this Code section for violation of subsection (a) of this Code section."

SECTION 5.
Said article is further amended by revising subsection (a) of Code Section 16-12-174, relating to distribution of tobacco product samples, as follows:
"(a) As used in this Code section, the term 'tobacco product sample' means a cigarette, tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost for purposes of promoting the product."

SECTION 6. Said article is further amended by revising subsection (b) of Code Section 16-12-175, relating to enforcement actions, collection and report of fines, inspections by law enforcement agencies, and annual report, as follows:
"(b) The state revenue commissioner, acting through special agents or enforcement officers, shall annually conduct random, unannounced inspections at locations where cigarettes, tobacco products, alternative nicotine products, or vapor products are sold or distributed to ensure compliance with this article. Persons under the age of 18 years may be enlisted to test compliance with this article; provided, however, that such persons may be used to test compliance with this article only if the testing is conducted under the direct supervision of such special agents or enforcement officers and written parental consent has been provided. Any other use of persons under the age of 18 years to test compliance with this article or any other prohibition of like or similar import shall be unlawful and the person or persons responsible for such use shall be subject to the penalties prescribed in this article. The state revenue commissioner shall prepare annually for submission by the Governor to the secretary of the United States Department of Health and Human Services the report required by section 1926 of subpart I of part B of Title XIX of the federal Public Health Service Act, 42 U.S.C. 300x-26."

SECTION 7. This Act shall become effective on July 1, 2014.

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

Approved April 15, 2014.

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PROFESSIONS AND BUSINESSES STATE GOVERNMENT EVIDENCE LOCAL GOVERNMENT GEORGIA STATE BOARD OF ACCOUNTANCY; COMPREHENSIVE REVISION; TRANSFER OF ADMINISTRATION.

No. 492 (House Bill No. 291).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that the Georgia State Board of Accountancy is transferred from being administratively attached to the Secretary of State to being a division within the State Accounting Office; to provide a short title; to add definitions; to change provisions within the chapter that governs the practice of public accountancy, so as to update terminology and practice to current usage; to provide the powers and duties of the board; to authorize the state accounting officer to employ an executive director; to provide the powers and duties of the executive director; to revise provisions for purposes of conformity; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to provide that the state accounting officer shall appoint the executive director of the Georgia State Board of Accountancy which shall be established as a division within the State Accounting Office; to amend Code Sections 24-5-501 and 36-81-8.1 of the Official Code of Georgia Annotated, relating to certain communications as privileged and definitions, grant certification forms, filings with the state auditor, forfeiture of funds for noncompliance, and no exemption from liability relative to local government budgets and audits, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-9, relating to point credit given to veterans taking examinations given by professional licensing boards, as follows:
"43-1-9. Any applicant taking an examination required by any professional licensing board except the Georgia Board of Nursing shall receive points in the following manner:
(1) Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were

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served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; (2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and (3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination."

SECTION 1-2. Said title is further amended by revising Chapter 3, relating to the "Public Accountancy Act of 1977," as follows:

"CHAPTER 3

43-3-1. This chapter shall be known and may be cited as the 'Public Accountancy Act of 2014.'

43-3-2. As used in this chapter, the term:
(1) 'Any other state' means a state other than Georgia, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Marianas Islands, or Guam. (2) 'Attest' means providing the following public accountancy services:
(A) Any audit to be performed in accordance with the professional standards adopted by the board's rules or regulations;

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(B) Any review of a financial statement to be performed in accordance with the professional standards adopted by the board's rules or regulations; (C) Any examination of prospective financial information to be performed in accordance with the professional standards for attestation engagements adopted by the board's rules or regulations; (D) Any engagement to be performed in accordance with the professional standards related to public companies adopted by the board's rules or regulations; and (E) Any examination, review, or agreed upon procedures engagement to be performed in accordance with the professional standards adopted by the board's rules or regulations, other than an examination of prospective financial information as described in subparagraph (C) of this paragraph. (3) 'Board' means the Georgia State Board of Accountancy. (4) 'Compilation' means providing a service to be performed in accordance with professional standards adopted by the board's rules or regulations that presents information in the form of financial statements that are the representation of management or owners without undertaking to express any assurance as to the statements. (5) 'CPA' means certified public accountant. (6) 'Executive director' means the individual appointed by the state accounting officer to serve as the chief executive officer of the board. (7) 'Firm' means any proprietorship, partnership, corporation, association, or any other legal entity which is practicing public accountancy. (8) 'Peer review' means a study, appraisal, or review of one or more aspects of the professional work of a licensee that provides attest or compilation services, by a licensee who is not affiliated with the individual or firm being reviewed. (9) 'Practice of public accountancy' or 'practicing public accountancy' means offering to perform or performing attest or compilation services or while holding oneself out in such manner as to state or imply that one is a licensee, offering to perform or performing for an individual or entity services involving: (A) The use of accounting or auditing skills; (B) Management advisory or other consulting services; (C) The preparation of tax returns; or (D) The furnishing of advice on tax matters. (10) 'State Accounting Office' means the office created under Code Section 50-5B-1. (11) 'State accounting officer' means the individual appointed by the Governor under Code Section 50-5B-1 to administer the State Accounting Office.

43-3-3. (a) The State Board of Accountancy on June 30, 2014, is continued in existence as the Georgia State Board of Accountancy, and members serving on the State Board of Accountancy on June 30, 2014, shall continue to serve out his or her term of office on the

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Georgia State Board of Accountancy and until his or her respective successors are appointed and qualified. (b) The board shall have all of the duties, powers, and authority granted by or necessary for the enforcement of this chapter. (c) On and after July 1, 2014, the board shall be a division within the State Accounting Office and shall not be considered a division as such term is defined in Code Section 43-1-1. The board shall neither be under the jurisdiction of the Secretary of State nor be under the direction of the director of the Professional Licensing Boards Division of the Secretary of State. The board shall not be subject to the provisions of Chapter 1 of this title. (d) The state accounting officer shall fix the compensation of an executive director. The executive director shall serve at the pleasure of the state accounting officer. The executive director shall have those duties and powers prescribed by the board with the approval of the state accounting officer and as further set forth in Code Section 43-3-6. (e) The venue of any action involving members of the board shall be the county in which is found the primary office of the State Accounting Office. The executive director shall not be considered a member of the board in determining the venue of any such action, and no court shall have jurisdiction over any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.

43-3-4. (a) The board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate. Each member of the board shall be a resident of this state. Six members of the board shall be certified public accountants, all of whom shall be licensed in this state. One member of the board shall be appointed from the public at large and shall be an individual to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accountancy. (b) Each member of the State Board of Accountancy in office on June 30, 2014, shall remain in office until the expiration of his or her term and the appointment and approval of his or her successor. (c) Any appointment or reappointment of board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the approval of the Senate. Upon the expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and qualified. (d) No member of the board shall serve as such for more than two terms, consecutive or otherwise; and, for purposes of calculating the number of terms served, the filling of an unexpired term or terms for a total of more than 30 calendar months shall be treated as the serving of a full term.

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(e) Any member of the board may be removed by the Governor for misconduct, incompetence, neglect of duty, or inability to perform the duties required of members. The membership on the board of any member whose license in this state has expired and has not been renewed, has become void, or has been revoked or suspended shall be automatically terminated simultaneously with any such expiration, voiding, revocation, or suspension. (f) Each member of the board may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a vehicle as that received by other employees of this state or a travel allowance of actual transportation costs if traveling by public carrier. Each board member may be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member subject to the approval of the executive director. For each day's service in any other state as a board member, such member may receive actual expenses as an expense allowance. Expense vouchers submitted by board members shall be subject to approval by the executive director. A board member's travel outside of this state shall be allowed if such travel was approved by the executive director.

43-3-5. (a) The board shall elect annually a chairperson from its members. (b) The executive director shall serve as secretary of the board. (c) The chairperson shall determine the date, time, and location of board meetings. Board meetings shall be held at the site of the primary office of the State Accounting Office unless otherwise specified by the chairperson. The chairperson shall provide three days' notice of any meeting; provided, however, that notice may be waived by instrument in writing executed before or after the meeting; provided, further, that attendance at a meeting of the board shall constitute a waiver of notice thereof. The chairperson may delegate the responsibility of setting the location, date, and time of board meetings and providing notice of meetings to the executive director. Board meetings may be conducted by audio or video conference calls, and participation in such a conference call shall constitute attendance at the meeting so conducted. Any action that might have been taken at a meeting of the board may be taken by the unanimous written consent of all members of the board. (d) A majority of the members of the board shall constitute a quorum for the transaction of business of the board. (e) The board shall have a seal which shall be judicially noticed. (f) The board shall preserve all applications and keep records of all of its proceedings for six years. In any proceeding in court, civil or criminal, arising out of or founded upon this chapter, copies of the records of the board's proceedings signed by a member of the board and certified as correct under the seal of the board by the executive director shall be admissible in evidence in any court of this state without further proof.

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43-3-6. (a) The executive director shall:
(1) Be a full-time employee of the State Accounting Office and shall serve as the secretary of the board. He or she shall be an individual of good moral character and shall possess such qualifications as the board, with the approval of the state accounting officer, may require; (2) Take an oath to discharge faithfully the duties of the office; (3) Keep all records related to the board; (4) With the approval of the state accounting officer, employ and fix the compensation of individuals as deemed necessary to assist in the duties of the board. If an employee will serve as an investigator, he or she shall have a level of experience or knowledge of the area of practice needing to be examined or investigated, including but not limited to accounting, auditing, and taxes, that is acceptable to the board; (5) Prepare and maintain a public roster containing the names and business addresses of all current licensees and individuals registered as foreign accountants. A copy of such roster shall be available upon request at a fee prescribed by the board sufficient to cover the cost of printing. (6) Schedule the time and location for all examinations and hearings; (7) Maintain a schedule of all meetings and hearings of the board that shall be available for public review; and (8) Make a report to the Governor on or before the second Tuesday in January of each year covering the activities of the board for the previous calendar year, which shall be made available to any member of the General Assembly upon request. (b) With the approval of the state accounting officer, the executive director may contract with any person or agency who is not an employee of the State Accounting Office to implement any provision of this chapter and to fulfill the responsibilities of the board. (c) The executive director and other board employees shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of their duties in the same manner as other employees of this state and shall receive payment of the same in the manner provided for the board.

43-3-7. The board by rule or regulation shall be authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged by rule or regulation. Fees shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the board shall approximate the total of the direct and indirect costs for the operation of the board. Fees may be refunded for good cause, as determined by the executive director.

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43-3-8. (a) The board may promulgate and amend, from time to time, such rules or regulations, consistent with this chapter and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' as it deems consistent with or required for the public welfare, for the administration of any provision of this chapter, or for the orderly conduct of the board's affairs. Such rules or regulations may include, without limiting the generality of the foregoing:
(1) Procedure for governing the conduct of matters before the board; (2) Professional conduct for establishing and maintaining high standards of competence and integrity in the practice of public accountancy; (3) Continuing professional education requirements for licensure as a certified public accountant; (4) Governance of individuals or firms engaged in this state in the practice of public accountancy; (5) Governance of firms established or maintained for the practice of public accountancy in this state and the conditions upon which licensure shall be granted, including any requirements that the board may deem necessary to monitor the practice of public accountancy to determine whether acceptable standards of competence and integrity in the practice of public accountancy are being maintained; and (6) Any and all other rules or regulations which the board deems necessary or appropriate in exercising its functions under this chapter. (b) The board shall adopt rules or regulations setting the professional standards in performing attest and compilation services, taking into account the American Institute for Certified Public Accountants Statements on Auditing Standards, the Statements on Standards for Accounting and Review Services, the Statements on Standards for Attestation Engagements, and the standards of the Public Company Accounting Oversight Board. (c) Prior to the adoption, amendment, or repeal of any rule or regulation, the board shall give notice of its intended action in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In connection with any rule-making proceeding, formal or informal, the board shall have the power to conduct hearings as provided in, and in accordance with, Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' No such notice shall be required prior to the adoption, amendment, or repeal of any interpretive rules, regulations, or general statements of policy, provided that such rules, regulations, or general statements shall be advisory only.

43-3-9. (a) As used in this Code section, the term 'good moral character' means fiscal integrity and a lack of any history of acts involving dishonesty or moral turpitude. (b) The certificate of certified public accountant shall be granted by the board to any individual:
(1) Who has attained the age of 18;

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(2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience:
(A)(i) Presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board determines to be the substantial equivalent of an accounting concentration, or with a nonaccounting concentration supplemented by what the board determines to be the substantial equivalent of an accounting concentration, including related courses in other areas of business administration. (ii) After January 1, 1998, any individual who has not previously sat for the uniform written examination for the certificate of certified public accountant must have completed a total of 150 semester hours or 225 quarter hours of college education, including a baccalaureate degree awarded by a college or university accredited by either a national or regional accrediting organization recognized by the board. The total educational program shall include an undergraduate accounting concentration as defined by the board or what the board determines to be the substantial equivalent of an undergraduate accounting concentration; and (B) One year of continuous experience in the accounting field relevant to the practice of public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule or regulation; provided, however, that the board may promulgate rules or regulations stating certain circumstances which shall constitute acceptable breaks in the continuity of such experience; provided, further, that the board may accept, in lieu of such year of experience in public accounting, evidence satisfactory to it of one year of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of employment in such fields; or any combination of employment in such fields and the practice of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any individual certificated as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed an examination approved by the board in such related subjects as the board deems appropriate. (c) If the board determines that an applicant lacks good moral character, the board may refuse to certify an applicant when it finds by clear and convincing evidence that there is a substantial connection between the lack of good moral character of the applicant and the potential professional responsibilities of such applicant. When an applicant is found to be unqualified for a certificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a complete listing of the

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evidence upon which the determination was based, and the applicant may request a hearing on that determination. (d) Any individual or firm who holds a license as a certified public accountant and who is engaged in the sale of insurance or financial products for which such individual or firm receives commissions shall disclose in writing to the client the fact that the individual or firm will receive commissions from the sale to the client of any such insurance or financial products; provided, however, that the individual or firm shall not be required to disclose the actual amount of such commissions.

43-3-10. (a) The board may provide, by rule or regulation, for the general scope of the examination described in paragraph (4) of subsection (b) of Code Section 43-3-9. The board may approve the examination and obtain advice and assistance in providing for and grading such examination and the executive director, with approval of the board, may contract with third parties to perform administrative services with respect to the examination as he or she deems appropriate. (b) As a prerequisite to sit for the examination, applicants shall meet the education requirements provided in division (b)(3)(A)(ii) of Code Section 43-3-9. (c) An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 shall not use the CPA title or hold himself or herself out as a certified public accountant until he or she has the requisite education and experience and has received his or her certificate and license as a certified public accountant. (d) The board, by rule or regulation, may provide for granting a credit to any applicant for satisfactory completion of an examination in any one or more of the subjects provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 given by the licensing authority in any other state. Such rules or regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the examination approved by the board at the time of the granting of such credit. (e) The board, by rule or regulation, may prescribe the time and conditions under which an applicant may retain credit for a portion or portions of the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9.

43-3-11. Any individual who has received a certificate as a certified public accountant from the board and who holds a license may be styled and known as a 'certified public accountant.' Any certified public accountant may also be known as a 'public accountant.'

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43-3-12. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 and may issue a certificate as a certified public accountant to any individual who possesses the qualifications specified in paragraphs (1) and (2) of subsection (b) of Code Section 43-3-9 and what the board determines to be the substantial equivalent of the qualifications under paragraph (3) of subsection (b) of Code Section 43-3-9 and who is a holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of any other state; provided, however, that the certificate held by such individual was issued by any other state after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examinations administered pursuant to paragraph (4) of subsection (b) of Code Section 43-3-9; and provided, further, that such privileges are extended to citizens of this state by any other state that originally granted the certificate. Notwithstanding the foregoing, the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 shall be waived by the board in the case of an applicant who has been engaged in public practice for a period of ten years in any other state pursuant to the authority of such state.

43-3-13. Individuals who hold certified public accountant certificates, live permits, or licenses issued prior to July 1, 2014, under the laws of this state as they existed on June 30, 2014, shall not be required to undergo recertification or relicensure under this chapter but shall otherwise be subject to all applicable provisions of this chapter. Such certificates, live permits, and licenses issued prior to July 1, 2014, shall be considered certificates, live permits, and licenses issued under and subject to this chapter for all purposes.

43-3-14. Application for certification by individuals who are not residents of this state shall constitute the appointment of the executive director as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accountancy in this state by such nonresident holders of certified public accountant certificates.

43-3-15. Any individual who was registered with the board on or before July 1, 1989, as a foreign accountant based on being a holder in good standing of a certificate, license, or degree in a foreign country constituting a recognized qualification for the practice of public accountancy in such country shall be eligible to renew his or her license under such terms and conditions as provided by this chapter and the rules or regulations of the board. Such registered foreign accountant shall be subject to the provisions of this chapter and rules or regulations of the board, including, but not limited to, those concerning continuing

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professional education requirements and disciplinary actions. Should such registered foreign accountant fail to renew his or her license or have such license revoked or suspended, the board may reinstate such registered foreign accountant under the terms and conditions determined by the board.

43-3-16. (a) The board shall grant or renew the license of a firm practicing public accountancy to firms that meet the following requirements:
(1)(A) Partners, members, or shareholders owning at least a simple majority of the financial interest and voting rights of the firm shall be certified public accountants of this state or any other state in good standing, except that such partners, members, or shareholders who are certified public accountants and whose office location designated by such partners, members, or shareholders who are certified public accountants for purposes of substantial equivalency and reciprocity is in this state and who perform accounting services in this state shall be required to hold a license from this state. (B) An individual who has substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 who performs services for which a firm licensure is required under paragraph (4) of subsection (b) of Code Section 43-3-18 shall not be required to obtain a certificate or license under this chapter; (2) The firm shall be in compliance with all requirements and provisions of law governing the organizational form of the firm in any other state that is the firm's office location designation for purposes of substantial equivalency and reciprocity; (3) The firm shall comply with all rules or regulations pertaining to firms licensed by the board; (4) The resident manager, as such term is defined in the board's rules or regulations, of each office of the firm within this state in the practice of public accountancy shall be a certified public accountant of this state in good standing; (5) Any firm that includes nonlicensee owners shall comply with the following rules: (A) The firm shall designate the holder of a license in this state, or in the case of a firm which is required to be licensed pursuant to subparagraph (b)(1)(C) of this Code section, a licensee of any other state who meets the substantial equivalency practice privileges requirements set forth in subsection (b) of Code Section 43-3-18, who shall be responsible for the proper licensure of the firm and shall identify that individual to the board; (B) All nonlicensee owners shall provide services or perform functions in the firm or the firm's affiliated entities; and (C) The firm shall comply with such other requirements as the board may impose by rule or regulation; (6) Any holder of a license in this state and any individual who qualifies for substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 who is responsible for supervising attest or compilation services and signs or authorizes someone

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to sign the accountant's report on the financial statements on behalf of the firm shall meet the competency requirements set by the board for such services; and (7) Any holder of a license in this state and any individual who qualifies for substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 who signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm shall meet the competency requirements set by the board. (b)(1) The following firms shall be required to be licensed under this Code section:
(A) Any firm with a physical office in this state practicing public accountancy; (B) Any firm with a physical office in this state that uses the title 'CPA' or 'CPA firm'; and (C) Any firm that does not have a physical office in this state but performs any service described in subparagraph (A), (C), or (D) of paragraph (2) of Code Section 43-3-2 for a client that specifies a location in this state to which such service is directed. (2) A firm that does not have a physical office in this state may perform services described in subparagraph (B) of paragraph (2) or paragraph (4) of Code Section 43-3-2 for a client that specifies a location in this state to which any service described in subparagraph (A), (C), or (D) of paragraph (2) of Code Section 43-3-2 is directed and may use the title 'CPA' or 'CPA firm' without being licensed as provided in this Code section only if: (A) It meets the qualifications described in paragraph (1) of subsection (a) of this Code section; (B) It complies with the board's rules or regulations regarding peer review; and (C) It performs such services through an individual with substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18. (3) A firm that does not have a physical office in this state and that is not subject to the requirements of subparagraph (C) of paragraph (1) or paragraph (2) of this subsection may perform other professional services, as such services are defined in the board's rules or regulations, included in the practice of public accountancy while using the title 'CPA' or 'CPA firm' in this state without being licensed under this Code section only if: (A) It performs such services through an individual with substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18; and (B) It can lawfully perform such services in any other state where such individuals with substantial equivalency practice privileges have their office location designated by such individuals for purposes of substantial equivalency and reciprocity. (c) Each firm required to be licensed under paragraph (1) of subsection (b) of this Code section shall be licensed biennially under this chapter with the board, provided that any firm for which such requirement becomes effective between biennial reporting periods shall become licensed with the board within 60 days. Such a firm shall be required to show that all attest and compilation services rendered in this state are under the supervision of an individual holding a license issued by the board or an individual with substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18. The board,

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by rule or regulation, shall prescribe the procedure to be followed in effecting such licensure and the information which shall be required to be provided regarding the firm and its practice. (d) A licensed firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices in this state. Each such office shall be under the supervision of a resident manager who may be a partner, principal, shareholder, member, or a staff employee holding a license in this state. (e) Neither the denial of a firm license under this Code section nor the denial of the renewal of a firm license under Code Section 43-3-17 shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests.

43-3-17. (a) In each renewal year, each firm licensed in this state pursuant to Code Section 43-3-16 which has issued an attest or compilation report within the 24 months preceding the date of expiration of the firm's license shall submit, with the application for renewal, evidence of satisfactory completion of a board approved peer review within the 36 months preceding the date of such firm's license expiration. Satisfactory completion shall mean that the firm has undergone the entire peer review process and that the report of the peer review indicates that the firm maintains acceptable standards of competence and integrity in the practice of public accountancy. Firms which have not issued an attest or compilation report within the 24 months preceding the date of the firm's license expiration shall submit written confirmation of such fact with the application for the firm's license renewal. The board may waive or modify the requirements of this subsection in cases of hardship or other such circumstances which the board deems appropriate. The provisions of this subsection shall not apply to the practice of an enrolled agent before the federal Internal Revenue Service or the Department of Revenue if the enrolled agent is not otherwise engaged in the practice of public accountancy in this state. (b) No firm shall be licensed in this state which shall have failed to comply with the provisions of this Code section, applicable requirements of law, and rules or regulations promulgated by the board. (c) This Code section shall be construed to apply only to firms required to be licensed under this chapter.

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43-3-18. (a) A license to engage in the practice of public accountancy in this state shall be issued by the executive director, at the direction of the board, to each individual who is certificated as a certified public accountant under Code Section 43-3-9 or 43-3-12 or registered as a foreign accountant under Code Section 43-3-15 who shall have furnished evidence, satisfactory to the board, of compliance with the continuing professional education requirements of Code Section 43-3-19, and to firms licensed under Code Section 43-3-16, provided that such firms are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17. There shall be a biennial license fee in an amount to be determined by the board. (b) Individuals may practice under substantial equivalency practice privileges as follows:
(1) An individual whose office location designation by such individual for purposes of substantial equivalency and reciprocity is in any other state shall be presumed to have qualifications substantially equivalent to this state's requirements, shall have all the privileges of license holders of this state, and may practice public accountancy in this state without the requirement to obtain a license under this chapter or to otherwise notify the board or pay any license fee if the individual:
(A) Holds a current license as a certified public accountant from any other state which requires, as a condition of licensure, that an individual:
(i) Has at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university; (ii) Achieves a passing grade on the Uniform Certified Public Accountant Examination; and (iii) Possesses at least one year of experience, including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, which may be obtained through government, industry, academic, or public practice all of which was verified by a licensee; or (B) Holds a current license as a certified public accountant from any other state which does not meet the requirements of subparagraph (A) of this paragraph but such individual's certified public accountant qualifications are substantially equivalent to those requirements. Any individual who passed the Uniform Certified Public Accountant Examination and holds a current license issued by any other state prior to January 1, 2012, may be exempt from the education requirement in division (1)(A)(i) of this subsection for purposes of this subparagraph; (2) Notwithstanding any other provision of law, an individual who offers or renders professional services, as such services are defined in the board's rules or regulations, whether in person or by mail, telephone, or electronic means, under this Code section shall be granted substantial equivalency practice privileges in this state and no notice, license, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of paragraph (3) of this subsection;

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(3) An individual licensee of any other state exercising the privilege afforded under this subsection, and any firm that employs such individual, shall simultaneously consent, as a condition of exercising this privilege:
(A) To the personal and subject matter jurisdiction and disciplinary authority of the board; (B) To comply with the provisions of this chapter and the board's rules or regulations; (C) That in the event the individual's license issued by any other state designated by such individual for purposes of substantial equivalency and reciprocity is not current, the individual shall cease practicing public accountancy in this state individually and on behalf of a firm; and (D) To the appointment of the board that issued the individual's license as the individual's agent upon whom process may be served in any action or proceeding by this state's board against the individual; (4) An individual who qualifies for the substantial equivalency practice privileges under this Code section who, for a client who specifies a location in this state to which any service under subparagraph (A), (C), or (D) of paragraph (2) of Code Section 43-3-2 is directed, may only perform such services through a firm that is licensed with the board under Code Section 43-3-16; and (5) An individual qualifying for the substantial equivalency practice privileges under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with Code Section 24-7-702 for purposes of such services. (c) Subsection (b) of this Code section shall not be applied or construed to allow an individual to engage in the practice of public accountancy in this state based on substantial equivalency practice privileges unless such individual holds a current license as a certified public accountant in any other state which grants similar reciprocity to license holders in this state.

43-3-19. (a) When an individual for one year or more has been certificated as a certified public account or was registered as a foreign accountant in this state before July 1, 1989, and has maintained licensure under such status, his or her application for renewal of a license shall be accompanied or supported by such evidence as the board shall prescribe of satisfactory completion of continuing professional education as provided in this Code section, provided that the board may relax or suspend requirements of continuing professional education in instances where an applicant's health requires it or in instances of individual hardship. (b) The board shall be authorized to promulgate rules or regulations providing for continuing professional education which shall include:
(1) The number of hours of acceptable continuing professional education, which shall not be less than 60 hours, required to renew a license;

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(2) The assignment of credit for hours in excess of the minimum continuing professional education requirement; (3) The proration of required continuing professional education hours; (4) Criteria for continuing professional education programs; (5) Accreditation of continuing professional education programs; and (6) The assignment of credits for participation in continuing professional education programs. (c) All provisions of this chapter relating to continuing professional education shall be administered by the board; and, in addition to the other powers conferred on the board by this chapter, the board shall have the authority to appoint a committee or committees composed of certified public accountants, as it deems appropriate, to administer, implement, and otherwise carry out the provisions of this chapter relating to continuing professional education. The board may enter into agreements with sponsors to provide continuing professional education. (d) Any licensee who has attained the age of 70 shall be exempt from the continuing professional educational requirements of this Code section and paragraph (1) of Code Section 43-3-24.

43-3-20. (a) The executive director shall be vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, electronically stored information, or other material relating to the fitness of any licensee or applicant. The executive director or his or her appointed representative may issue subpoenas to compel access to any writing, document, electronically stored information, or other material upon a determination that reasonable grounds exist for the belief that a violation of this chapter may have occurred. (b) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the executive director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or licensing authority. (c) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by such licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has occurred, regardless of any statutory privilege; provided, however, that any documentary or electronic evidence relating to a person who received such services shall be reviewed in camera and shall not be subject to Article 4 of Chapter 18 of Title 50.

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(d) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel for such licensee or applicant. (e) An individual may file a complaint against a licensee or applicant by submitting his or her complaint to the board or the executive director. When a complaint is filed, within 30 days after the conclusion of the investigation of such complaint, the executive director shall notify the complainant of the disposition of such complaint. In addition, the executive director shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending. (f) An individual, firm, association, authority, or other entity shall be immune from civil liability and criminal prosecution for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of this chapter relating to a licensee's or applicant's fitness to practice a business or profession licensed under this chapter or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any individual who testifies or makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of this chapter relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil liability and criminal prosecution for so testifying. (g) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the licensee or applicant shall be allowed to appear before the board if he or she so requests. The board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any individual except the licensee or applicant. (h) If a licensee or applicant after reasonable notice fails to appear at any hearing of the board for such licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the executive director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the executive director, or his or her designee, shall be deemed to be service upon the licensee or applicant.

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(i) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of such license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license in the practice of public accountancy and, as a condition thereof, may impose any disciplinary sanction provided by this chapter.

43-3-21. (a) After notice and hearing as provided in Code Section 43-3-23, the board may revoke or suspend any certification issued under Code Section 43-3-9 or 43-3-12 or a registration issued under Code Section 43-3-15 or may revoke, suspend, or refuse to renew any license or may censure the holder of any such license, or may forbid an individual from exercising the substantial equivalency practice privileges, for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes:
(1) Violation of any rule, regulation, or order promulgated by the board in accordance with this chapter; (2) Fraud or deceit in obtaining certification as a certified public accountant, in obtaining certification under this chapter, or in obtaining a license; (3) Violation of any of the provisions of this chapter; (4) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (5) Commission of a felony under the laws of this state or any other state or of the United States; (6) Commission of any crime, an element of which is dishonesty or fraud, under the laws of this state or any other state or of the United States; (7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or as a public accountant by any other state for any cause other than voluntary withdrawal or failure to pay a licensing fee in such other state; (8) Suspension or revocation of the right to practice any profession before any state or federal agency; (9) Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-19 or to meet any conditions with respect to continuing professional education which the board may have ordered under Code Section 43-3-19; (10) Conduct which discredits the accounting profession; or (11) Failure of such holder's firm to renew its license under Code Sections 43-3-16 and 43-3-17 or the failure of such firm to comply with any of the provisions of Code Section 43-3-17. (b) An individual, firm, association, authority, or other entity shall be immune from civil liability and criminal prosecution for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice public

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accountancy or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any individual who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice public accountancy shall be immune from civil liability and criminal prosecution for so testifying.

43-3-22. (a) After notice and hearing, as provided in Code Section 43-3-23, the board, may revoke the license to practice of a firm if at any time it does not have all the qualifications prescribed by the Code section under which it qualified for licensure. (b) After notice and hearing as provided in Code Section 43-3-23, the board may revoke or suspend the license of a firm or may revoke, suspend, or refuse to renew its license or may censure the holder of any license for any of the following causes in addition to those enumerated in Code Section 43-3-21:
(1) The revocation or suspension of the certificate or license or the revocation, suspension, or refusal to renew the license to practice of any partner, member, or shareholder required by law to have such certificate or license as a condition to the firm's licensure; (2) The cancellation, revocation, suspension, or refusal to renew the authority of the firm, or any partner, member, or shareholder thereof, to practice public accountancy in any other state for any cause other than voluntary withdrawal or failure to pay licensing fees in such other state; or (3) The failure of such firm to become licensed or renew its license under Code Section 43-3-16 or the failure of such firm to comply with any of the provisions of Code Section 43-3-17.

43-3-23. (a) The board may initiate proceedings under this chapter either on its own motion or on the complaint of any person. (b) Notice, rules of procedure, right to review, and any other matters arising with respect to all adjudicative hearings conducted by the board shall be determined in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) Before the board shall revoke or suspend a license, a certificate, or substantial equivalency practice privileges, it shall provide for a hearing for the holder of such license, certificate, or practice privileges in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case shall be entitled to judicial review in accordance with Chapter 13 of Title 50.

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(d) Initial judicial review of a final decision of the board shall be held solely in the superior court of the county of domicile of the State Accounting Office.

43-3-24. After notice and hearing as provided in Code Section 43-3-23, the board may impose any one or more of the following sanctions in addition to the actions described in Code Sections 43-3-21, 43-3-22, and 43-3-25 for any of the causes described in Code Sections 43-3-21, 43-3-22, and 43-3-25:
(1) Require the licensee to complete successfully the specific courses or types of continuing professional education as specified by the board in accordance with Code Section 43-3-19 or pass special examinations as specified by the board, all at the cost and expense of the licensee; (2) Require the licensee or firm holding a license to submit to a preissuance review prior to the issuance of any future reports, in a manner and for a duration as set by the board by a reviewer selected by the board at the licensee's cost and expense; or (3) Require a licensee or firm holding a license to submit to a peer review of its accounting and auditing practices upon such terms and conditions as shall be determined by the board at the cost and expense of such licensee.

43-3-25. (a) Upon a finding by the board that an individual or firm governed by this chapter has violated any rule, regulation, or order promulgated by the board or any provision of this chapter, the board may impose a civil penalty, not to exceed $5,000.00 for each violation. (b) In determining the amount of the penalty to impose for a violation, the board shall consider:
(1) The seriousness of the violation, including: (A) The nature, circumstances, extent, and gravity of any prohibited act; and (B) The hazard or potential hazard to the public;
(2) The economic damage to property caused by the violation; (3) The history of any previous violation by the individual or firm; (4) The amount necessary to deter a future violation; (5) Any efforts on the part of the individual or firm to correct the violation; and (6) Any other matter that justice may require. (c) The board by rule or regulation may adopt a schedule for purposes of this Code section that prescribes ranges in the amounts of civil penalties to be imposed for specified types of conduct and circumstances.

43-3-25.1. (a) The following shall be available to an applicant, the board, and the board's employees and agents, but shall be treated as confidential, not subject to Article 4 of Chapter 18 of Title 50, and shall not be disclosed without the approval of the board:

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(1) Applications and other personal information submitted by applicants; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant; and (3) Examination questions and other examination materials. (b) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes, shall be treated as confidential and not subject to Article 4 of Chapter 18 of Title 50; provided, however, that such deliberations may be released only to a federal enforcement agency or licensing authority or any other state's enforcement agency or licensing authority. (c) Releasing the documents pursuant to this Code section shall not subject any otherwise privileged documents to the provisions of Article 4 of Chapter 18 of Title 50.

43-3-26. The executive director shall be authorized to provide to any licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by the board or licensee of the board notwithstanding the provisions of subsection (b) of Code Section 43-3-20 or any other law to the contrary regarding the confidentiality of that information; provided, however, that such information shall only be shared after receiving written confirmation from the recipient authority that it assures preservation of confidentiality and the licensee has been given reasonable notice that the information shall be provided to another entity. Nothing in this chapter shall be construed to prohibit or limit the authority of the executive director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by the board.

43-3-27. (a) Any individual issued a license or certification under this chapter or providing services under substantial equivalency practice privileges and convicted under the laws of this state, the United States, any other state, or any other country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 shall be required to notify the board of such conviction within 30 days of such conviction. The failure of such individual to notify the board of a conviction shall be considered grounds for revocation of his or her license or other authorization issued pursuant to this chapter. (b) The board may suspend the license of an individual who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. Prior to the suspension, the licensee shall be entitled to notice of the board's intended action and opportunity to appear before the board. A suspension of a license under this Code section is not a contested case under Chapter 13

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of Title 50, the 'Georgia Administrative Procedure Act.' A license suspended under this Code section shall not be reinstated or reissued until the individual provides the board a written release issued by the reporting agency stating that the individual is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If the individual has continued to meet all other requirements for licensure during the period of suspension, reinstatement of the license shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose.

43-3-28. Upon written application after a hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may recertificate a certified public accountant or reregister a foreign accountant whose certification or registration has been revoked or may reissue or modify the suspension of a license or substantial equivalency practice privileges which have been revoked or suspended.

43-3-29. (a) All statements, records, schedules, working papers, computer printouts, computer tapes, and memoranda made by a certified public accountant incident to, or in the course of, professional service to clients by such certified public accountant, except reports submitted by a certified public accountant to a client, shall be and remain the property of such certified public accountant and his or her partners, fellow shareholders, or fellow members of the firm, in the absence of an express agreement between such certified public accountant and his or her client to the contrary. No such statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving partners, fellow shareholders, or fellow members of the firm of such certified public accountant. (b) All communications between a certified public accountant or employee of such certified public accountant acting in the scope of such employment and the person for whom such certified public accountant or employee shall have made any audit or other investigation in a professional capacity and all information obtained by a certified public accountant or such an employee in his or her professional capacity concerning the business and affairs of clients shall be deemed privileged communications in all courts or in any other proceedings whatsoever; and no such certified public accountant or employee shall be permitted to testify with respect to any of such matters, except with the written consent of such person or client or such person's or client's legal representative; provided, however, that nothing in this subsection shall be construed as prohibiting a certified public accountant or such an employee from:
(1) Disclosing any data required to be disclosed by the standards of the accounting profession in rendering an opinion on the presentation of financial statements or in

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making disclosure where the practices or diligence of the accountant in preparing, or in expressing an opinion upon, such financial statements are contested; (2) Disclosing any data when the practice of public accountancy by the accountant is being contested by or against the client for whom the practice of public accountancy was performed or any representative or assignee of such client; (3) Disclosing any data to other certified public accountants or employees thereof in connection with practice reviews and ethics reviews sponsored by professional groups, the purpose of which reviews is to survey such accountant's business practices, audits, and work papers or to review ethical considerations concerning such accountant; or (4) Disclosing any data pertaining to an application, investigation by the board, or hearing on its behalf, so long as such data shall be received by the board in camera and shall not be disclosed to the public; and provided, further, that no disclosure provided for in this paragraph shall constitute a waiver of the privilege established in this subsection. (c) The proceedings of and data obtained through peer review or by the board pursuant to paragraph (3) of subsection (b) of this Code section shall not be subject to discovery or introduction into evidence in any civil action, except in a hearing before the board, against a certified public accountant for matters which are the subject of evaluation and review by such peer review or the board; and no individual who was in attendance at a meeting of such peer review or the board shall be permitted or required to testify in any such civil action, except in a hearing before the board, as to any evidence or the matters produced or presented during the proceedings of such peer review or the board or as to any findings, recommendations, evaluations, opinions, or actions of such peer review or the board or any members thereof; provided, however, that any information, documents, or records otherwise available from original sources shall not be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such peer review or the board; and provided, further, that no individual who testifies before such peer review or the board or who is a member of such peer review or the board shall be prevented from testifying as to matters within his or her knowledge, provided that such witness may not be questioned regarding such witness's testimony before such peer review or the board or opinions formed by the witness as a result of such hearings of such peer review or the board.

43-3-30. (a) Whenever, in the judgment of the board, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter, the board may make application to the superior court of the county in which such acts or practices have occurred or may be reasonably expected to occur for an order enjoining such acts or practices; and upon a showing by the board that such person has engaged or is about to engage in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court.

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(b) The Attorney General shall assist in the enforcement of this chapter. The board is authorized to retain such attorneys as it deems necessary, with the approval of the Attorney General, to assist the board in bringing any action authorized by law. (c) The electronic, printed, engraved, or written display or uttering by a person of a card, sign, advertisement, instrument, or other device bearing an individual's name in conjunction with the words 'certified public accountant' or any abbreviation thereof shall be prima-facie evidence in any action brought under this Code section or Code Section 43-3-34 that the individual whose name is so displayed caused or procured the electronic, printed, engraved, or written display or uttering of such card, sign, advertisement, instrument, or other device and that such individual is holding himself or herself out to be a certified public accountant holding a license or otherwise claims to be qualified to use such title by virtue of the substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 or of the firm practice provisions of subsection (b) of Code Section 43-3-16. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct.

43-3-31. (a) No individual shall assume or use the title or designation 'certified public accountant' or the abbreviation 'CPA' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a certified public accountant unless such individual has received a certificate as a certified public accountant under this chapter, holds a license, and all of such individual's physical offices in this state are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17, provided that a foreign accountant who has registered under Code Section 43-3-15 and who holds a license may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (b) No firm shall assume or use the title or designation 'certified public accountant' or the abbreviation 'CPA' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm is composed of certified public accountants unless such firm is licensed as a firm of certified public accountants under Code Section 43-3-16, and all physical offices of such firm in this state are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17. (c) No individual or firm shall assume or use:
(1) Any title or designation likely to be confused with 'certified public accountant,' including, without limiting the generality of the foregoing, 'certified accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public accountant,' or 'registered accountant'; or (2) Any abbreviation likely to be confused with 'CPA,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,'

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provided that a foreign accountant registered under Code Section 43-3-15 who holds a license in this state and all of whose physical offices in this state are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (d) No individual shall sign or affix his or her name or any trade assumed name used by him or her in his or her profession or business to any opinion or certificate that states or implies assurance as to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, rules, regulations, grants, loans, and appropriations, together with any wording accompanying, contained in, or affixed on such opinion or certificate, which indicates that he or she has expert knowledge in accounting or auditing unless he or she holds a license and all of his or her physical offices in this state are maintained and licensed under Code Sections 43-3-16 and 43-3-17, provided that this subsection shall not prohibit any officer, employee, partner, member, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of such organization with any wording designating the position, title, or office which he or she holds in such organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such. (e) No individual shall sign or affix, or cause to be signed or affixed, a firm name to any opinion or certificate that states or implies assurance as to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, rules, grants, loans, and appropriations, together with any wording accompanying or contained in such opinion or certificate, which indicates that such firm is composed of or employs individuals having expert knowledge in accounting or auditing unless the firm holds a license and all of its physical offices in this state are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17. (f) A licensee shall not use or participate in the use of any form of public communication having reference to his or her practice of public accountancy which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes, but shall not be limited to, a statement or claim which:
(1) Contains a misrepresentation of fact; (2) Is likely to mislead or deceive because it fails to make full disclosure of relevant facts; (3) Contains any testimonial, laudatory, or other statement or implication that the licensee's practice of public accountancy is of exceptional quality, if not supported by verifiable facts;

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(4) Is intended or likely to create false or unjustified expectations of favorable results; (5) Implies educational or professional attainments or licensing recognition not supported in fact; (6) States or implies that the licensee has received formal recognition as a specialist in any aspect of the practice of public accountancy, except in accordance with rules or regulations adopted by the board; (7) Represents that the practice of public accountancy can or will be completely performed for a stated fee when this is not the case or makes representations with respect to fees for such services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or (8) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived. (g) The board may by rule or regulation prohibit a licensee from soliciting by any direct personal communication an engagement to practice public accountancy. (h) It shall not be a violation of this Code section or chapter for an individual who does not hold a license under this chapter but who qualifies for the substantial equivalency practice privileges under subsection (b) of Code Section 43-3-18 to use the title or designation 'certified public accountant' or 'CPA' or other titles to indicate that the individual is a certified public accountant, and such individual may engage in the practice of public accountancy in this state with the same privileges as a license holder so long as the individual complies with paragraph (4) of subsection (b) of Code Section 43-3-18. (i) It shall not be a violation of this Code section or chapter for a firm that has not obtained a license under this chapter and that does not have an office in this state to use the title or designation 'certified public accountant' or 'CPA' or other titles to indicate that the firm is composed of certified public accountants, and such firm may engage in the practice of public accountancy in this state with the same privileges as a firm with a license so long as it complies with subsection (b) of Code Section 43-3-16.

43-3-32. (a) Nothing contained in this chapter shall prohibit any individual who is not a certified public accountant from serving as an employee of or an assistant to a certified public accountant or firm of certified public accountants holding a license or a foreign accountant registered under Code Section 43-3-15 and holding a license, provided that such employee or assistant shall not issue or attest to any accounting or financial statement over his or her name. (b) Nothing contained in this chapter shall prohibit any person from offering to perform or performing for the public, for compensation, any of the following services:
(1) The recording of financial transactions in books of record; (2) The making of adjustments of such transactions in books of record; (3) The making of trial balances from books of record; (4) Internal verification and analysis of books or accounts of original entry;

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(5) The preparation of unaudited financial statements, schedules, or reports; (6) The devising and installing of systems or methods of bookkeeping, internal controls of financial data, or the recording of financial data; or (7) The preparation of tax returns and related forms.

43-3-33. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license issued pursuant to any provision of this chapter expired while such service member was serving on active duty outside this state shall be permitted to practice public accountancy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing a profession with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within this state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within this state. The service member shall present to the board either a copy of the official military orders or a written verification signed by the service member's commanding officer in order to waive any violation of this chapter relating to practicing public accountancy with an expired license.

43-3-34. Any person who violates this chapter shall be guilty of a misdemeanor."

SECTION 1-3. Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, is amended by revising Code Section 50-5B-2, relating to administrative units, directors, and employees of the State Accounting Office, as follows:
"50-5B-2. (a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration, including The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia as separate units with distinct accounting functions, and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing. (b) The Georgia State Board of Accountancy shall be a division within the State Accounting Office. The state accounting officer shall appoint an executive director of the Georgia State Board of Accountancy. Such executive director shall have such powers and duties as provided under Chapter 3 of Title 43.

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(c) The state accounting officer shall have the authority, within budgetary limitations, to employ as many persons as he or she deems necessary for the administration of the office and for the discharge of the duties of the office. The state accounting officer shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the office within the limitations of the office's appropriation, the requirements of the state system of personnel administration provided for in Chapter 20 of Title 45, and restrictions set forth by law."

PART II SECTION 2-1.

Code Section 24-5-501 of the Official Code of Georgia Annotated, relating to certain communications as privileged, is amended by revising paragraph (9) of subsection (a) as
follows: "(9) Communications between accountant and client as provided by Code Section 43-3-29."

SECTION 2-2. Code Section 36-81-8.1 of the Official Code of Georgia Annotated, relating to definitions, grant certification forms, filings with the state auditor, forfeiture of funds for noncompliance, and no exemption from liability relative to local government budgets and audits, is amended by revising subsection (b) as follows:
"(b) Each grant of state funds to a recipient unit of local government from the Governor's emergency fund or from a special project appropriation in an amount greater than $5,000.00 shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. The form shall be designed by the state auditor and shall be distributed with each covered grant as required by this Code section. The grant certification form shall require the certification by the recipient unit of local government and by the unit of local government auditor that the grant funds were used solely for the express purpose or purposes for which the grant was made. Such form shall be filed with the state auditor in conjunction with the annual audit required under Code Section 36-81-7 or 50-6-6 or any other applicable Code section for each year in which such grant funds are expended or remain unexpended by the unit of local government. A recipient unit of local government which is not otherwise subject to the annual audit requirements specified in this subsection shall file a grant certification form with the state auditor no later than December 31 of each year in which such grant funds are expended or remain unexpended. For grant funds to subrecipients, the certification by the unit of local government auditor required by this subsection may also be made by an in-house or internal auditor of the unit of local government who meets the education requirements contained in subparagraph (b)(3)(A) of Code Section 43-3-9. The cost of performing any audit required by this

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subsection or paragraph (1) of subsection (d) of this Code section shall be an eligible expense of the grant. However, the amount charged shall not exceed 2 percent of the amount of the grant or $250.00 per required audit, whichever is less. The unit of local government to whom the grant is made may deduct the cost of any such audit from the funds disbursed to the subrecipient."

PART III SECTION 3-1.

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

Approved April 15, 2014.

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EDUCATION GOVERNANCE TRAINING FOR MEMBERS OF GOVERNING BOARDS OF NONPROFIT ORGANIZATIONS WHICH ARE CHARTER PETITIONERS, CHARTER SCHOOLS, OR STATE CHARTER SCHOOLS; CALCULATION OF GRADE POINT AVERAGES FOR DETERMINING HOPE ELIGIBILITY.

No. 493 (House Bill No. 405).

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 require members of governing boards of nonprofit organizations which are charter petitioners, charter schools, and state charter schools to participate in governance training; to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to a uniform reporting system for certain purposes and academic eligibility requirements to receive a HOPE scholarship, so as to require local school systems to calculate and provide a grade point average for freshman, sophomore, and junior students for purposes of determining HOPE eligibility; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Code section to read as follows:
"20-2-2072. The members of the governing board of the nonprofit organization of each charter school shall participate in initial training for boards of newly approved charter schools and annual training thereafter, conducted or approved by the state board. The state board shall provide for or approve such initial and annual training. For charter schools that are college and career academies, as defined in subsection (b) of Code Section 20-4-37, the state board shall provide or approve such training in conjunction with the Technical College System of Georgia. 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."

SECTION 2. Said chapter is further amended by revising paragraph (12) of subsection (b) of Code Section 20-2-2083, relating to the powers and the duties of the State Charter Schools Commission, as follows:
"(12) Provide for or approve initial training for boards of newly approved state charter schools and annual training thereafter, as determined by the commission, for members of state charter school governing boards. For charter schools that are college and career academies, as defined in subsection (b) of Code Section 20-4-37, the commission shall provide or approve such training in conjunction with the Technical College System of Georgia. 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."

SECTION 3. Said chapter is further amended by revising subsection (f) of Code Section 20-2-2084, relating to state charter school requirements, as follows:
"(f) The members of the governing board of each state charter school shall participate in initial training for boards of newly approved state charter schools and annual training thereafter conducted or approved by the commission pursuant to paragraph (12) of subsection (b) of Code Section 20-2-2083."

SECTION 3A. Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to a uniform reporting system for certain purposes and academic eligibility requirements to receive a HOPE scholarship, is amended by adding a new subsection to read as follows:
"(g) At the conclusion of each school year, the local school system shall provide to each freshman, sophomore, and junior student or to his or her parent or guardian the grade point

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average calculated by the Georgia Student Finance Commission in accordance with the provisions of this Code section for determining HOPE eligibility."

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

Approved April 15, 2014.

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COURTS COST OF PROVIDING COURT-CONNECTED OR COURT-REFERRED ALTERNATIVE DISPUTE RESOLUTION PROGRAMS.

No. 494 (House Bill No. 438).

AN ACT

To amend Code Section 15-23-7 of the Official Code of Georgia Annotated, relating to collection of additional legal costs in civil actions for purposes of providing court-connected or court-referred alternative dispute resolution programs, so as to increase the maximum amount of such additional cost; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-23-7 of the Official Code of Georgia Annotated, relating to collection of additional legal costs in civil actions for purposes of providing court-connected or court-referred alternative dispute resolution programs, is amended by revising subsection (a) as follows:
"(a) For the purposes of providing court-connected or court-referred alternative dispute resolution programs, a sum not to exceed $10.00, in addition to all other legal costs, may be charged and collected in each civil action or case filed in the superior, state, probate, and magistrate courts and other courts within the county that have the same powers and jurisdiction as state or magistrate courts."

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

Approved April 15, 2014.

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MOTOR VEHICLES AND TRAFFIC IMPEDING TRAFFIC FLOW; MINIMUM SPEED IN LEFT-HAND LANE.

No. 495 (House Bill No. 459).

AN ACT

To amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, so as to modify provisions relating to impeding traffic flow and minimum speed in left-hand lanes; 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 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, is amended by revising Code Section 40-6-184, relating to impeding traffic flow and minimum speed in left-hand lanes, as follows:
"40-6-184. (a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation. (b) Whenever the commissioner of public safety or the commissioner of transportation or local authorities determine on the basis of any engineering and traffic investigation that slow speeds on any part of a road under their respective jurisdictions impede the normal and reasonable movement of traffic, such commissioners jointly, or such local authorities, may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation, and such limit shall be effective when posted upon fixed or variable signs. (c) Upon roads, streets, or highways with two or more lanes allowing for movement in the same direction, no person shall continue to operate a motor vehicle in the passing lane once such person knows or should reasonably know that he or she is being overtaken in such lane from the rear by a motor vehicle traveling at a higher rate of speed. For purposes of this Code section, 'passing lane' means the most left-hand lane other than a high occupancy vehicle lane. (d) Subsection (c) of this Code section shall not apply:
(1) When traffic conditions or congestion make it necessary to drive in the passing lane; (2) When inclement weather, obstructions, or hazards make it necessary to drive in the passing lane; (3) When compliance with a law of this state or with an official traffic control device makes it necessary to drive in the passing lane;

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(4) When a vehicle must be driven in the passing lane to exit or turn left; (5) On toll highways, when necessary to pay a toll or use a pass; (6) To authorized emergency vehicles engaged in official duties; or (7) To vehicles engaged in highway maintenance and construction operations."

SECTION 2. This Act shall become effective on July 1, 2014, 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 April 15, 2014.

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RETIREMENT AND PENSIONS GEORGIA FIREFIGHTERS' PENSION FUND; ELIGIBILITY FOR MEMBERSHIP; EFFECT OF SENTENCE OF CONFINEMENT.

No. 496 (House Bill No. 460).

AN ACT

To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, so as to provide that no person under a sentence of confinement shall be eligible for membership in such retirement fund; to provide that a member of such fund shall not accrue creditable service while under a sentence of confinement; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, is amended in Code Section 47-7-40, relating to eligibility to apply for membership and transfer of Georgia Class Nine Fire Department Pension Fund, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) Any person employed as a firefighter or enrolled as a volunteer firefighter is eligible to make application to the board for membership in the fund; provided, however,

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that no person under a sentence of confinement shall be eligible for membership in the fund while he or she is incarcerated."

SECTION 2.
Said chapter is further amended by adding a new Code section to read as follows: "47-7-90. A member shall not earn creditable service for any service rendered during the time period in which the member is incarcerated under a sentence of confinement."

SECTION 3. This Act shall become effective on July 1, 2014, 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, 2014, 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 April 15, 2014.

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RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; TRANSFER OF SERVICE CREDIT FROM GEORGIA JUDICIAL RETIREMENT SYSTEM.

No. 497 (House Bill No. 477).

AN ACT

To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for the transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia; to provide for the transfer of funds; to provide for the payment for creditable service in the Employees' Retirement System of Georgia for prior service as a member of the Georgia Judicial Retirement System; to provide for conditions and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, is amended by revising Code Section 47-2-96, which is reserved, as follows:
"47-2-96. (a) Any member of this retirement system who was previously an active member of the Georgia Judicial Retirement System and who has not withdrawn his or her employee contributions from such retirement system may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of each retirement system. (b) Upon receipt of the notice provided for in subsection (a) of this Code section, the Board of Trustees of the Georgia Judicial Retirement System shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon. The member is authorized, but not required, to pay such additional amount to the board of trustees as the member desires. (c) If a member of this retirement system has withdrawn his or her employee contributions from the Georgia Judicial Retirement System, he or she may obtain creditable service in this retirement system as provided in subsection (d) of this Code section by paying to the board of trustees of this retirement system such amount as the member desires. (d) Upon receipt of the funds provided for in subsection (b) or (c) of this Code section, the board of trustees of this retirement system shall credit the member with only the number of years of creditable service, not to exceed the actual years of prior service, as the amount so transferred or paid shall warrant without creating any accrued liability as to this retirement system; provided, however, that no member shall be granted creditable service in excess of the service to which he or she was credited under the Georgia Judicial Retirement System."

SECTION 2. This Act shall become effective on July 1, 2014, 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, 2014, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 15, 2014.

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EDUCATION HEALTH INSURANCE PLANS FOR PUBLIC SCHOOL TEACHERS; REVISE COVERAGE FOR EMPLOYEES OF COUNTY AND REGIONAL LIBRARIES.

No. 498 (House Bill No. 490).

AN ACT

To amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school teachers, so as to revise coverage for employees of county and regional libraries; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school teachers, is amended by revising paragraph (4) of Code Section 20-2-880, relating to definitions, as follows:
"(4) 'Public school teacher,' 'teacher,' and 'employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this state. 'Public school teacher,' 'teacher,' and 'employee' also mean librarians and other personnel employed not less than 30 hours per week by regional and county libraries. 'Public school teacher,' 'teacher,' and 'employee' also mean personnel employed by the high school program of Georgia Military College. 'Public school teacher,' 'teacher,' and 'employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement system in this state. 'Public school teacher,' 'teacher,' and 'employee' also mean any person employed not less than half time and compensated in a professionally certificated capacity or position in a charter school in this state established pursuant to Article 31 of Chapter 2 of Title 20 if such charter school elects upon initial approval of its charter or, if such charter school is an existing charter school, elects upon notice by the health insurance plan provided in this part or upon the expiration of its current health care plan or by no later than December 31, 2009, to participate in the health insurance plan established pursuant to this subpart. 'Public school teacher,' 'teacher,' and 'employee' shall not be deemed to include any emergency or temporary employee. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2

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hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority."

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

Approved April 15, 2014.

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HEALTH PILOT PROGRAM TO PROVIDE COVERAGE FOR BARIATRIC SURGERY FOR TREATMENT AND MANAGEMENT OF OBESITY AND RELATED DISORDERS.

No. 499 (House Bill No. 511).

AN ACT

To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide for a pilot program to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions; to provide a definition; to provide for eligibility; to provide for requirements; to provide for a review panel; to provide for an evaluation report on the pilot program; to provide for automatic repeal; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows:
"31-2-12. (a) As used in this Code section, the term 'state health insurance plan' means:
(1) The state employees' health insurance plan established pursuant to Article 1 of Chapter 18 of Title 45; (2) The health insurance plan for public school teachers established pursuant to Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20; and (3) The health insurance plan for public school employees established pursuant to Subpart 3 of Part 6 of Article 17 of Chapter 2 of Title 20.

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(b) Beginning six months after the effective date of this Code section, the department shall conduct a two-year pilot program to provide coverage for the treatment and management of obesity and related conditions under a state health insurance plan. The pilot program will provide benefits for medically necessary bariatric procedures for participants selected for inclusion in the pilot program. (c) Participation in the pilot program shall be limited to no more than 75 individuals per year, to be selected in a manner determined by the department. Any person who has elected coverage under a state health insurance plan shall be eligible to be selected to participate in the pilot program in accordance with criteria established by the department which shall include, but not be limited to:
(1) Participation in a state health insurance plan for at least 12 months; (2) Completion of a health risk assessment through a state health insurance plan; (3) A body mass index of:
(A) Greater than 40; or (B) Greater than 35 with one or more co-morbidities such as diabetes, hypertension, gastro-esophageal reflux disease, sleep apnea, or asthma; (4) Consent to provide personal and medical information to a state health insurance plan; (5) Non-tobacco user; (6) No other primary group health coverage or primary coverage with Medicare; and (7) Must have been covered under a state health insurance plan for two years immediately prior to the pilot program and must express an intent to continue coverage under such state health insurance plan for two years following the approved surgical procedure date. (d) Eligible individuals must apply to participate in the pilot program. The individual and his or her physician shall complete and submit an obesity treatment program application to the department no later than February 1 for each year of the pilot program. The department's contracted health insurance carrier shall review the criteria contained in subsection (c) of this Code section to determine qualified applicants for the pilot program. (e) The selected participants shall be eligible to receive a multi-disciplinary health evaluation at a facility located within the State of Georgia which is designated by the American Society for Metabolic and Bariatric Surgery as a Bariatric Surgery Center of Excellence. The bariatric surgical procedures covered in the pilot program are: (1) Gastric band; (2) Laparoscopic sleeve gastrectomy; and (3) Rouen-Y gastric bypass. The participants shall use the department's contracted health insurance carrier to enroll in a case management program and to receive prior authorization for a surgical procedure provided pursuant to the pilot program. The health insurance carrier shall provide case management and patient follow-up services. Benefits for a bariatric surgical procedure under the pilot program shall be provided only when the surgical procedure is performed at a Center of Excellence within the State of Georgia.

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(f) All health care services provided pursuant to the pilot program shall be subject to the health insurance carrier's plan of benefits and policy provisions. Complications that arise after the discharge date are subject to the health insurance carrier's plan of benefits and policy provisions. (g) Participants must agree to comply with any and all terms and conditions of the pilot program including, but not limited to, participation and reporting requirements. Participation requirements shall include a 12 month postsurgery case management program. Each participant must also agree to comply with any and all requests by the department for postsurgical medical and productivity information, and such agreement shall survive his or her participation in a state health insurance plan. (h) A panel shall review the results and outcomes of the pilot program beginning six months after program initiation and shall conduct subsequent reviews every six months for the remainder of the pilot program. The panel shall be composed of the following members, appointed by the Governor:
(1) A representative of a state health insurance plan; (2) A representative of the state contracted health insurance carrier or carriers providing coverage under the pilot program; and (3) At least two physicians who carry a certification by the American Society for Metabolic and Bariatric Surgery. (i) The department shall provide a final report by December 15 of the last year of the pilot program to the chairpersons of the House Committee on Health and Human Services, the Senate Health and Human Services Committee, the House Committee on Appropriations, and the Senate Appropriations Committee. The report shall include, at a minimum: (1) Whether patients in the pilot have experienced:
(A) A reduction in body mass index, and if so, the average amount of reduction; or (B) The reduction or elimination of co-morbidities, and if so, which co-morbidities were reduced or eliminated; (2) The total number of individuals who applied to participate in the pilot program; (3) The total number of participants who enrolled in the pilot program; (4) The average cost of each procedure conducted under the pilot program, including gastric band, laparoscopic sleeve gastrectomy, and Rouen-Y gastric bypass; (5) The total cost of each participant's annual health care costs prior to the surgical procedure and for each of the subsequent post-procedure years for the three years following the surgical procedure; and (6) The percentage of participants still employed by the state 12 months following the surgical procedure and 24 months following the surgical procedure, respectively. (j) This Code section shall stand repealed 42 months after the effective date of such Code section."

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SECTION 2. This Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an Appropriations Act enacted by the General Assembly. If funds are so appropriated, then this Act shall become effective on the later of the date on which such Appropriations Act becomes effective or the beginning date of the fiscal year for which such appropriations are made.

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

Approved April 15, 2014.

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EDUCATION GEORGIA MEDICAL CENTER AUTHORITY; ABOLISH.

No. 500 (House Bill No. 513).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to abolish the Georgia Medical Center 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by repealing in its entirety Chapter 15, relating to the Georgia Medical Center Authority, and designating said chapter as reserved.

SECTION 2. As of the effective date of this Act, the Georgia Medical Center Authority is abolished and shall cease to exist.

SECTION 3. (a) Any funds held by the Georgia Medical Center Authority as of the effective date of this Act shall be paid to the state treasury and become a part of the general funds of the state.

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(b) On the effective date of this Act, any outstanding contracts, licenses, and obligations of the Georgia Medical Center Authority shall be transferred to the Board of Regents of the University System of Georgia until the same are completed or extinguished.

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

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

Approved April 15, 2014.

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CONSERVATION AND NATURAL RESOURCES WATER EMERGENCY RESPONSE PROCEDURES.

No. 501 (House Bill No. 549).

AN ACT

To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to establish water emergency response procedures; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, is amended by adding a new Code section to read as follows:
"12-5-30.4. (a) Whenever any substance which would endanger the health or property of downstream users of the waters of this state is discharged into such waters, it shall be the duty of any person in charge of such substance to immediately notify the division of the location and nature of the discharge and to immediately take all reasonable steps to prevent injury to the health or property of such downstream users. (b) The division shall immediately conduct an initial investigation upon receiving any notification made pursuant to this Code section or subsection (a) of Code Section 12-14-3

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or by a member of the public who observes an emergency situation or discharge to determine if such notification satisfies the criteria described in subsection (a) of this Code section. (c) If the division determines that there is a threat to the health or property of downstream users of the waters of this state, the division shall as soon as possible, but not more than 24 hours after such determination, notify and consult with the Georgia Emergency Management Agency, the appropriate local emergency management agency, the appropriate local county health department, and other appropriate divisions within the department as necessary to determine if it is necessary to prepare and distribute a public notice concerning such threat. Upon notification by the division, the local emergency management agency or the local county health department shall prepare and post such public notice through electronic media and print. Such public notice shall be located at places where the public regularly uses the waters of this state or seeks information about such waters. (d) The division shall ensure that immediate corrective action is initiated to the maximum extent practicable and as otherwise authorized by this title in order to prevent further danger to the health or property of downstream users. (e) The division shall establish a protocol, to be reviewed every five years, for coordinated responses to discharges that create emergency situations and shall coordinate with the appropriate emergency response agencies to provide for continual emergency response so as to most efficiently and effectively meet the needs of affected communitiesThe division may provide training to state and local emergency response agencies to further the purposes of this Code section. (f) Nothing in this Code section shall prevent any local governmental entity from taking any actions within its authority to protect public health. (g) The department shall promulgate any rules and regulations necessary to implement and administer this Code section on or before December 1, 2014."

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

Approved April 15, 2014.

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RETIREMENT AND PENSIONS SUPERIOR COURT CLERKS' RETIREMENT FUND; SPOUSAL SURVIVOR'S BENEFIT; ACTUARIALLY REDUCED MEMBER'S BENEFIT; INCREASE IN BENEFITS IN THE EVENT OF DEATH OF SPOUSE OR DIVORCE.

No. 502 (House Bill No. 580).

AN ACT

To amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Superior Court Clerks' Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, so as to provide for a spousal survivor's benefit; to provide for an actuarially reduced member's benefit; to provide for an increase in benefits in the event of the death of the spouse or entry of an order of divorce; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Superior Court Clerks' Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, is amended by revising subsection (c) as follows:
"(c)(1) In lieu of the retirement benefits provided in subsections (a) and (b) of this Code section, a member, upon retirement, may elect spousal benefits. If such election is made, then the amount of the benefits paid to the member shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under subsection (a) or (b) of this Code section, as applicable. Such actuarial equivalence shall be computed on the interest rate and mortality basis approved from time to time by the board, the age of the member, and, if applicable, the age of his or her spouse as of the date benefits are to commence. After the member's death, the member's surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount which the member would have received had the member elected the full benefits provided under subsections (a) and (b) of this Code section. In order to be eligible for such benefits, the surviving spouse shall have been married to the member for at least six years immediately preceding the member's death. Such benefits shall not commence until after the surviving spouse reaches 55 years of age.

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(2) If a member elects spousal benefits under paragraph (1) of this subsection and subsequently the member's spouse predeceases the member or a final judgment of complete divorce between the member and the member's spouse is entered, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke the election for spousal benefits under paragraph (1) of this subsection and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the first day of the month following the date on which the board approves such revocation, but not for any period prior to such date."

SECTION 2. This Act shall become effective on July 1, 2014, 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, 2014, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 15, 2014.
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RETIREMENT AND PENSIONS JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; DEFINITIONS; RESTRICT AND REPEAL AUTOMATIC COST-OF-LIVING BENEFIT INCREASE.
No. 503 (House Bill No. 601).
AN ACT
To amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to define certain terms; to restrict and repeal an automatic cost-of-living benefit increase; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by revising Code Section 47-11-1, relating to definitions, as follows:
"47-11-1. As used in this chapter, the term:
(1) 'Adjusted annual income' means the maximum income determined by application of paragraph (5) of Code Section 47-11-40. (2) 'Adjusted monthly income' means a sum equal to one-twelfth of the adjusted annual income. (3) 'Board' means the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia. (4) 'Fund' means the Judges of the Probate Courts Retirement Fund of Georgia. (5) 'Member' means a member of the Judges of the Probate Courts Retirement Fund of Georgia."

SECTION 2. Said chapter is further amended by revising paragraph (2) of subsection (c) of Code Section 47-11-22, relating to powers and duties of the board, as follows:
"(2) Any provision of paragraph (1) of this subsection to the contrary notwithstanding, no benefit increase shall be awarded under this subsection greater than 1.5 percent in any six-month period."

SECTION 3. Said chapter is further amended by repealing subsection (e) of Code Section 47-11-71, relating to amount of retirement benefits, optional retirement benefits, and manner in which persons not eligible for maximum benefits at retirement may become eligible, which reads as follows:
"(e) Any other provision of law to the contrary notwithstanding, additional retirement benefits shall be paid to each person, including a surviving spouse, who was receiving benefits under this chapter on January 1, 1993, or who became entitled to receive benefits on or after January 1, 1993. Such additional benefits shall be annual cost-of-living benefits equal to the benefit a member would otherwise be entitled to receive as calculated pursuant to subsections (a) through (d) of this Code section and any benefits previously received as authorized by this subsection multiplied by the percentage of any increase in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average, for the immediately preceding calendar year; provided, however, that such annual percentage increase in benefits shall not exceed 2 percent regardless of the percentage increase in the Consumer Price Index. In any year in which there is no percentage increase in such Consumer Price Index, no additional retirement benefits shall be paid under this subsection."

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SECTION 4. This Act shall become effective on July 1, 2014, 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, 2014, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 15, 2014.

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INSURANCE LICENSING AND REGULATION OF PUBLIC ADJUSTERS; EXPAND DEFINITION OF GUARANTEED ASSET PROTECTION WAIVERS.

No. 504 (House Bill No. 610).

AN ACT

To amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to provide for the licensing and regulation of public adjusters; to provide for definitions; to provide for written contracts; to provide for standard of conduct; to provide for penalties; to amend Code Section 33-63-3 of the Official Code of Georgia Annotated, relating to guaranteed asset protection waivers definitions, so as to expand the definition of guaranteed asset protection waiver to include a contractual agreement wherein a creditor agrees for certain charges to cancel or waive all or part of certain excess wear and use charges; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, is amended by revising paragraph (13) of subsection (a) of Code Section 33-23-1, relating to definitions, as follows:
"(13) 'Public adjuster' means any person who solicits, advertises for, or otherwise agrees to represent only a person who is insured under a policy covering fire, windstorm, water

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damage, and other physical damage to real and personal property other than vehicles licensed for the road, and any such representation shall be limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses but excluding claims arising out of any motor vehicle accident, and who, for compensation on behalf of an insured:
(A) Acts or aids, solely in relation to first-party claims arising under insurance contracts that insure the real or personal property of the insured, in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract; (B) Advertises for employment as a public adjuster of insurance claims or solicits business or represents himself or herself to the public as a public adjuster of first-party claims for losses or damages arising out of policies of insurance that insure real or personal property; or (C) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first-party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy."

SECTION 2. Said article is further amended in Code Section 33-23-1, relating to definitions, by revising subsection (b) and by adding a new subsection to read as follows:
"(b) The definitions of agent, subagent, and counselor in subsection (a) of this Code section shall not be deemed to include:
(1) An attorney at law admitted to practice in this state, when handling the collections of premiums or advising clients as to insurance as a function incidental to the practice of law or who adjusts losses which are incidental to the practice of his or her profession; (2) Any representative of ocean marine insurers; (3) Any representative of farmers' mutual fire insurance companies as defined in Chapter 16 of this title; (4) A salaried employee of a credit or character reporting firm or agency not engaged in the insurance business who may, however, report to an insurer; (5) A person acting for or as a collection agency; (6) A person who makes the salary deductions of premiums for employees or, under a group insurance plan, a person who serves the master policyholder of group insurance in administering the details of such insurance for the employees or debtors of the master policyholder or of a firm or corporation by which the person is employed and who does not receive insurance commissions for such service; provided, further, that an administration fee not exceeding 5 percent of the premiums collected paid by the insurer to the administration office shall not be construed to be an insurance commission; (7) Persons exempted from licensure as provided in subsection (h) of Code Section 33-23-4; or

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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. (c) In addition to paragraphs (2) through (8) of subsection (b) of this Code section, the definitions of public adjuster, independent adjuster, and adjuster in subsection (a) of this Code section shall not be deemed to include an attorney admitted to practice law in this state."

SECTION 3. Said article is further amended by revising subsection (a) of Code Section 33-23-4, relating to license required, restrictions on payment or receipt of commissions, and positions indirectly related to sale, solicitation, or negotiation of insurance excluded from licensing requirements, as follows:
"(a)(1) A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this chapter and applicable regulations. (2) Any individual who sells, solicits, or negotiates insurance in this state shall be licensed as an agent. (3) Any business entity that sells, solicits, or negotiates insurance in this state shall be licensed as an agency. (4) Any individual defined as an adjuster under paragraph (1) of subsection (a) of Code Section 33-23-1 who for a fee, commission, salary, or other compensation investigates, settles, or adjusts claims arising under insurance contracts on behalf of the insurer or the insured shall be licensed as either an independent adjuster or a public adjuster."

SECTION 4. Said article is further amended by revising subsection (c) of Code Section 33-23-43, relating to authority of adjusters and penalty for violation, as follows:
"(c) No public adjuster, at any time, shall knowingly: (1) Misrepresent to an insured that he or she is required to hire an independent or public adjuster to help the insured meet his or her obligations under his or her policy; (2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; (3) Hire or procure another to do any act prohibited by this subsection; (4) Advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. As used in this subsection, the term 'promise to pay or rebate' includes:

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(A) Granting any allowance or offering any discount against the fees to be charged, including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured's premises; or (B) Paying the insured or any person directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason; (5) Misrepresent to a claimant that he or she is an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or as an independent adjuster, unless appointed by an insurer in writing to act on the insurer's behalf for that specific claim or purpose. A licensed public adjuster shall not charge a claimant a fee for adjusting a claim when he or she is appointed by the insurer for that specific claim or purpose and the appointment is accepted by the public adjuster; (6) Solicit, or attempt to solicit, an insured during the progress of a loss-producing occurrence as defined in the insured's insurance contract; (7) Have a direct or indirect financial interest in any aspect of a claim other than the salary, fee, commission, or other consideration established in a written contract with the insured which shall incorporate all of the conditions and provisions set out in Code Section 33-23-43.1; (8) Charge to or collect from an insured any amount, other than reasonable compensation for services rendered based on time spent and expenses incurred, in any transaction where the insurer either pays or commits in writing to pay the policy limit or limits for all coverage under the insured's policy within three business days after the loss is reported to the insurer; (9) Misrepresent to an insured or insurer that he or she is an attorney authorized by law to provide legal advice and services or that a policy covers a loss or losses outside the scope of the coverage provided by the insurance contract; (10) Permit an unlicensed employee or representative of the adjuster to conduct business for which a license is required; or (11) Hire or procure another to do any act prohibited by this subsection."

SECTION 5. Said article is further amended by adding new Code sections to read as follows:
"33-23-43.1. (a) Public adjusters shall ensure that all contracts for their services are in writing, prominently captioned and titled 'Public Adjuster Contract,' and contain the following:
(1) Legible full name of the public adjuster signing the contract, as specified on the license issued by the Department of Insurance, and attestation language that the public adjuster is fully bonded pursuant to state law; (2) Permanent home state business address and contact information of the public adjuster, including e-mail address;

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(3) The public adjuster's Department of Insurance license number and a statement that the license is valid and in full force and effect as of the date the contract is signed; (4) The insured's full name and street address; (5) A description of the loss and its location, if applicable; (6) A description of services to be provided to the insured; (7) Signatures of the public adjuster and the insured; (8) The date the contract was signed by the public adjuster, and the date the contract was signed by the insured; (9) A statement of the fee, compensation, or other considerations that the public adjuster is to receive for services, including a listing of typical costs and expenses for which the public adjuster is to be reimbursed; and (10) A statement prominently captioned in a minimum 12 point font that contains the following:
(A) Any direct or indirect interest in or compensation by any construction firm, salvage firm, building appraisal firm, storage company, or any other firm or business entity that performs any work in conjunction with damages incident to any loss which the adjuster has been contracted to adjust; (B) Any direct or indirect participation in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the adjuster or disclosure of any other activities that may be reasonably construed as a conflict of interest, including a financial interest in any salvage, repair, construction, or restoration of any business entity that obtains business in connection with any claims that the public adjuster has a contract or agreement to adjust; and (C) Any direct or indirect compensation of value in connection with an insured's specific loss other than compensation from the insured for service as a public adjuster. (b) Public adjuster contracts may not contain a contract term that: (1) Restricts an insured's right to initiate and maintain direct communications with his or her attorney, the insurer, the insurer's adjuster, the insurer's attorney, or any other person regarding settlement of the insured's claim; (2) Vests the public adjuster with the right to initiate direct communications with the insured's insurer, the insurer's adjuster, or the insurer's attorney regarding settlement of the insured's claim without specific written authorization from the insured; (3) Allows the public adjuster's percentage fee to be collected when money is due from an insurance company but not paid or that allows a public adjuster to collect the entire fee from the first check issued by an insurance company rather than as a percentage of each check issued by an insurance company; (4) Requires the insured to authorize an insurance company to issue a check only in the name of the public adjuster; or (5) Precludes or restricts an insured from pursuing any civil remedies relating to his or her claim.

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(c) All public adjuster contracts shall be construed to contain, by operation of law: (1) A provision granting the insured a right to rescind the contract within three business days after the date the contract was signed, so long as the rescission is in writing and mailed or delivered to the public adjuster at the address stated in the contract within three business days. For purposes of this subsection, rescission of the contract shall be considered delivered or mailed if it is delivered by electronic transmittal to the e-mail address or facsimile specified in the contract for such communications; (2) A provision that if the insured exercises the right to rescind the contract, anything of value given by the insured under the contract will be returned to the insured within 15 business days following the receipt by the public adjuster of the cancellation notice; and (3) A provision requiring that, prior to initiating any contact with the insured's insurer, the insurer's adjuster, or the insurer's attorney regarding settlement of the insured's claim, a public adjuster must provide the insurer a notification letter signed by the insured confirming that the insured has authorized the public adjuster to communicate directly with the insurer, the insurer's adjuster, or the insurer's attorney on behalf of the insured.
(d) All public adjuster contracts shall be executed in duplicate to provide an original contract to the public adjuster and an original contract to the insured. The public adjuster's original contract shall be available at all times for inspection without notice by the Commissioner of Insurance.

33-23-43.2. (a) A public adjuster is obligated, under his or her license, to serve with objectivity and complete loyalty to the interest of his or her client alone and to render to the insured such information, counsel, and service within the public adjuster's knowledge, understanding, and opinion that will best serve the insured's insurance claim needs and interest. (b) A public adjuster shall faithfully observe all of the terms and provisions of the public adjuster contract as prescribed in Code Section 33-23-43.1."

SECTION 6. Code Section 33-63-3 of the Official Code of Georgia Annotated, relating to guaranteed asset protection waivers definitions, is amended by revising in paragraph (6) as follows:
"(6) 'Guaranteed asset protection waiver' means a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement or a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of the excess wear and use charges owed by the borrower to the creditor under the lease contract when the borrower returns a leased vehicle to the creditor at termination of the lease, which agreement must be part of, or a separate addendum to, the lease contract."

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SECTION 7. This Act shall become effective on July 1, 2014.

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

Approved April 15, 2014.

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ALCOHOLIC BEVERAGES REGULATION OF ALCOHOLIC BEVERAGES; TRANSPORTATION OF HOME-BREW MALT BEVERAGES; DUTIES OF LOCAL GOVERNING AUTHORITIES WITH REGARD TO HOME-BREW SPECIAL EVENTS.

No. 505 (House Bill No. 737).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relative to the regulation of alcoholic beverages; to repeal and reserve Code Section 3-3-24.1, relating to a definition and a penalty; to allow certain quantities of malt beverages produced in private residences to be transported to locations other than those at which home-brew special events are being held; to clarify certain provisions relating to the duties of a local governing authority desiring to allow home-brew special events to be conducted within its 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. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by repealing and reserving Code Section 3-3-24.1, relating to a definition and penalty, as follows:
"3-3-24.1. Reserved."

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SECTION 2. Said title is further amended by revising Code Section 3-5-4, relating to production of malt beverages in private residences, consumption, and home-brew special events, as follows:
"3-5-4. (a)(1) Malt beverages may be produced by a person in his or her private residence subject to the limitations provided in this Code section. (2) The total quantity of malt beverages that may be produced in any private residence shall be as follows: (A) Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or (B) Not more than 200 gallons per calendar year if there are two or more persons of legal drinking age living in such residence; provided, however, that no more than 50 gallons shall be produced in a 90 day period.
(b) Except as provided for in subsections (d) and (e) of this Code section, malt beverages produced in compliance with this Code section may only be consumed at the residence where produced. Such malt beverages may only be consumed by persons of legal drinking age. (c) Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer for use at home-brew special events in a quantity not to exceed 25 gallons, provided that such malt beverages are securely sealed in one or more containers and clearly labeled with the following information:
(1) The name of the producer; (2) The address of the residence at which it was produced; (3) The name and address of the home-brew special event to which it is being transported; and (4) The permit number under which the home-brew special event is being held. If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. (d) Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer to a location not licensed under this title and for which a permit has not been issued pursuant to subsection (e) of this Code section; provided that not more than 128 ounces of such malt beverages produced in the same residence shall be transported at one time; and provided, further, that such malt beverages shall be securely sealed in one or more containers and clearly labeled with the following information: (1) The name of the producer; and (2) The address of the residence at which it was produced.

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If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
(e)(1) Notwithstanding any other provision of this title to the contrary, in all counties and municipalities in which the sale of malt beverages is lawful, the local governing authority may issue a home-brew special event permit for the holding of home-brew special events, including contests, tastings, and judgings. Any governing authority desiring to allow home-brew special events to be held within its jurisdiction shall provide by resolution or ordinance for the issuance of home-brew special event permits and shall specify the events that shall qualify as home-brew special events. A home-brew special event permit shall cost $50.00 and shall be valid for not more than six events per calendar year. (2) Home-brew special events shall not be held at any location licensed under this title. (3) Consumption of malt beverages at home-brew special events shall be limited solely to malt beverages produced pursuant to this Code section, and such malt beverages shall only be consumed by the participants in and judges of the home-brew special events. (f) Malt beverages produced pursuant to this Code section shall not be sold, offered for sale, or made available for consumption by the general public."

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

Approved April 15, 2014.

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COURTS COWETA JUDICIAL CIRCUIT; WAYCROSS JUDICIAL CIRCUIT; ADDITIONAL JUDGES.

No. 506 (House Bill No. 742).

AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the Coweta Judicial Circuit and the Waycross Judicial Circuit; to provide for the initial appointment of such judges by the Governor; to provide for the election and terms of office of such judges; to provide for powers, duties, and responsibilities of each such judge; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges each judicial circuit, is amended by revising paragraph (14) as follows:
"(14) Coweta Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7"

SECTION 1-2. One additional judge of the superior court is added to the Coweta Judicial Circuit, thereby increasing to seven the number of judges of such circuit.
SECTION 1-3. Such additional judge shall be appointed by the Governor for a term beginning July 1, 2014, and continuing through December 31, 2016, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2016, for a term of four years beginning on January 1, 2017, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

SECTION 1-4. The additional judge of the superior courts of the Coweta Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Coweta Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 1-5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties composing the Coweta Judicial Circuit shall be the same as are now provided by law for the other superior court judges of such circuit. The provisions, if any, enacted for the supplementation by the counties of such circuit of the salary of the judges of the superior courts of the Coweta Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

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SECTION 1-6. All writs and processes in the superior courts of the Coweta Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide seven judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.

SECTION 1-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of such circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.

SECTION 1-8. The seven judges of the superior courts of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 1-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of the Coweta Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be heard and determined before the same or any other judge of such circuit. Any judge of such circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 1-10. Upon request of any judge of the circuit, the governing authorities of the counties composing the Coweta Judicial Circuit shall be authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

SECTION 1-11. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

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PART II SECTION 2-1.

Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by revising paragraph (41) as follows:
"(41) Waycross Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4"

SECTION 2-2. A new judge of the superior court is added to the Waycross Judicial Circuit, thereby increasing to four the number of judges of such circuit.
SECTION 2-3. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2014, and expiring December 31, 2016, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for the election of judges of the superior courts of this state in 2016 for a term of four years beginning on January 1, 2017, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 2-4. Such additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of such circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 2-5. Every person who offers for nomination and election as one of the judges of the superior courts of the Waycross Judicial Circuit shall designate with the state party authority in all state primaries and with the proper authority in all general elections the specific place for which he or she offers by naming the incumbent judge whom he or she desires to succeed; and thereupon he or she shall be qualified, if otherwise qualified, to run for such specific judgeship and no other. In the event there is no incumbent judge in the place for which he or she desires to offer, the candidate shall qualify by announcing his or her intention to run for the office for which there is no incumbent.

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SECTION 2-6. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges; and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Waycross Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of such circuit of the salaries of the judges of the superior courts of the Waycross Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 2-7. All writs and processes in the superior courts of the Waycross Judicial Circuit shall be returnable to the terms of such superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law; and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide judges coequal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.

SECTION 2-8. The judges of the superior courts of the Waycross Judicial Circuit of Georgia in transacting the business of such courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement among such judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge with the longest period of time of service shall be the senior judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties composing such circuit; and, in the event a juvenile court is established in any of such counties within such circuit, as provided by law, the chief judge shall appoint the judge of such court as provided by law. The judges of the superior courts of the Waycross Judicial Circuit shall have, and they are hereby clothed with, full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one of the other judges; and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of such courts, and making appointments as authorized by

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law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.

SECTION 2-9. The drawing and empaneling of all jurors, whether grand, petit, or special, may be by each of the judges of the superior courts of such circuit; and they, or each of them, shall have full power and authority to draw and empanel jurors for service in such courts so as to have jurors for the trial of cases before each of such judges separately or before each of them at the same time.

SECTION 2-10. The judges of the Waycross Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 2-11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Waycross Judicial Circuit may bear teste in the name of any judge of the Waycross Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be heard and determined before the same or any other judge of such circuit. Any judge of such court may preside over any cause therein and perform any official act as judge thereof.

SECTION 2-12. Upon request of any judge of the circuit, the governing authorities of the counties composing the Waycross Judicial Circuit are hereby authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.

SECTION 2-13. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

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PART III SECTION 3-1.

(a) For purposes of making the initial appointment of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, this Act shall become effective on July 1, 2014.

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

Approved April 15, 2014.

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CRIMES AND OFFENSES CARGO THEFT; UNLAWFUL POSSESSION OR USE OF FIFTH WHEEL.

No. 507 (House Bill No. 749).

AN ACT

To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the crime of cargo theft; to provide for definitions; to provide for penalties; to provide for the crime of unlawful possession or use of a fifth wheel; to provide for related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by adding new Code sections to read as follows:
"16-8-22. (a) For purposes of this Code section, the term 'vehicle' includes, without limitation, any railcar. (b) Notwithstanding any provision of this article to the contrary, a person commits the offense of cargo theft when he or she unlawfully takes or, being in lawful possession thereof, unlawfully appropriates:

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(1) Any vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including, without limitation, any trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, which is the property of another with the intention of depriving such other person of the property, regardless of the manner in which the property is taken or appropriated; or (2) Any trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, which is deployed by or used by a law enforcement agency, which is the property of another with the intention of depriving such other person of the property, regardless of the manner in which the property is taken or appropriated. (c) The value of a vehicle engaged in commercial transportation of cargo and any appurtenance thereto and the cargo being transported which is taken or unlawfully appropriated shall be based on the fair market value of such vehicle, appurtenances, and cargo taken or unlawfully appropriated. (d)(1) If the property taken is one or more controlled substances as defined in Code Section 16-13-21 with a collective value of less than $10,000.00, a person convicted of a violation of this Code section shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $10,000.00 nor more than $100,000.00, or both. (2) If the property taken is one or more controlled substances as defined in Code Section 16-13-21 with a collective value of at least $10,000.00 but less than $1 million, a person convicted of a violation of this Code section shall be punished by imprisonment for not less than five nor more than 25 years, a fine of not less than $50,000.00 nor more than $1 million, or both. (3) If the property taken is one or more controlled substances as defined in Code Section 16-13-21 with a collective value of $1 million or more, a person convicted of a violation of this Code section shall be punished by imprisonment for not less than ten nor more than 30 years, a fine of not less than $100,000.00 nor more than $1 million, or both. (e)(1) Except as otherwise provided in subsection (d) of this Code section, if the property taken has a collective value of $1,500.00 or less, a person convicted of a violation of this Code section shall be punished as for a misdemeanor. (2) Except as otherwise provided in subsection (d) of this Code section, if the property taken has a collective value of more than $1,500.00 but less than $10,000.00, a person convicted of a violation of this Code section shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $10,000.00 nor more than $100,000.00, or both. (3) Except as otherwise provided in subsection (d) of this Code section, if the property taken has a collective value of at least $10,000.00 but less than $1 million, a person convicted of a violation of this Code section shall be punished by imprisonment for not less than five nor more than 20 years, a fine of not less than $50,000.00 nor more than $1 million, or both.

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(4) Except as otherwise provided in subsection (d) of this Code section, if the property taken has a collective value of $1 million or more, a person convicted of a violation of this Code section shall be punished by imprisonment for not less than ten nor more than 20 years, a fine of not less than $100,000.00 nor more than $1 million, or both. (f) Notwithstanding subsections (d) and (e) of this Code section, if the property taken is a trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, which is deployed by or used by a law enforcement agency, regardless of its value, a person convicted of a violation of this Code section shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $10,000.00 nor more than $100,000.00, or both. (e) A person convicted of a violation of this Code section may also be punished by, if applicable, the revocation of the defendant's commercial driver's license in accordance with Code Section 40-5-151.

16-8-23. (a) For the purposes of this Code section, the term 'fifth wheel' means a device mounted on a truck tractor or similar towing vehicle, including, but not limited to, a converter dolly, which interfaces with and couples to the upper coupler assembly of a semitrailer. (b) It shall be unlawful for any person to modify, alter, attempt to alter, and, if altered, sell, possess, offer for sale, move, or cause to be moved on the highways of this state a device known as a fifth wheel or the antitheft locking device attached to the fifth wheel with the intent to use the fifth wheel to commit or attempt to commit cargo theft as defined in Code Section 16-8-22. (c) A person convicted of a violation of this Code section shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $10,000.00 nor more than $100,000.00, or both."

SECTION 2. Said article is further amended by revising paragraph (8) of subsection (a) of Code Section 16-8-12, relating to penalties for theft in violation of Code Sections 16-8-2 through 16-8-9, as follows:
"(8) Reserved; or".

SECTION 3. This Act shall become effective on July 1, 2014, and shall apply to all offenses committed on or after such date. The enactment of Code Sections 16-8-22 and 16-8-23 shall not affect any prosecutions for acts occurring before the effective date of Code Sections 16-8-22 and 16-8-23 and shall not act as an abatement of any such prosecutions.

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

Approved April 15, 2014.

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RETIREMENT AND PENSIONS PUBLIC RETIREMENT SYSTEMS STANDARDS LAW; DEFINITION OF ANNUAL REQUIRED CONTRIBUTION.

No. 508 (House Bill No. 761).

AN ACT

To amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Standards Law, so as to change references to certain Governmental Accounting Standards Board Statements relative to the definition of annual required contribution; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Standards Law, is amended by revising paragraph (10) of Code Section 47-20-3, relating to definitions relative to the Public Retirement Systems Standards Law, as follows:
"(10) 'Annual required contribution' means the annual required contribution determined in accordance with the requirements of Governmental Accounting Standards Board Statements No. 25 and No. 27 as in effect on June 15, 2013."

SECTION 2. Said chapter is further amended by revising subsections (b), (c), and (d) of Code Section 47-20-10, relating to the minimum annual employer contribution, as follows:
"(b) In the case of a retirement system which uses a formula related to the compensation of the members of the retirement system as a basis for the calculation of benefits under the retirement system, the amortization amounts required by subsection (a) of this Code section, except for the amount determined under paragraph (3) of subsection (a) of this Code section, may be determined as a level percentage of future compensation. If such level percentage amortization is used, the actuarial assumption for future annual payroll growth shall not exceed the actuarial assumed valuation interest rate of the retirement

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system less 2 1/2 percent. The minimum standards provided by subsection (a) of this Code section are deemed to have been met if such level percentage amortization is used and the employer contribution is equal to or greater than the annual required contribution as is determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27 as in effect on June 15, 2013. (c) In the case of a retirement system which does not use a formula related to the compensation of the members of such retirement system as a basis for the calculation of benefits under such retirement system, the minimum funding standards provided for in subsection (a) of this Code section shall be deemed to have been met if the employer contribution is equal to or greater than the annual contribution as determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27 as in effect on June 15, 2013.
(d)(1) The minimum funding standards provided for in subsection (a) of this Code section shall be deemed to have been met if as of the latest actuarial valuation a retirement system has a negative unfunded actuarial accrued liability and the employer contribution is equal to or greater than the annual required contribution as determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27 as in effect on June 15, 2013; provided, however, that in no case shall the negative unfunded actuarial accrued liability be amortized over a period of less than ten years. If a retirement system has such a negative unfunded actuarial accrued liability, the amounts necessary to amortize under paragraphs (2), (3), and (4) of subsection (a) of this Code section established prior to the current actuarial valuation date will be considered to be fully amortized under the minimum funding standards provided by subsection (a) of this Code section. (2) In any actuarial valuation subsequent to the valuation in which a retirement system is found to have complied with the provisions of paragraph (1) of this subsection, if the retirement system still has a negative unfunded actuarial accrued liability, the only amortization required under such minimum funding standards will be an amortization of the negative unfunded actuarial accrued liability over a period of not less than ten years of the actuarial accrued liability. For any such subsequent actuarial valuations, whenever the retirement system again has an unfunded actuarial accrued liability, the minimum standards provided by subsection (a) of this Code section shall apply with new amounts necessary to amortize the newly created unfunded actuarial accrued liability."

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

Approved April 15, 2014.

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CRIMES AND DEFENSES -- DISCHARGING GUN OR PISTOL NEAR PUBLIC HIGHWAY OR STREET.

No. 509 (House Bill No. 773).

AN ACT

To amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to dangerous instrumentalities and practices, so as to change provisions relating to discharging a gun or pistol near a public highway or street; to provide for definitions; to provide for exceptions; 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 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to dangerous instrumentalities and practices, is amended by revising Code Section 16-11-103, relating to discharging a gun or pistol near a public highway or street, as follows:
"16-11-103. (a) As used in this Code section, the term:
(1) 'Firearm' means any handgun, rifle, or shotgun. (2) 'Public highway' means every public street, road, and highway in this state. (3) 'Sport shooting range' means an area designated and operated by a person or entity for the sport shooting of firearms, target practice, trapshooting, skeet shooting, or shooting sporting clays and not available for such use by the general public without payment of a fee, membership contribution, or dues or without the invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto. (4) 'Unit of government' means any of the departments, agencies, authorities, or political subdivisions of the state, cities, municipal corporations, townships, or villages and any of their respective departments, agencies, or authorities. (b) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person, without legal justification, to discharge a firearm on or within 50 yards of a public highway. (c) This Code section shall not apply to a discharge of a firearm which occurs within 50 yards of a public highway if such discharge is shielded from the view of a traveler on the public highway and occurs at:

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(1) An indoor or outdoor sport shooting range; (2) Facilities used for firearm or hunting safety courses sponsored by a unit of government, nonprofit corporation, or commercial enterprise; or (3) The business location of any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation licensed as a firearm dealer pursuant to Chapter 16 of Title 43. (d) Any person who violates subsection (b) of the Code section shall be guilty of a misdemeanor."

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

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

Approved April 15, 2014.

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REVENUE AND TAXATION IMMUNITY FOR CERTAIN TAX LIABILITIES FOR BUSINESSES AND EMPLOYEES ENTERING GEORGIA TO REPAIR DAMAGE DUE TO DISASTER OR EMERGENCY.

No. 510 (House Bill No. 782).

AN ACT

To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement of taxation, so as to grant immunity to certain tax liabilities for businesses and employees entering Georgia to repair damage due to a disaster or emergency; to provide for a short title; to provide for definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement of taxation, is amended by adding a new article as follows:

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"ARTICLE 4

48-2-100. (a) This Code section shall be known and may be cited as the 'Facilitating Business Rapid Response to State Declared Disasters Act of 2014.' (b) For purposes of this Code section, the term:
(1) 'Affected state' means a state where a declared state of disaster or emergency exists. (2) 'Declared state of disaster or emergency' means a disaster or emergency event for which the Governor's state of emergency declaration has been issued or for which a presidential declaration of a federal major disaster or emergency has been issued. (3) 'Disaster or emergency period' means a period that begins ten days prior to the first day of the Governor's declaration or the president's declaration, whichever occurs first, and extends for a period of 60 calendar days after the end of the declared disaster or emergency period. (4) 'Infrastructure' means property and equipment owned or used by communications networks; cable, video, or broadband networks; gas and electric distribution systems; water pipelines; railways; public roads and bridges; and related support facilities that service multiple customers, including but not limited to real and personal property such as buildings, offices, lines, poles, pipes, structures, and equipment. (5) 'Out-of-state business' means a business entity that has no presence in this state and conducts no business in this state whose services are requested by a registered business in this state or by the state or a local government in this state for purposes of performing disaster or emergency related work in this state. This shall also include a business entity that is affiliated with a registered business in this state solely through common ownership if the affiliate has no registrations or required registrations or tax filings or required tax filings or nexus in this state prior to the declared state of disaster or emergency. (6) 'Out-of-state employee' means an employee who does not work in this state that is temporarily working in this state during the disaster or emergency period to perform disaster or emergency related work in this state to repair, renovate, install, build, or render services or other business activities that relate to infrastructure that has been damaged or destroyed during a declared state of disaster or emergency. (7) 'Registered business' means a business entity that owns or operates infrastructure in this state and is currently registered or is required to be registered to do business in this state prior to the declared state of disaster or emergency. (c) The General Assembly finds that: (1) When storms, floods, fires, earthquakes, hurricanes, or other natural disasters or emergencies occur, many businesses assign resources and personnel to the affected state from other states throughout the United States on a temporary basis to expedite the enormous and overwhelming task of cleaning, restoring, and repairing damaged equipment, property, and infrastructure.

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(2) Most often this disaster or emergency relief effort involves the need for out-of-state businesses, including out-of-state affiliates of businesses registered in the affected state, to bring in resources, property, and personnel to perform disaster related activity in the affected state. In some instances, personnel may be located in the affected state for extended periods of time to perform such activities. (3) During such time of operating in the affected state on a temporary basis solely for purposes of helping the affected state recover from the disaster or emergency, these businesses and employees should not be burdened by any requirements for certain tax liabilities incurred as a result of such activities in the affected state for a temporary period. (4) The affected state's nexus and residency thresholds for tax liability are intended for businesses and individuals in such state conducting business operations or who intend to reside in the state and should not be applied to businesses and individuals coming into the state on a temporary basis to provide help and assistance in response to a declared state of disaster or emergency. (5) To ensure that businesses and individuals focus on quick response to the needs of this state and its citizens during a declared state of disaster or emergency, it is appropriate for the General Assembly to deem that such disaster or emergency relief activity for a reasonable period of time during and after the disaster or emergency period shall not establish any liability for purposes of certain state and local taxes, licensing, and regulatory requirements imposed in this state. (d)(1) An out-of-state business whose presence is solely that of conducting operations within this state for purposes of performing work or services on infrastructure related to a declared state of disaster or emergency during the disaster or emergency period shall not be considered to have established a level of presence that would require that business to register, file, and remit certain state or local taxes or that would require that business to be subject to any licensing or registration requirements in this state. This exemption includes any state or local business licensing or registration requirements, any state or local employer income tax withholding, unemployment insurance, any state or local occupational licensing fees, public service commission or secretary of state licensing and regulatory requirements, and any state or local tax on or measured by, in whole or in part, net or gross income or receipts or net worth, including the filing required for a combined group of which the out-of-state business may be a part. For the apportionment of income pursuant to Chapter 7 of this title, the performance by an out-of-state business of any work in accordance with this Code section shall not increase the amount of income apportioned to this state. (2) Any out-of-state employee shall not be considered to have established residency or a presence in this state that would require that employee to file and pay income taxes, to be subjected to income tax withholdings, or to be subject to any licensing or registration requirements in this state.

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(e) Out-of-state businesses and out-of-state employees shall be required to pay transaction taxes and fees including but not limited to fuel taxes or sales and use taxes on materials or services subject to sales and use taxes in this state, hotel taxes, and car rental taxes or fees that the out-of-state business or out-of-state employee purchases for use or consumption in the affected state during the disaster or emergency period, unless such taxes are otherwise exempted pursuant to Chapter 8 of this title. (f) Any out-of-state business or out-of-state employee that remains in this state after the disaster or emergency period shall become subject to the state's normal requirements for establishing presence, residency, or doing business and shall comply with all state and local registration, licensing, and filing requirements.
(g)(1) Any out-of-state business that enters this state to perform qualified work during a disaster or emergency period shall provide to the department and to the Georgia Emergency Management Agency a statement that it is in this state for purposes of responding to the disaster or emergency, which statement shall include the business' name, state of domicile, principal business address, federal tax identification number, date of entry, and contact information. (2) A registered business in this state shall provide the information required in paragraph (1) of this subsection to the department and to the Georgia Emergency Management Agency for any affiliate that enters this state that is an out-of-state business. The notification shall also include contact information for the registered business in this state. (h) The Georgia Emergency Management Agency and the department shall promulgate regulations as necessary to comply with the requirements of this Code section."

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

Approved April 15, 2014.

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REVENUE AND TAXATION DESIGNATED MILITARY ZONES; CHANGE IN CENSUS TRACTS DOES NOT AFFECT DESIGNATION.

No. 511 (House Bill No. 791).

AN ACT

To amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to provide that the redrawing

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of census tracts shall not disqualify a designated military zone from its designation as a less developed area; 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 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, is amended by revising paragraph (2) of subsection (c) as follows:
"(2) Any area composed of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; provided, however, that the subsequent redrawing or alteration of census tracts in a manner which results in an area no longer being in a census tract adjacent to a federal military installation shall not disqualify an area which has previously qualified under this paragraph if the area continues to have pervasive poverty as described in this paragraph;"

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

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

Approved April 15, 2014.

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CRIMINAL PROCEDURE TESTIMONY BY INDIVIDUALS UNDER 18 YEARS OF AGE
OUTSIDE PRESENCE OF ACCUSED IN CERTAIN CIRCUMSTANCES.

No. 512 (House Bill No. 804).

AN ACT

To amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of trial proceedings, so as to repeal provisions relating to the testimony of a child ten years old or younger by closed circuit television and persons entitled to be

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present; to provide for the testimony of individuals under 18 years of age outside the physical presence of an accused in criminal proceedings 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. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of trial proceedings, is amended by repealing Code Section 17-8-55, relating to the testimony of a child ten years old or younger by closed circuit television and persons entitled to be present, and by enacting a new Code Section 17-8-55 to read as follows:
"17-8-55. (a) As used in this Code section, the term 'child' means an individual who is under 17 years of age. (b) This Code section shall apply to all proceedings when a child is a witness to or an alleged victim of a violation of Code Section 16-5-1, 16-5-20, 16-5-23, 16-5-23.1, 16-5-40, 16-5-70, 16-5-90, 16-5-95, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, 16-6-5.1, 16-6-11, 16-6-14, 16-6-22, 16-6-22.1, 16-6-22.2, 16-8-41, or 16-15-4. (c) The court, upon the motion of the prosecuting attorney or the parent, legal guardian, or custodian of a child, or on its own motion, shall hold an evidentiary hearing to determine whether a child shall testify outside the physical presence of the accused. Such motion shall be filed, or requested by the court, at least ten days prior to trial unless the court shortens such time period for good cause, as it deems just under the circumstances. (d) The court may order a child to testify outside the physical presence of the accused, provided that the court finds by a preponderance of the evidence that such child is likely to suffer serious psychological or emotional distress or trauma which impairs such child's ability to communicate as a result of testifying in the presence of the accused. In determining whether a preponderance of the evidence has been shown, the court may consider any one or more of the following circumstances:
(1) The manner of the commission of the offense being particularly heinous or characterized by aggravating circumstances; (2) The child's age or susceptibility to psychological or emotional distress or trauma on account of a physical or mental condition which existed before the alleged commission of the offense; (3) At the time of the alleged offense, the accused was:
(A) The parent, guardian, legal custodian, or other person responsible for the custody or care of the child at the relevant time; or (B) A person who maintains or maintained an ongoing personal relationship with such child's parent, guardian, legal custodian, or other person responsible for the custody or care of the child at the relevant time and the relationship involved the person living in or frequent and repeated presence in the same household or premises as the child;

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(4) The alleged offense was part of an ongoing course of conduct committed by the accused against the child over an extended period of time; (5) A deadly weapon or dangerous instrument was used during the commission of the alleged offense; (6) The accused has inflicted serious physical injury upon the child; (7) A threat, express or implied, of physical violence to the child or a third person if the child were to report the incident to any person or communicate information to or cooperate with a court, grand jury, prosecutor, police officer, or law enforcement office concerning the incident has been made by or on behalf of the accused; (8) A threat, express or implied, of the incarceration of a parent, relative, or guardian of the child, the removal of the child from the family, or the dissolution of the family of the child if the child were to report the incident to any person or communicate information to or cooperate with a court, grand jury, prosecutor, police officer, or law enforcement office concerning the incident has been made by or on behalf of the accused; (9) A witness other than the child has received a threat of physical violence directed at such witness or to a third person by or on behalf of the accused, and the child is aware of such threat; (10) The accused, at the time of the inquiry:
(A) Is living in the same household with the child; (B) Has ready access to the child; or (C) Is providing substantial financial support for the child; or (11) According to expert testimony, the child would be particularly susceptible to psychological or emotional distress or trauma if required to testify in open court in the physical presence of the accused. (e) A court order allowing or not allowing a child to testify outside the physical presence of the accused shall state the findings of fact and conclusions of law that support the court's determination. An order allowing the use of such testimony shall: (1) State the method by which such child shall testify; (2) List any individual or category of individuals allowed to be in the presence of such child during such testimony, including the individuals the court finds contribute to the welfare and well-being of the child during his or her testimony; (3) State any special conditions necessary to facilitate the cross-examination of such child; (4) State any condition or limitation upon the participation of individuals in the child's presence during such child's testimony; (5) Provide that the accused shall not be permitted to be in the physical presence of a child during his or her testimony if the accused is pro se; (6) Provide that if counsel for the accused or the accused is precluded from being physically present during the child's testimony, then the prosecuting attorney shall likewise be precluded from being physically present; and (7) State any other condition necessary for taking or presenting such testimony.

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(f) The method used for allowing a child to testify outside the physical presence of the accused shall allow the judge, jury, and accused to observe the demeanor of the child as if he or she were testifying in the courtroom. When such testimony occurs it shall be transmitted to the courtroom by any device or combination of devices capable of projecting a live visual and oral transmission, including, but not limited to, a two-way closed circuit television broadcast, an Internet broadcast, or other simultaneous electronic means. The court shall ensure that:
(1) The transmitting equipment is capable of making an accurate transmission and is operated by a competent operator; (2) The transmission is in color and the child is visible at all times; (3) Every voice on the transmission is audible and identified; (4) The courtroom is equipped with monitors which permit the jury, the accused, and others present in the courtroom to see and hear the transmission; and (5) The image and voice of the child, as well as the image of all other persons other than the operator present in the testimonial room, are transmitted live."

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

Approved April 15, 2014.

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COMMERCE AND TRADE PROHIBIT BAD FAITH ASSERTIONS OF PATENT INFRINGEMENTS; REMEDIES.

No. 513 (House Bill No. 809).

AN ACT

To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit bad faith assertions of patent infringement; to provide for definitions; to provide for factors for determining whether a bad faith assertion of patent infringement has been made; to require the posting of a bond when a bad faith claim of patent infringement has been made; to provide for a civil cause of action; to provide for enforcement; to provide for damages; to provide for exclusions; 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 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new article to read as follows:

"ARTICLE 27A

10-1-770. As used in this article, the term:
(1) 'Claims in the patent' means the extent of protection conferred by a patent. (2) 'Demand letter' means a letter, e-mail, or other written communication asserting or claiming that the target has engaged in patent infringement. (3) 'Target' means a person:
(A) Who has received a demand letter or against whom an assertion or allegation of patent infringement has been made; (B) Who has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement; or (C) Whose customers have received a demand letter asserting that use of such person's product, service, or technology infringes a patent.

10-1-771. (a) A person shall not make a bad faith assertion of patent infringement. (b) A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement:
(1) The demand letter does not contain the following information: (A) The patent number; (B) The name and address of the patent owner or owners and assignee or assignees, if any; and (C) Factual allegations concerning the specific areas in which the target's products, services, and technology infringe the patent or are covered by the claims in the patent;
(2) Prior to sending the demand letter, the person fails to conduct an analysis comparing the claims in the patent to the target's products, services, and technology, or such an analysis was done but does not identify specific areas in which the products, services, and technology are covered by the claims in the patent; (3) The demand letter lacks the information described in paragraph (1) of this subsection, the target requests such information, and the author of the demand letter fails to provide such information within a reasonable period of time; (4) The demand letter demands payment of a license fee or response within an unreasonably short period of time; (5) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the patent;

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(6) The claim or assertion of patent infringement is meritless, and the person knew, or should have known, that the claim or assertion is meritless; (7) The claim or assertion of patent infringement is deceptive; (8) The person or its subsidiaries or affiliates have previously filed or threatened to file one or more lawsuits based on the same or similar claim of patent infringement and:
(A) Those threats or lawsuits lacked the information described in paragraph (1) of this subsection; or (B) The person attempted to enforce the claim of patent infringement in litigation, and a court found the claim to be meritless; or (9) Any other factor the court finds relevant. (c) A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement: (1) The demand letter contains the information described in paragraph (1) of subsection (b) of this Code section; (2) Where the demand letter lacks the information described in paragraph (1) of subsection (b) of this Code section and the target requests the information, the author of the demand letter provides the information within a reasonable period of time; (3) The author of the demand letter engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy; (4) The author of the demand letter makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent; (5) The author of the demand letter is: (A) The inventor or joint inventor of the patent or, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or (B) An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education; (6) The author of the demand letter has: (A) Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or (B) Successfully enforced the patent, or a substantially similar patent, through litigation; or (7) Any other factor the court finds relevant.

10-1-772. If proceedings are initiated in a court of competent jurisdiction by the author of a demand letter or the author's agent, principal, client, or employee, a target may move that a bad faith assertion of patent infringement has been made in violation of this article and request that a protective order be issued as described in this Code section. Upon such motion and a finding by the court that a target has established a reasonable likelihood that an author of a demand letter has made a bad faith assertion of patent infringement, the court shall

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require the author of the demand letter to post a bond in an amount equal to a good faith estimate of the target's expenses of litigation, including an estimate of reasonable attorney's fees, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. A bond ordered pursuant to this Code section shall not exceed $250,000.00. The court may waive the bond requirement if it finds the author of the demand letter has available assets equal to the amount of the proposed bond or for other good cause shown.

10-1-773. (a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act,' and the enforcement against any such violation shall be by public enforcement by the administrator and shall be enforceable through private action. (b) Whenever it may appear to the administrator that any person is using or has used any method, act, or practice declared by this article to be unlawful and that proceedings would be in the public interest, the administrator may bring action in a court of competent jurisdiction. Upon a showing by the administrator that a person has violated this article, the court may enter or grant any or all of the relief provided for in Code Section 10-1-397. (c) Any person who suffers injury or damages as a result of a violation of this article may bring an action individually against the person or persons engaged in such violation under the rules of civil procedure to seek equitable injunctive relief and to recover his or her general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant. Such relief may include:
(1) Restitution to any person or persons adversely affected by a defendant's actions in violation of this article; (2) Punitive damages in an amount equal to $50,000.00 or three times the combined total of damages, costs, and fees, whichever is greater; (3) Expenses of litigation, including reasonable attorney's fees; and (4) Other relief as the court deems just and equitable. (d) Except as otherwise provided, this article is cumulative with other laws and is not exclusive.

10-1-774. A demand letter or civil action that includes a claim for relief arising under 35 U.S.C. Section 271(e)(2) or 42 U.S.C. Section 262 shall not be subject to the provisions of this article."

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

Approved April 15, 2014.

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PROPERTY CONDOMINIUM ASSOCIATION; STANDING TO PARTICIPATE IN LITIGATION.

No. 514 (House Bill No. 820).

AN ACT

To amend Code Section 44-3-106 of the Official Code of Georgia Annotated, relating to the powers and responsibilities of condominium associations and tort actions, so as to clarify provisions relating to the standing of the association to participate in litigation under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 44-3-106 of the Official Code of Georgia Annotated, relating to the powers and responsibilities of condominium associations and tort actions, is amended by revising subsection (h) and adding a new subsection to read as follows:
"(h) The association shall have the capacity, power, and standing to institute, intervene in, prosecute, represent in, or defend, in its own name, litigation, administrative or other proceedings of any kind concerning claims or other matters relating to any portions of the units or common elements which the association has the responsibility to administer, repair, or maintain; and such capacity, power, and standing shall not be waived, abridged, modified, or removed by any provision of any contract or document, including the condominium instruments, that were recorded, entered into, or established prior to the expiration of the period of the declarant's right to control the association as set forth in subsection (a) of Code Section 44-3-101. (i) This Code section shall not alter, modify, or remove the association's obligation to comply with Part 2A of Article 1 of Chapter 2 of Title 8."

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

Approved April 15, 2014.

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BANKING AND FINANCE INTEREST DOES NOT INCLUDE CERTAIN AGREED UPON FEES.

No. 515 (House Bill No. 824).

AN ACT

To amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury generally, so as to clarify that the term "interest" does not include certain fees agreed upon by a financial institution and a depositor in a written agreement between the parties; 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 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury generally, is amended by adding a new subsection to Code Section 7-4-2, relating to the legal and maximum rates of interest, to read as follows:
"(d) Notwithstanding the foregoing, fees and other charges agreed upon by a financial institution and depositor, as defined in Code Section 7-1-4, in a written agreement governing a deposit, share, or other account, including, but not limited to, overdraft and nonsufficient funds, delinquency or default charges, returned payment charges, stop payment charges, or automated teller machine charges, shall not be considered interest."

SECTION 2. Said article is further amended by adding a new subsection to Code Section 7-4-18, relating to criminal penalties for charging excessive interest, to read as follows:
"(d) Notwithstanding the foregoing, fees and other charges agreed upon by a financial institution and depositor, as defined in Code Section 7-1-4, in a written agreement governing a deposit, share, or other account, including, but not limited to, overdraft and nonsufficient funds, delinquency or default charges, returned payment charges, stop payment charges, or automated teller machine charges, shall not be considered interest."

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SECTION 3. It is not the intent of the General Assembly to affect the law applicable to litigation pending as of February 19, 2014.

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

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

Approved April 15, 2014.

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ALCOHOLIC BEVERAGES FRUIT GROWERS LICENSED AS FARM WINERIES; LICENSE FOR PRODUCTION OF DISTILLED SPIRITS AND FORTIFIED WINES; TASTING ROOMS.

No. 516 (House Bill No. 825).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to permit fruit growers licensed as farm wineries to obtain a license authorizing the production of distilled spirits and fortified wines pursuant to certain conditions; to limit the number and location of tasting rooms a farm winery also licensed as a manufacturer of distilled spirits is authorized to have; 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 subsection (c) of and adding a new subsection (f) to Code Section 3-4-24, relating to issuance of license to fruit growers 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, and educational and promotional tours, as follows:

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"(c) It shall be 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." "(f) The commissioner may issue a license pursuant to this Code section to a fruit grower licensed as a farm winery authorizing such fruit grower to manufacture distilled spirits and fortified wines for sale exclusively through a licensed and designated wholesaler; provided, however, that the farm winery has no more than one tasting room located on its licensed premises. For purposes of this subsection, the term 'licensed premises' shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the winery."

SECTION 2. Title 3 is further amended by revising subsection (b) of Code Section 3-6-21.1, relating to the licensing of farm wineries to engage in retail and wholesale sales, surety bonds, and excise taxes, as follows:
"(b) The commissioner may authorize any Georgia farm winery to offer wine samples and to make retail sales of its wine and the wine of any other Georgia farm winery in tasting rooms at the winery and at five additional locations in this state for consumption on the premises and in closed packages for consumption off the premises; provided, however, that notwithstanding any other provisions of this title to the contrary, if the licensee is also issued a license pursuant to Code Section 3-4-24, the commissioner shall not authorize more than one tasting room for such Georgia farm winery and shall require that such tasting room shall be located on the licensed premises of the Georgia farm winery; and provided, further, that the Georgia farm winery shall not sell its wine or the wine of any other farm winery in more than one tasting room, and such tasting room shall be located on the licensed premises of the Georgia farm winery. For purposes of this subsection, the term 'licensed premises' shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the farm winery."

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

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

Approved April 15, 2014.

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LOCAL GOVERNMENT BONDED DEBT; REPEAL POPULATION PROVISION.

No. 517 (House Bill No. 834).

AN ACT

To amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, so as to repeal certain provisions relating to population brackets and the census; 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 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, is amended by repealing subsection (b.1), which reads as follows:
"(b.1) In all counties of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, no county-wide bond election or school bond election in the unincorporated area of any such county shall be held on any date other than the date of the November general election; provided, however, that upon a determination by any superior court of competent jurisdiction that the holding of such election on the date of the November general election would cause irreparable harm to the electors of any such county, such election shall be held in the manner provided for in subsection (b) of this Code section."

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

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

Approved April 15, 2014.

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CRIMES AND OFFENSES REVISE SCHEDULES OF CONTROLLED SUBSTANCES; REVISE DEFINITION OF DANGEROUS DRUG.

No. 518 (House Bill No. 835).

AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedules I, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled

substances, is amended by adding new subparagraphs to paragraph (3) of Code

Section 16-13-25, relating to Schedule I controlled substances, to read as follows:

"(NNN) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine (2C-E);

(OOO)

2-(2,5-Dimethoxy-4-nitrophenyl)-N-(2-methoxybenzyl)ethanamine

(25N-NBOMe);

(PPP) 4-acetoxy-N-ethyl-N-methyltryptamine (4-AcO-MET);

(QQQ) 4-nitro-2,5-dimethoxyphenethylamine (2C-N);

(RRR) 5-methoxy-N,N-methylisopropyltryptamine (5-MeO-MIPT);

(SSS) Methoxetamine;

(TTT) N-acetyl-3,4-methylenedioxymethcathinone;"

SECTION 2. Said chapter is further amended by adding a new subparagraph to paragraph (4) of Code Section 16-13-25, relating to Schedule I controlled substances, to read as follows:
"(D) Para-methoxyphenylpiperazine (MeOPP);"

SECTION 3. Said chapter is further amended by adding new subparagraphs to paragraph (12) of Code Section 16-13-25, relating to Schedule I controlled substances, to read as follows:
"(T) 1-(5-fluoropentyl)-N-(tricyclo[3.31.13,7]dec-1-yl)-1H-indole-3-carboxamide (STS-135); (U) 1-naphthalenyl[4-(pentylox)-1-naphthalenyl]-methanone (CB-13); (V) N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide (NNEI);

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(W) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-carboxamide (ADBICA); (X) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone (AM-2201 benzimidazole analog); (Y) Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); (Z) Naphthalen-1-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FDU-PB-22)."

SECTION 4. Said chapter is further amended in Code Section 16-13-27, relating to Schedule III controlled substances, by replacing the period with a semicolon at the end of paragraph (12) and by adding a new paragraph to read as follows:
"(13) Perampanel and its salts, isomers, and salts of isomers."

SECTION 5.
Said chapter is further amended by adding new paragraphs to subsection (a) of Code Section
16-13-28, relating to Schedule IV controlled substances, to read as follows: "(17.5) Lorcaserin;" "(31.5) Tramadol [2-((dimethylamino)methyl)-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers];"

SECTION 6.
Said chapter is further amended in Code Section 16-13-71, relating to the definition of a
dangerous drug, by revising paragraphs (322) and (349.7) of subsection (b) and by adding
new paragraphs to subsection (b) to read as follows: "(16.5) Ado-trastuzumab;" "(17.1) Afatinib;" "(22.3) Alogliptin;" "(77.3) Bazedoxifene;" "(130.1) Canagliflozin;" "(235.7) Dabrafenib;" "(291.5) Dimethyl fumarate;" "(316.4) Dolutegravir;" "(322) Reserved;" "(349.3) Eslicarbazepine;" "(349.7) Esomeprazole See exceptions;" "(402.6) Flutemetamol F18;" "(408.5) Gadoterate meglumine;" "(420.2) Glycerol phenylbutyrate;" "(463.5) Ibrutinib;" "(517.35) Levomilnacipran;" "(531.3) Luliconazole;"

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"(534.5) Macitentan;" "(619.05) Mipomersen;" "(661.1) Obinutuzumab;" "(661.15) Ocilizumab;" "(665.6) Ospemifene;" "(752.05) Pomalidomide;" "(843.1) Riociguat;" "(857.1) Simeprevir;" "(881.03) Sofosbuvir;" "(903.15) Sucroferric oxyhydroxide;" "(973.7) Trametinib;" "(1030.4) Vilanterol;" "(1037.8) Vortioxetine;"

SECTION 7. Said chapter is further amended by adding a new paragraph to subsection (c) of Code Section 16-13-71, relating to the definition of a dangerous drug, to read as follows:
"(9.4) Esomeprazole when a single dosage unit is 20 mg. or less;"

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 15, 2014.

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CRIMES AND OFFENSES PROHIBIT TRANSMISSION OF PHOTOGRAPHY OR VIDEO DEPICTING NUDITY OR SEXUALLY EXPLICIT CONDUCT UNDER CERTAIN CIRCUMSTANCES.

No. 519 (House Bill No. 838).

AN ACT

To amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to prohibit the transmission of photography or video depicting nudity or sexually explicit conduct of an adult under certain circumstances; to provide for definitions; to provide for penalties; to provide for venue; to provide for exceptions; to provide for rebuttable presumption; 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 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by adding a new part to read as follows:

"Part 3

16-11-90. (a) As used in this Code section, the term:
(1) 'Harassment' means engaging in conduct directed at a depicted person that is intended to cause substantial emotional harm to the depicted person. (2) 'Nudity' means:
(A) The showing of the human male or female genitals, pubic area, or buttocks without any covering or with less than a full opaque covering; (B) The showing of the female breasts without any covering or with less than a full opaque covering; or (C) The depiction of covered male genitals in a discernibly turgid state. (3) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (b) A person violates this Code section if he or she, knowing the content of a transmission or post, knowingly and without the consent of the depicted person: (1) Electronically transmits or posts, in one or more transmissions or posts, a photograph or video which depicts nudity or sexually explicit conduct of an adult when the

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transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person; or (2) Causes the electronic transmission or posting, in one or more transmissions or posts, of a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person. (c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both. (d) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this Code section which the person engages in while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides in this state; or (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides within or outside this state. (e) The provisions of subsection (b) of this Code section shall not apply to: (1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; (2) Legitimate medical, scientific, or educational activities; (3) Any person who transmits or posts a photograph or video depicting only himself or herself engaged in nudity or sexually explicit conduct; (4) The transmission or posting of a photograph or video that was originally made for commercial purposes; or (5) Any person who transmits or posts a photograph or video depicting a person voluntarily engaged in nudity or sexually explicit conduct in a public setting; or (6) The transmission is made pursuant to or in anticipation of a civil action. (f) There shall be a rebuttable presumption that an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet, for content provided by another person, does not know the content of an electronic transmission or post. (g) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title."

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

Approved April 15, 2014.

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APPEAL AND ERROR PAYMENT OF COSTS AND INDIGENCY AFFIDAVITS.

No. 520 (House Bill No. 842).

AN ACT

To amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions for certiorari and appeal to appellate courts generally, so as to clarify provisions relating to payment of costs and indigency affidavits; 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 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions for certiorari and appeal to appellate courts generally, is amended by revising Code Section 5-6-4, relating to bill of costs, payment of costs, and filing of affidavit of indigence, as follows:
"5-6-4. (a) The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00 in criminal cases and in habeas corpus cases for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court and $300.00 in all other civil cases. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs. (b) Costs shall not be required when at the time the same are due:
(1) The pro se applicant or pro se appellant is incarcerated at the time of the filing; (2) Counsel for the applicant or appellant was appointed to represent the defendant by the trial court because of the defendant's indigency; or (3) The applicant, appellant, or counsel for applicant or appellant files an affidavit of indigency. (c) The clerk shall be prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or the provisions of subsection (b) of this Code section have been satisfied."

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

Approved April 15, 2014.

__________

RETIREMENT AND PENSIONS REVISE TO COMPLY WITH FEDERAL LAW.

No. 521 (House Bill No. 843).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change certain provisions to ensure compliance with federal laws and regulations; to change provisions relative to maximum allowable benefits; to provide that certain employees shall have no right to receive as cash certain employer paid employee contributions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is

amended by revising Code Section 47-1-82, relating to maximum benefit limited to that

allowed by federal law, nonannuity benefit, reduction, and adjustments, as follows:

"47-1-82.

Notwithstanding any other provisions of this title to the contrary, the maximum annual

additions and maximum benefit payable to any active or retired member or beneficiary of

a public retirement or pension system subject to this title shall be limited to such extent as

may be necessary to conform to the requirements of subsections (b) and (c) of Section 415

of the federal Internal Revenue Code for a qualified retirement plan.

"

SECTION 2. Said title is further amended by revising Code Section 47-1-83, relating to maximum permissible amount under Section 415(b) of federal Internal Revenue Code and adjustments, as follows:
"47-1-83. In accordance with subsection (a) of the federal Treasury Regulation Section 1.401-6, in the event of a termination or partial termination of a public retirement or pension system, a member's accrued benefit as of the date of such termination or partial termination, to the

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extent then funded, shall be nonforfeitable and fully vested under federal Internal Revenue Code requirements."

SECTION 3. Said title is further amended in Code Section 47-6-60, relating to employee contributions to the Georgia Legislative Retirement System, payment of employee contributions on behalf of the member, and additional contributions, by adding a new subsection to read as follows:
"(g) The employee contributions described in this chapter that are paid by the employer are intended to be pick-up contributions in accordance with Section 414(h) of the federal Internal Revenue Code. Such contributions are mandatory, and no member is entitled under any circumstances to receive such contributions in cash in lieu of having them contributed to the retirement system. Such contributions shall be 100 percent vested for all purposes under the retirement system."

SECTION 4. Said title is further amended in Code Section 47-23-80, relating to contributions by superior court judges and district attorneys to the Georgia Judicial Retirement System and employer contributions, by adding a new subsection to read as follows:
"(e) The employee contributions described in this chapter that are paid by the employer are intended to be pick-up contributions in accordance with Section 414(h) of the federal Internal Revenue Code. Such contributions are mandatory, and no member is entitled under any circumstances to receive such contributions in cash in lieu of having them contributed to the retirement system. Such contributions shall be 100 percent vested for all purposes under the retirement system."

SECTION 5. Said title is further amended in Code Section 47-23-81, relating to contributions by judges and solicitors-general of state courts to the Georgia Judicial Retirement System, employer contributions, and reports required, by adding a new subsection to read as follows:
"(e) The employee contributions described in this chapter that are paid by the employer are intended to be pick-up contributions in accordance with Section 414(h) of the federal Internal Revenue Code. Such contributions are mandatory, and no member is entitled under any circumstances to receive such contributions in cash in lieu of having them contributed to the retirement system. Such contributions shall be 100 percent vested for all purposes under the retirement system."

SECTION 6. Said title is further amended in Code Section 47-23-82, relating to contributions by juvenile court judges to the Georgia Judicial Retirement System, employer contributions, and reports required, by adding a new subsection to read as follows:

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"(e) The employee contributions described in this chapter that are paid by the employer are intended to be pick-up contributions in accordance with Section 414(h) of the federal Internal Revenue Code. Such contributions are mandatory, and no member is entitled under any circumstances to receive such contributions in cash in lieu of having them contributed to the retirement system. Such contributions shall be 100 percent vested for all purposes under the retirement system."

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

Approved April 15, 2014.

__________

COURTS BRAIN AND SPINAL INJURY TRUST FUND; ADDITIONAL PENALTY FOR FOR RECKLESS DRIVING.

No. 522 (House Bill No. 870).

AN ACT

To amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to provide for the imposition of an additional fine for reckless driving; to provide for the disposition of such fine; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, is amended by revising Code Section 15-21-151, which was previously reserved, as follows:
"15-21-151. (a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any violation of Code Section 40-6-390, relating to reckless driving, or for violations of ordinances of political subdivisions which have adopted by reference Code Section 40-6-390, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine. Such sums shall be in addition to any amount

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required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this chapter. (b) The sums provided for in subsection (a) of this Code section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Brain and Spinal Injury Trust Fund Commission created in Code Section 15-21-142, to be deposited into the Brain and Spinal Injury Trust Fund."

SECTION 2. This Act shall become effective on January 1, 2015, provided that a constitutional amendment is passed by the General Assembly and is ratified by the voters in the November, 2014, General Election amending the State Constitution to add the offense of reckless driving to the offenses for which the General Assembly may impose additional penalties or fees to be paid into the Brain and Spinal Injury Trust Fund.

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

Approved April 15, 2014.

__________

BANKING AND FINANCE GEORGIA MERCHANT ACQUIRER LIMITED PURPOSES BANKS; CORRECT CROSS-REFERENCES.

No. 523 (House Bill No. 883).

AN ACT

To amend Chapter 9 of Title 7 of the Official Code of Georgia Annotated, relating to Georgia merchant acquirer limited purpose banks, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 7 of the Official Code of Georgia Annotated, relating to Georgia merchant acquirer limited purpose banks, is amended by revising Code Section 7-9-2, relating to definitions, as follows:

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"7-9-2. As used in this chapter, the term:
(1) 'Commissioner' means the commissioner of banking and finance. (2) 'Corporation' means a corporation organized under the laws of this state, the United States, or any other state, territory, or dependency of the United States or under the laws of a foreign country. (3) 'Department' means the Department of Banking and Finance. (4) 'Eligible organization' means a corporation that at all times maintains an office in the State of Georgia at which it or its parent, affiliates, or subsidiaries employ at least 250 persons residing in this state who are directly or indirectly engaged in merchant acquiring activities or settlement activities, including providing the following services related to merchant acquiring activities or settlement activities, either for the eligible organization or on behalf of others:
(A) Administrative support; (B) Information technology support; (C) Financial support; and (D) Tax and finance support. (5) 'Holding company' means any company that controls a merchant acquirer limited purpose bank. For purposes of this paragraph, the terms 'company' and 'control' shall have the meanings set forth in Code Section 7-1-605. (6) 'Merchant' means an individual or entity authorized by a payment card network to accept payments in exchange for goods or services. (7) 'Merchant acquirer limited purpose bank' means a corporation organized under this chapter and the activities of which are limited to those permitted under Code Section 7-9-12. (8) 'Merchant acquiring activities' means the various activities associated with effecting transactions within payment card networks, including obtaining and maintaining membership in one or more payment card networks; signing up and underwriting merchants to accept payment card network branded payment cards; providing the means to authorize valid card transactions at client merchant locations; facilitating the clearing and settlement of the transactions through a payment card network; providing access to one or more payment card networks to merchant acquirer limited purpose bank affiliates, customers, or customers of its affiliates; sponsoring the participation of merchant acquirer limited purpose bank affiliates, customers, or customers of its affiliates in one or more payment card networks; and conducting such other activities as may be necessary, convenient, or incidental to effecting transactions within payment card networks. (9) 'Payment card network' means any organization, group, system, or other collection of individuals or entities that is organized to allow participants to accept or make payments for goods or services using a credit card, debit card, or any other payment device.

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(10) 'Self-acquiring activities' means the act of a merchant, for itself or through an affiliated entity, engaging in merchant acquiring or settlement activities on its own behalf for payments it, or its affiliated entity, receives for goods and services it, or its affiliated entity, provides to consumers. (11) 'Settlement activities' means the processing of payment card transactions to send to a payment card network for processing, to make payments to a merchant, and, ultimately, for cardholder billing."

SECTION 2. Said chapter is further amended by revising Code Section 7-9-13, relating to enforcement of rules and regulation by the department, as follows:
"7-9-13. (a) All merchant acquirer limited purpose banks chartered by the department shall be subject to supervision, regulation, and examination by the department, including, but not limited to, the examination powers as provided in Code Sections 7-1-64 through 7-1-73, and the department shall have all enforcement powers provided in this title. (b) In the event any chartered merchant acquirer limited purpose bank does not conduct its activities within the limitations provided in Code Section 7-9-12, the department may require such merchant acquirer limited purpose bank to cease all unauthorized activities. In the event such chartered merchant acquirer limited purpose bank fails to abide by such order, the department may:
(1) Impose upon the chartered merchant acquirer limited purpose bank or its parent holding company a penalty of up to $10,000.00 per day for each day such order is violated; and (2) Require divestiture of such chartered merchant acquirer limited purpose bank by any holding company not qualified to acquire such chartered merchant acquirer limited purpose bank on the date it ceased to operate within the limitations imposed by Code Section 7-9-12 and became a bank for purposes of this title. (c) The department shall have the power to promulgate rules and regulations implementing the provisions of this chapter."

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

Approved April 15, 2014.

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REVENUE AND TAXATION SALES AND USE TAXES; EXEMPTION FOR MACHINERY AND OTHER ITEMS USED IN MANUFACTURING; INCLUDE CONSUMABLE SUPPLIES.

No. 524 (House Bill No. 900).

AN ACT

To amend Code Section 48-8-3.2 of the Official Code of Georgia Annotated, relating to a state sales tax exemption for machinery and other items used in manufacturing, so as to include consumable supplies in the exemption; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 48-8-3.2 of the Official Code of Georgia Annotated, relating to a state sales tax exemption for machinery and other items used in manufacturing, is amended by revising paragraphs (1) and (3) of subsection (a) and paragraph (7) of subsection (e) as follows:
"(1) 'Consumable supplies' means tangible personal property, other than machinery and industrial materials, that is consumed or expended during the manufacture of tangible personal property. The term includes, but is not limited to, water treatment chemicals for use in, on, or in conjunction with machinery or equipment and items that are readily disposable. The term excludes packaging supplies and energy." "(3) 'Equipment' means tangible personal property, other than machinery and industrial materials. The term includes durable devices and apparatuses that are generally designed for long-term continuous or repetitive use. The term also includes consumable supplies. Examples of equipment include, but are not limited to, machinery clothing, cones, cores, pallets, hand tools, tooling, molds, dies, waxes, jigs, patterns, conveyors, safety devices, and pollution control devices. The term includes components and repair or replacement parts. The term excludes real property." "(7) Machinery or equipment used to provide safety for the employees working at a manufacturing plant, including, but not limited to, safety machinery and equipment required by federal or state law, gloves, ear plugs, face masks, protective eyewear, hard hats or helmets, or breathing apparatuses;"

SECTION 2. This Act shall become effective on July 1, 2014.

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

Approved April 15, 2014.

__________

CONSERVATION AND NATURAL RESOURCES EXTEND SUNSET DATE FOR TIRE FEES.

No. 525 (House Bill No. 908).

AN ACT

To amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the sunset date for tire fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, is amended by revising paragraph (3) of subsection (h) as follows:
(3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2019. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the solid waste trust fund.

SECTION 2. This Act shall become effective on June 30, 2014.

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

Approved April 15, 2014.

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REVENUE AND TAXATION INCORPORATE PROVISIONS OF FEDERAL LAW INTO GEORGIA LAW; CHANGE PROVISIONS REGARDING CERTAIN STATE REGISTRATION APPLICATIONS.

No. 526 (House Bill No. 918).

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 change the provisions regarding certain state registration applications; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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, 2013, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2014, except that Section 85(c), Section 108(i), Section 163(e)(5)(F) Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E), Section 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public 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, shall be $250,000.00 for tax years beginning in 2011, shall be $250,000.00 for tax years beginning in 2012, and shall be $250,000.00 for tax years

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beginning in 2013, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010, shall be $800,000.00 for tax years beginning in 2011, shall be $800,000.00 for tax years beginning in 2012, and shall be $800,000.00 for tax years beginning in 2013, and provided that Section 1106 of federal Public Law 112-95 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2013)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2013),' and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95. 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, 2014, 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, 2013, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2014, 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 paragraph (4) of subsection (f) of Code Section 48-2-32, relating to forms of payment, as follows:
"(4) In addition to the requirements contained in paragraphs (2), (2.1), and (3) of this subsection, every third-party payroll provider who prepares or remits, or both, Georgia withholding tax for more than 250 employers must pay the taxes by electronic funds transfer. Also, such third-party payroll providers must submit all state withholding tax registration applications electronically in the manner specified by the department. Any state withholding tax registration applications that are not submitted electronically by such third-party payroll provider in the manner specified by the department shall not be considered by the department."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 1 shall be applicable to all taxable years beginning on or after January 1, 2013.

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

Approved April 15, 2014.

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INSURANCE UNCLAIMED LIFE INSURANCE BENEFITS.

No. 527 (House Bill No. 920).

AN ACT

To amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for unclaimed life insurance benefits provisions; to provide for a short title; to provide for a purpose; to provide for definitions; to provide for insurer conduct; to provide for insurer unclaimed property reporting; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by adding a new Code section to read as follows:
"33-25-14. (a) This Code section shall be known and may be cited as the 'Unclaimed Life Insurance Benefits Act.' (b) This Code section shall require recognition of the escheat or unclaimed property statutes of this state and require the complete and proper disclosure, transparency, and accountability relating to any method of payment for life insurance death benefits regulated by the Insurance Department; provided, however, that neither the Commissioner nor the State Treasurer shall promulgate regulations or issue bulletins that impose, or interpret this Code section to impose, additional duties and obligations on insurers, beyond those set forth in this Code section, or otherwise attempt to expand the requirements of this Code section. (c) As used in this Code section, the term:
(1) 'Account owner' means the owner of a retained asset account who is a resident of this state. (2) 'Annuity' means an annuity contract issued in this state. The term 'annuity' shall not include any annuity contract used to fund an employment-based retirement plan or program where the insurer takes direction from the plan sponsor and plan administrator. (3) 'Death Master File' means the Social Security Administration's Death Master File or any other data base or service that is at least as comprehensive as the Social Security Administration's Death Master File for determining that a person has reportedly died. (4) 'Death Master File match' means a search of the Death Master File that results in a match of a person's name and social security number or the name and date of birth.

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(5) 'Insurer' means a life insurance company authorized to transact the class of insurance designated in Code Section 33-3-5 as Class (1). (6) 'Knowledge of death' means, for purposes of this chapter and Article 5 of Chapter 12 of Title 44:
(A) A receipt of an original or valid copy of a certified death certificate; or (B) A Death Master File match validated by a secondary source by the insurer. (7) 'Person' means the policy owner, insured, annuity owner, annuitant, or account owner, as applicable under the policy, annuity, or retained asset account subject to this Code section. (8) 'Policy' means any policy or certificate of life insurance issued in this state. The term 'policy' shall not include: (A) Any policy or certificate of life insurance that provides a death benefit under an employee benefit plan subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1002, as periodically amended, or under any federal employee benefit program; (B) Any policy or certificate of life insurance that is used to fund a preneed funeral contract or prearrangement; (C) Any policy or certificate of credit life or accidental death insurance; or (D) Any policy issued to a group master policyholder for which the insurer does not provide record keeping services. (9) 'Record keeping services' means those circumstances under which the insurer has agreed with a group policyholder to be responsible for obtaining, maintaining, and administering in its own systems information about each individual insured under an insured's group insurance contract, or a line of coverage thereunder, at least the following information: (A) Social security number or name and date of birth; (B) Beneficiary designation information; (C) Coverage eligibility; (D) Benefit amount; and (E) Premium payment status. (d)(1)(A) An insurer shall perform a comparison of its in-force policies, annuities, and retained asset accounts issued in this state against a Death Master File, on at least a semiannual basis, to identify potential Death Master File matches. (B) An insurer may comply with the requirements of this subsection by using the full Death Master File once and thereafter using the Death Master File update files for future comparisons. (C) Nothing in this subsection shall limit the insurer from requesting a valid death certificate as part of any claims validation process. (2)(A) If an insurer learns of the possible death of a person, through a Death Master File match or otherwise, then the insurer shall within 90 days:

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(i) Complete a good faith effort, which shall be documented by the insurer, to confirm the death of the person against other available records and information; (ii) Review its records to determine whether the deceased person had purchased any other products with the insurer; (iii) Determine whether benefits may be due in accordance with any applicable policy, annuity, or retained asset account; and (iv) If the beneficiary or other authorized representative has not communicated with the insurer within the 90 day period, take reasonable steps, which shall be documented by the insurer, to locate and contact the beneficiary or beneficiaries or other authorized representative on any such policy, annuity, or retained asset account, including but not limited to sending the beneficiary information regarding the insurer's claims process, including the need to provide an official death certificate if applicable under the policy, annuity, or retained asset account. (B) In the event the insurer is unable to confirm the death of a person following a Death Master File match, an insurer may consider such policy, annuity, or retained asset account to be in-force in accordance with its terms. (3) To the extent permitted by law, an insurer may disclose minimum necessary personal information about a person or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer in locating the beneficiary or a person otherwise entitled to payment of the claims proceeds. (4) An insurer or its service provider shall not charge any beneficiary or other authorized representative for any fees or costs associated with a Death Master File search or verification of a Death Master File match conducted pursuant to this subsection. (5) The benefits from a life insurance policy, annuity, or retained asset account, plus any applicable accrued interest, shall be payable pursuant to the terms of the contract or, if applicable, in accordance with probate law. In the event the proper recipients cannot be found, the benefits shall escheat to the state as unclaimed property pursuant to Code Section 44-12-198. Interest payable under Code Section 33-25-10 shall not be payable as unclaimed property under Code Section 44-12-198. (6) The Commissioner may adopt such rules and regulations as may be reasonably necessary to implement the provisions of this subsection. (7) The Commissioner may, in his or her reasonable discretion, make an order: (A) Limiting an insurer's Death Master File comparisons required under paragraph (1) of this subsection to the insurer's electronic searchable files or approving a plan and timeline for conversion of the insurer's files to electronic searchable files; (B) Exempting an insurer from the Death Master File comparisons required under paragraph (1) of this subsection or permitting an insurer to perform such comparisons less frequently than semiannually upon a demonstration of financial hardship by the insurer; or (C) Phasing in compliance with this subsection according to a plan and timeline approved by the Commissioner.

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(8) Failure to meet any requirement of this subsection with such frequency as to constitute a general business practice is a violation of Chapter 6 of this title. Nothing herein shall be construed to create or imply a private cause of action for a violation of this subsection. (e) In the event that an insurer: (1) Has identified a person as deceased through a Death Master File match through a search described in paragraph (1) of subsection (d) of this Code section or other information source; (2) Has validated such information through a secondary information source; and (3) Is unable to locate a beneficiary located in this state under the policy, annuity, or retained asset account after conducting reasonable search efforts during the period of up to one year after the insurer's validation of the Death Master File match, or if no beneficiary, if the person, as applicable for unclaimed reporting purposes, has a last known address in this state, then the insurer is authorized to report and remit the proceeds of such policy, annuity, or retained asset account due to this state on an early reporting basis, without further notice or consent by the state, after attempting to contact such beneficiary pursuant to Code Section 44-12-198. Once reported and proceeds remitted, the insurer shall be relieved and indemnified from any and all additional liability to any person relating to the proceeds reported and remitted, including but not limited to any liability under Code Section 44-12-214 for all proceeds reported and remitted to the state pursuant to this subsection. This indemnification from liability shall be in addition to any other protections provided by law."

SECTION 2. This Act shall be applicable to policies issued or renewed on or after January 1, 2015.

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

Approved April 15, 2014.

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STATE GOVERNMENT PROCEDURES FOR SELECTING DELEGATES AND STANDARDS FOR ARTICLE V CONVENTIONS.

No. 528 (House Bill No. 930).

AN ACT

To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide definitions; to provide for the method of selecting delegates and alternate delegates to an Article V convention; to provide for the qualifications of delegates and alternate delegates; to provide for the recall of delegates and alternate delegates; to provide for oaths; to provide for expenses; to provide that the General Assembly shall adopt standards and instructions for Article V convention delegates; to provide for replacement of delegates by alternate delegates; to provide for the void of votes of delegates and alternate delegates under certain circumstances; to provide for the forfeiture of the appointment as a delegate or alternate delegate under certain circumstances; to provide for the revocation of a resolution calling for an Article V convention under certain circumstances; to prohibit certain votes by delegates and alternate delegates; to provide for penalties; to provide for an advisory group and its composition, powers, duties, and procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, is amended by designating all of the existing text as Article 1 and adding a new article to read as follows:

"ARTICLE 2

50-1-30. This article shall apply whenever a convention is called pursuant to Article V of the United States Constitution.

50-1-31. As used in this article, the term:
(1) 'Advisory group' means the Article V convention delegate advisory group established by Code Section 50-1-38.

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(2) 'Alternate delegate' means an individual appointed as an alternate delegate as provided by law. (3) 'Article V convention' means a convention for proposing amendments to the Constitution of the United States called for by the states under Article V of the Constitution of the United States. (4) 'Chamber' means either the House of Representatives or the Senate. (5) 'Delegate' means an individual appointed as provided by law to represent Georgia at an Article V convention. (6) 'House of Representatives' means the House of Representatives of the Georgia General Assembly. (7) 'Senate' means the Senate of the Georgia General Assembly.

50-1-32. (a) An individual shall satisfy the following to be appointed as a delegate to an Article V convention:
(1) The individual shall reside in Georgia; (2) The individual shall be a registered elector of the State of Georgia; (3) The individual shall be at least 18 years of age; (4) The individual shall not be registered or required to be registered as a lobbyist under Article 4 of Chapter 5 of Title 21 or any rules and regulations adopted thereunder; and (5) The individual shall not hold any federal office. (b) An individual appointed as an alternate delegate shall have the same qualifications as a delegate as provided under subsection (a) of this Code section. (c) Whenever an Article V convention is called, the General Assembly shall appoint the five delegates allocated to represent Georgia and an equal number of alternate delegates. If the General Assembly is not in session during the time during which delegates to an Article V convention shall be appointed, the Governor shall call the General Assembly into special session under Article V, Section II, Paragraph VII of the Constitution of Georgia for the purpose of appointing delegates and alternate delegates. (d) The delegates provided for by subsection (c) of this Code section shall be appointed as follows: (1) Two delegates shall be appointed by majority vote of the Senate where at least one delegate appointed pursuant to this paragraph shall be a member of the Senate at the time of appointment; (2) Two delegates shall be appointed by majority vote of the House of Representatives where at least one delegate appointed pursuant to this paragraph shall be a member of the House of Representatives at the time of appointment; and (3) One delegate shall be appointed by receiving, in each chamber, the vote of a majority of all the members elected to that chamber.

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(e) The alternate delegates provided for by subsection (c) of this Code section shall consist of a first alternate delegate, second alternate delegate, third alternate delegate, fourth alternate delegate, and fifth alternate delegate who shall be appointed as follows:
(1) The first alternate delegate shall be appointed by receiving, in each chamber, the vote of a majority of all the members elected to that chamber; (2) The second and fifth alternate delegate shall be appointed by majority vote of the Senate; and (3) The third and fourth alternate delegate shall be appointed by majority vote of the House of Representatives. (f) The delegates appointed pursuant to subsection (d) of this Code section shall elect from amongst the delegates a chairperson. Such delegate shall serve as chairperson for as long as such person is a delegate or until a new chairperson is elected at any time as provided for by this subsection. Such chairperson shall report to the General Assembly on all matters pertaining to the activities of the delegates and the Article V convention.

50-1-33. (a) At the time delegates and alternative delegates are appointed, the General Assembly shall adopt a joint resolution to provide instructions to the delegates and alternate delegates regarding the following:
(1) The rules of procedure; and (2) Any other matter relating to the Article V convention that the General Assembly considers necessary. (b) The General Assembly may amend the instructions at any time by joint resolution.

50-1-34. An alternate delegate shall act in the place of a delegate when a delegate is absent from the Article V convention or shall replace a delegate if a delegate vacates the office. An alternate delegate shall act in the place of or replace a delegate in such order of sequence:
(1) First alternate delegate; (2) Second alternate delegate; (3) Third alternate delegate; (4) Fourth alternate delegate; and (5) Fifth alternate delegate. At the time that an alternate delegate is needed to act in the place of or to replace a delegate, the alternate delegate in the order of sequence not already acting in the place of or replacing a delegate shall act in the place of the delegate.

50-1-35. The General Assembly, Senate, or House of Representatives, respectively, may recall any delegate or alternate delegate it has appointed and replace such delegate or alternate delegate with an individual appointed under this article at any time.

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50-1-36. Notwithstanding any other provision of law to the contrary, no delegate or alternate delegate to an Article V convention or to any process which seeks to propose amendments to the Constitution of the United States called for by the states under Article V of the Constitution of the United States shall be appointed unless such delegate or alternate delegate is appointed as provided for by this article and this article shall be the only means by which this state participates in an Article V convention or such process.

50-1-37. A vote cast by a delegate or an alternate delegate at an Article V convention that is outside of the scope of:
(1) The instructions established by a joint resolution adopted under Code Section 50-1-32; or (2) The limits placed by the General Assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention is void.

50-1-38. A delegate or alternate delegate who votes or attempts to vote outside of the scope of:
(1) The instructions established by a joint resolution adopted under Code Section 50-1-32; or (2) The limits placed by the General Assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention forfeits the delegate's appointment by virtue of that vote or attempt to vote.

50-1-39. The application of the General Assembly to call an Article V convention for proposing amendments to the Constitution of the United States ceases to be a continuing application and shall be treated as having no effect if all of the delegates and alternate delegates vote or attempt to vote outside of the scope of:
(1) The instructions established by a joint resolution adopted under Code Section 50-1-22; or (2) The limits placed by the General Assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention.

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50-1-40. (a) A delegate or alternate delegate who knowingly or intentionally votes or attempts to vote outside of the scope of:
(1) The instructions established by a joint resolution adopted under Code Section 50-1-32; or (2) The limits placed by the General Assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention shall be guilty of a misdemeanor and, upon conviction thereof, may be punished by imprisonment for not more than one year or a fine not to exceed $1,000.00, or both. (b) Venue of prosecutions under this Code section shall be in the county of the defendant's residence. (c) The Attorney General and the appropriate district attorney are authorized to prosecute violations of this Code section.

50-1-41. A delegate or alternate delegate shall be entitled to receive the same mileage and travel expenses paid to legislative members of interim study committees, but shall not be entitled to a salary or per diem for service as a delegate or alternate delegate. All funds necessary to pay expenses under this Code section shall be paid from funds appropriated to the General Assembly.

50-1-42. Each delegate and alternate delegate shall, after appointment and before the delegate or alternate delegate shall exercise any function as a delegate or alternate delegate, execute an oath in writing that the delegate or alternate delegate shall:
(1) Support the Constitution of the United States and the Constitution of Georgia; (2) Faithfully abide by and execute any instructions to delegates and alternate delegates adopted by the General Assembly and as may be amended by the General Assembly at any time; and (3) Otherwise faithfully discharge the duties of delegate or alternate delegate. The executed oath shall be filed with the Secretary of State. After the oath is filed with the Secretary of State, the Governor shall issue a commission to the delegate or alternate delegate.

50-1-43. (a) The Article V convention delegate advisory group is established. The advisory group shall consist of the Chief Justice of the Supreme Court of Georgia, the Chief Judge of the Court of Appeals of Georgia, and the chief judge of the Superior Court of Fulton County. The Chief Justice of the Supreme Court of Georgia shall be the chairperson of the advisory

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group. The advisory group shall meet upon the call of the chairperson. The advisory group shall establish policies and procedures that the advisory group determines necessary to carry out their duties under this Code section. (b) Upon the request of a delegate or alternate delegate, the advisory group shall advise the delegate or alternate delegate whether there is reason to believe that an action or an attempt to take an action by a delegate or alternate delegate would:
(1) Violate the instructions established by a joint resolution adopted under Code Section 50-1-32; or (2) Exceed the limits placed by the General Assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention. (c) The advisory group may render an advisory determination under this Code section in any summary manner considered appropriate by the advisory group. (d) The advisory group shall render an advisory determination under subsection (b) of this Code section within 24 hours after receiving a request for a determination. The advisory group shall transmit a copy of an advisory determination under this Code section in the most expeditious manner possible to the delegate or alternate delegate who requested the advisory determination. (e) If the advisory group renders an advisory determination under this Code section, the advisory group may also take an action permitted under subsection (f) of this Code section. (f)(1) On its own motion or upon request of the Speaker of the House of Representatives, President Pro Tempore of the Senate, or the Attorney General, the advisory group shall advise the Attorney General whether there is reason to believe that a vote or attempt to vote by a delegate or alternate delegate has:
(A) Violated the instructions established by a joint resolution adopted under Code Section 50-1-32; or (B) Exceeded the limits placed by the General Assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention. (2) The advisory group shall issue the advisory determination under this subsection by one of the following summary procedures: (A) Without notice or an evidentiary proceeding; or (B) After a hearing conducted by the advisory group. (3) The advisory group shall render an advisory determination under this subsection within 24 hours after receiving a request for an advisory determination. (4) The advisory group shall transmit a copy of an advisory determination under this subsection in the most expeditious manner possible to the Attorney General. (5) Immediately upon receipt of an advisory determination under this subsection that finds a vote or attempt to vote by a delegate or alternate delegate is a violation described

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in subparagraph (f)(1)(A) of this Code section or is in excess of the authority of the delegate or alternate delegate as described in subparagraph (f)(1)(B) of this Code section, the Attorney General shall inform the delegates, alternate delegates, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Article V convention that:
(A) The vote or attempt to vote did not comply with Georgia law, is void, and has no effect; and (B) The credentials of the delegate or alternate delegate who is the subject of the determination are revoked."

SECTION 2. This Act shall become effective on January 1, 2015.

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

Approved April 15, 2014.

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HEALTH INSURANCE ENACT GEORGIA HEALTH CARE FREEDOM ACT; ENACT CANCER TREATMENT FAIRNESS ACT.

No. 529 (House Bill No. 943).

AN ACT

To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to enact the "Georgia Health Care Freedom Act"; to provide a short title; to provide that neither the state nor any department, agency, bureau, authority, office, or other unit of the state nor any political subdivision of the state shall expend or use moneys, human resources, or assets of the State of Georgia to advocate or intended to influence the citizens of this state in support of the voluntary expansion by the state of eligibility for medical assistance in furtherance of the federal Patient Protection and Affordable Care Act; to provide for enforcement; to provide for applicability; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide that no department, agency, instrumentality, or political subdivision of this state shall establish any program; promulgate any rule, policy, guideline, or plan; or change any program, rule, policy, or guideline to implement, establish,

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create, administer, or otherwise operate an exchange, or apply for, accept, or expend federal moneys related to the creation, implementation, or operation of an exchange; to provide for an exception; to prohibit the state and its departments, agencies, bureaus, authorities, offices, or other units of the state and its political subdivisions from providing navigator programs; to provide for applicability; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require that a health benefit policy that provides coverage for intravenously administered or injected chemotherapy for the treatment of cancer shall provide coverage no less favorable for orally administered chemotherapy; to provide a short title; to provide for definitions; to prohibit certain actions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "Georgia Health Care Freedom Act."

SECTION 1-2. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding a new article to read as follows:

"ARTICLE 3

31-1-40. (a) Neither the state nor any department, agency, bureau, authority, office, or other unit of the state nor any political subdivision of the state shall expend or use moneys, human resources, or assets to advocate or intended to influence the citizens of this state in support of the voluntary expansion by the State of Georgia of eligibility for medical assistance in furtherance of the federal 'Patient Protection and Affordable Care Act,' Public Law 111-148, beyond the eligibility criteria in effect on the effective date of this Code section under the provisions of 42 U.S.C. Section 1396a(a)(10)(A)(i)(VIII) of the federal Social Security Act, as amended. (b) The Attorney General shall enforce the provisions of this Code section in accordance with Article V, Section III, Paragraph IV of the Constitution of the State of Georgia. (c) Nothing in this Code section shall be construed to prevent an officer or employee of the State of Georgia or of any department, agency, bureau, authority, office, unit, or political subdivision thereof from advocating or attempting to influence public policy:
(1) As part of such person's official duties; (2) When acting on personal time without using state resources; or

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(3) When providing bona fide educational instruction about the federal Patient Protection and Affordable Care Act of 2010 in institutions of higher learning or otherwise. (d) Nothing in this Code section shall be construed to preclude the state from participating in any MEDICAID program."

SECTION 1-3. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows:
"33-1-23. (a) As used in this Code section, the term 'exchange' shall have the same meaning provided for in paragraph (1) of Code Section 33-23-201. (b) No department, agency, instrumentality, or political subdivision of this state shall:
(1) Establish any program; promulgate any rule, policy, guideline, or plan; or change any program, rule, policy, or guideline to implement, establish, create, administer, or otherwise operate an exchange; or (2) Apply for, accept, or expend federal moneys related to the creation, implementation, or operation of an exchange. (c) Nothing in this Code section shall apply to the Commissioner of Insurance in the implementation or enforcement of the provisions of Article 3 of Chapter 23 of this title. (d) Neither the state nor any department, agency, bureau, authority, office, or other unit of the state, including the University System of Georgia and its member institutions, nor any political subdivision of the state shall establish, create, implement, or operate a navigator program or its equivalent as defined in Code Section 33-23-201; provided, however, that any grant regarding a navigator program in effect on the effective date of this Code section shall be permitted to continue for the term of such grant but shall then terminate upon the expiration of the term of such grant and shall not be renewed, notwithstanding any provision contained within such grant allowing for automatic renewal under certain circumstances. (e) Nothing in this Code section shall be construed to preclude the state from participating in any MEDICAID program."

PART II SECTION 2-1.

This Act shall be known and may be cited as the "Cancer Treatment Fairness Act."

SECTION 2-2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, is amended by adding a new Code section to read as follows:

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"33-24-56.5. (a) As used in this Code section, the term:
(1) 'Cost sharing requirements' includes co-payments, coinsurance, deductibles, and any other amounts paid by the covered person for a prescription dispensed by a licensed retail pharmacy. (2) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after January 1, 2015. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, Medicaid, medicare supplement, specified disease, vision, self-insured plans, and nonrenewable individual policies written for a period of less than six months. (3) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (b) A health benefit policy that provides coverage for intravenously administered or injected chemotherapy for the treatment of cancer shall provide coverage for orally administered chemotherapy for the treatment of cancer on a basis no less favorable than the intravenously administered or injected chemotherapy regardless of the formulation or benefit category determination by the insurer. (c) An insurer providing a health benefit policy and any participating entity through which the insurer offers health services shall not: (1) Vary the terms of any health benefit policy in effect on December 30, 2014, to avoid compliance with this Code section; (2) Provide any incentive, including, but not limited to, a monetary incentive, or impose treatment limitations to encourage a covered person to accept less than the minimum protections available under this Code section; (3) Penalize a health care practitioner or reduce or limit the compensation of a health care practitioner for recommending or providing services or care to a covered person as required under this Code section; (4) Provide any incentive, including, but not limited to, a monetary incentive, to induce a health care practitioner to provide care or services that do not comply with this Code section; or (5) Change the classification of any intravenously administered or injected chemotherapy treatment or increase the amount of cost sharing applicable to any intravenously administered or injected chemotherapy in effect on January 1, 2015, in order to achieve compliance with this Code section. (d) An insurer that limits the total amount paid by a covered person through all cost sharing requirements to no more than $200.00 per filled prescription for any orally administered chemotherapy shall be deemed to be in compliance with this Code section."

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PART III SECTION 3-1.

(a) Part I and Part III of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part II of this Act shall become effective on January 1, 2015.

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

Approved April 15, 2014.

__________

CONSERVATION AND NATURAL RESOURCES GEORGIA HAZARDOUS SITE REUSE AND REDEVELOPMENT ACT;
EXPAND LIMITATION OF LIABILITY TO CERTAIN PURCHASERS; TRANSFER OF LIMITATION OF LIABILITY.

No. 530 (House Bill No. 957).

AN ACT

To amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Reuse and Redevelopment Act," so as provide a new short title; to revise definitions; to expand the limitation of liability to certain purchasers; to provide for transfer of limitation of liability; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Reuse and Redevelopment Act," is amended by revising Code Section 12-8-200, relating to short title, as follows:
"12-8-200. This article shall be known and may be cited as the 'Georgia Brownfield Act.'"

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SECTION 2. Said article is further amended by revising Code Section 12-8-202, relating to definitions, as follows:
"12-8-202. (a) Unless otherwise provided in this article, the definition of all terms included in Code Sections 12-8-62 and 12-8-92 shall be applicable to this article. (b) As used in this article, the term:
(1) 'Corrective action plan' means the corrective action plan required by Code Section 12-8-207. (2) 'Ground water' means any subsurface water that is in a zone of saturation. (3) 'Petroleum' means petroleum, including crude oil or any fraction thereof (including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, kerosene, or jet turbine fuel), that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). (4) 'Preexisting release' means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchaser's application for a limitation of liability pursuant to this article. The term 'preexisting release' includes but is not limited to release of petroleum even if such release is from an underground storage tank system as defined in paragraph (18) of Code Section 12-13-3. (5) 'Property interest' means any interest in real property, without regard to whether such interest is exclusive or possessory. (6) 'Prospective purchaser' means a person who intends to acquire a property interest in 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 such property interest in a property where there is a preexisting release. (7) 'Qualifying property' means a property which meets the criteria of Code Section 12-8-205. (8) 'Risk reduction standards' means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter. (9) 'Soil' means any unconsolidated earth material, together with any unconsolidated plant or animal matter or foreign material that has been incorporated into it, that either consists of or remains within, or comes to be deposited on, native soil or regolith. (10) 'Source material' means any preexisting release that acts or may likely act as a reservoir for continued releases to ground water, soil, surface water, or air or act as a source for direct exposure."

SECTION 3. Said article is further amended by revising Code Section 12-8-205, relating to criteria used to determine whether a property qualifies for a limitation of liability, as follows:

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"12-8-205. In order to be considered a qualifying property for a limitation of liability as provided in Code Section 12-8-207, a property shall meet the following criteria:
(1) The property shall have a preexisting release; (2) Any lien filed under subsection (e) of Code Section 12-8-96 or subsection (b) of Code Section 12-13-12 against the property shall be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or 12-13-6, and satisfactory provision shall have been made as determined by the director for the repayment to the division of any funds expended by the division from the federal Leaking Underground Storage Tank Trust Fund; (3) The property shall not:
(A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of such act; or (C) Be a hazardous waste facility, as defined in Code Section 12-8-62, that is currently subject to a permit for the treatment, storage, or disposal of hazardous waste issued pursuant to Code Section 12-8-66; and (4) The property shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter."

SECTION 4. Said article is further amended in Code Section 12-8-207, relating to limitation of liability for prospective purchasers, by revising subsection (a) as follows:
"(a)(1) Upon the director's approval of the prospective purchaser corrective action plan or concurrence with the certification of compliance described in this Code section, whichever first occurs, a prospective purchaser shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from the preexisting release, nor shall the prospective purchaser be required to certify compliance with risk reduction standards for ground water, perform corrective action, or otherwise be liable for any preexisting releases to ground water associated with the qualifying property. (2) The limitation of liability provided under this Code section shall also benefit a qualifying purchaser who applies for a limitation of liability within 30 days following acquisition of title or any other new property interest in the qualifying property and subsequently receives the director's approval of a prospective purchaser corrective action plan or concurrence with a certification of compliance described in this Code section."

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SECTION 5. Said article is further amended in Code Section 12-8-208, relating to exceptions to the limitation of liability, by revising subsections (a) and (c) as follows:
"(a) The limitation of liability provided by subsection (a) of Code Section 12-8-207 shall be contingent upon the prospective purchaser's good faith implementation of the corrective action plan as approved by the director as well as the certification of compliance with the risk reduction standards and corrective action requirements. Such limitation of liability shall not be applicable during any time the director's approval of the corrective action plan has been suspended or revoked."
"(c)(1) The limitation of liability provided by this article shall survive any subsequent change in the nature of a prospective purchaser's interest in the qualifying property and 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 and to any person acquiring any other property interest in the property for which the limitation of liability was 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. (2) Any voluntary transfer of the title to a property or any portion thereof for which a limitation of liability has been granted to any party that would be disqualified from obtaining a limitation of liability for such property under Code Section 12-8-206 shall terminate any limitation of liability applicable to the transferor under this article."

SECTION 6. Said article is further amended by adding a new Code section to read as follows:
"12-8-211. The limitation of liability provided under this article shall also apply to any qualifying prospective purchaser who, after May 1, 2012, has applied for a limitation of liability for a qualifying property and who subsequently obtains the director's approval of a prospective purchaser corrective action plan or concurrence with a certification of compliance for the qualifying property."

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

Approved April 15, 2014.

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BANKING AND FINANCE SALE AND CASHING OF CHECKS, DRAFTS, AND MONEY ORDERS; COMPREHENSIVE REVISION.

No. 532 (House Bill No. 982).

AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to repeal Article 4, relating to the sale of checks or money orders, and Article 4A, relating to the cashing of checks, drafts, or money orders for consideration, and to enact new Articles 4 and 4A; to provide for definitions; to provide for authorized activities; to provide for the transaction of business without a license; to provide for exemptions from licensure requirements; to provide for application for license for the sale of payment instruments or the transmission of money; to provide for application for license for cashing payment instruments; to provide for the treatment of mobile payment instrument cashing facilities; to provide for authorized agents to act on behalf of licensees; to provide for bond requirements; to provide for participation in a uniform multistate automated licensing system by the Department of Banking and Finance to facilitate oversight and issuance of licences; to provide for investigation of license applicants by the department; to provide for reporting requirements; to provide for the requirement of a unique identifier; to provide for renewal of licenses; to provide for the transferring of licenses; to provide for notice to the department by licensees in certain instances; to provide for maintenance of books and records by a licensee; to provide for exemptions from civil liability; to provide for authority to enact rules and regulations; to prohibit certain acts; to provide for the power to suspend and revoke licenses; to provide for judicial review; to provide for enforcement procedures; to provide for cease and desist orders; to provide for civil penalties; to provide for criminal penalties; to provide for construction of the article; to provide for a transition period; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by repealing Article 4, relating to the sale of checks or money orders, and enacting a new Article 4 to read as follows:

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"ARTICLE 4

7-1-680. As used in this article, the term:
(1) 'Authorized agent' means a person designated by a licensee pursuant to Code Section 7-1-683.1 to engage in money transmission, the sale of payment instruments, or the issuance of payment instruments. (2) 'Check' means any check, money order, draft, or negotiable demand instrument. (3) 'Closed-loop transaction' means a transaction where the value or credit is primarily intended to be redeemed for a limited universe of goods, intangibles, services, or other items provided by the issuer of the payment instrument, its affiliates or agents, or others involved in the transaction functionally related to the issuer or its affiliates or agents. (4) 'Commissioner' means the commissioner of banking and finance. (5) 'Control,' 'controlling,' 'controlled by,' or 'under common control with' means the direct or indirect possession of power to direct or cause the direction of the management and policies of a person. (6) 'Covered employee' means any employee of a licensee or an authorized agent engaged in any function related to the selling of payment instruments or money transmission. (7) 'Department' means the Department of Banking and Finance. (8) 'Executive officer' means the chief executive officer, president, chief financial officer, chief operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, secretary, treasurer, or any other person performing similar managerial or supervisory functions with respect to any organization, whether incorporated or unincorporated. (9) 'Individual' means a natural person. (10) 'Licensee' means a person, including, but not limited to, a money transmitter and a payment instrument seller, duly licensed by the department pursuant to this article. (11) 'Misrepresent' means to make a false statement of a substantive fact. The term may also mean to engage in any conduct which leads to a false belief which is material to the transaction. (12) 'Monetary value' means a medium of exchange, whether or not redeemable in money. (13) 'Money transmission,' 'transmit money,' or 'transmission of money' means engaging in the business of receiving money or monetary value for transmission or transmitting money or monetary value within the United States or to locations abroad by any and all means, including, but not limited to, an order, wire, facsimile, or electronic transfer. The term does not include closed-loop transactions. (14) 'Money transmitter' means a person licensed under this article to transmit money. (15) 'Nation-wide Multistate Licensing System and Registry' means a licensing system developed and maintained by the Conference of State Bank Supervisors and the

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American Association of Residential Mortgage Regulators for the licensing and registration of certain persons engaged in nondepository activities. (16) 'Open-loop transaction' means a transaction using a payment instrument with stored value to redeem for goods or services at any location that accepts such payment instrument. (17) 'Payment instrument' means any instrument, order, or device for the payment or transmission of money or monetary value, whether or not it is a negotiable instrument under the terms of Article 3 of Title 11, relating to negotiable instruments. The term includes, but is not limited to, checks, money orders, drafts, stored value cards, and open-loop transactions. The term does not include closed-loop transactions, credit card vouchers, letters of credit, or any instrument that is redeemable by the issuer only in specific goods or services of the issuer. (18) 'Payment instrument holder' means a person that has purchased a payment instrument from a payment instrument seller or who has had monetary value transmitted by a money transmitter. (19) 'Payment instrument issuer' or 'payment instrument seller' means a person licensed under this article to engage in the issuance or sales of payment instruments. (20) 'Person' means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized. (21) 'Sale' and 'selling' mean the passing of title from the payment instrument seller or the payment instrument seller's agent to a payment instrument holder or remitter or an agreement to transfer money or monetary value. (22) 'Sale of payment instruments,' 'selling of payment instruments,' or 'issuance of payment instruments' means the creation, issuance, or sale of a payment instrument that is redeemable in cash or monetary value. (23) 'Signed' shall have the same meaning as provided in paragraph (39) of Code Section 11-1-201. (24) 'Ultimate equitable owner' means a person that:
(A) Owns, directly or indirectly, a 10 percent or more interest in a corporation or any other form of business organization; (B) Owns, directly or indirectly, 10 percent or more of the voting shares of any corporation or any other form of business organization; or (C) Exerts control, directly or indirectly, over a corporation or any other form of business organization, regardless of whether such person owns or controls such interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint stock companies, other entities or devices, or any combination thereof. (25) 'Unique identifier' means a number or other identifier assigned by protocols established by the Nation-wide Multistate Licensing System and Registry.

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7-1-681. (a) Pursuant to this article, the department may license a person to engage in the sale of payment instruments or the transmission of money. (b) A license for the sale of payment instruments authorizes the licensee to sell payment instruments and to transmit money. (c) A license for the transmission of money authorizes the licensee to transmit money. (d) No person, regardless of the location of such person, its facilities, or its agents, shall engage in the sale of payment instruments or money transmission without having first obtained a license authorizing such activity under this article. This prohibition applies whether or not a person utilizes a branch, subsidiary, affiliate, or agent in this state. A person is deemed to be engaged in the sale of payment instruments or money transmission if the person advertises any of those services, provides any of those services with or without compensation, solicits to provide any of those services, or holds itself out as providing any of those services to or from this state, even if the person has no physical presence in this state. (e) Every person that directly or indirectly controls another that violates subsection (d) of this Code section, including but not limited to each general partner, executive officer, joint venture, ultimate equitable owner, or director of such person, and every person occupying a similar status or performing similar functions as such person violates with and to the same extent as such person. Any person that directly or indirectly controls a person that violates subsection (d) of this Code section may avoid liability if such person sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the original violation is alleged to exist.

7-1-682. The requirement for licensure set forth in this article shall not apply to:
(1) Any state or federally chartered bank, trust company, credit union, savings and loan association, or savings bank with deposits that are federally insured; (2) Any authorized agent of a licensee; (3) The United States Postal Service; (4) A state or federal governmental department, agency, authority, or instrumentality and its authorized agents; (5) Any foreign bank that establishes a federal branch pursuant to the International Bank Act, 12 U.S.C. Section 3102; or (6) An individual employed by a licensee or any person exempted from the licensing requirements of this article when acting within the scope of employment and under the supervision of the licensee or exempted person as an employee and not as an independent contractor.

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7-1-683. (a) Each applicant for a license under this article shall:
(1) Submit an application in writing, which is made under oath and in such form as the department may prescribe; (2) Furnish to the Nation-wide Multistate Licensing System and Registry the following information:
(A) The legal name and principal office address of the person applying for the license; (B) The name, residence, and business address of each director, ultimate equitable owner, and executive officer; (C) If the applicant has one or more branches or other locations, including but not limited to locations operated by an authorized agent, at or through which the applicant proposes to engage in the sale of payment instruments or money transmission within this state, the complete address of each such location; and (D) The location where its initial registered office will be located in this state, if any; and (3) Submit such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, ultimate equitable owners, subsidiaries, affiliates, or agents. (b) The application for license shall be filed together with: (1) An investigation and supervision fee established by the department through rule or regulation which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first licensed year or the remaining part thereof; (2) Items required by other provisions of this article, including but not limited to Code Sections 7-1-683.2 and 7-1-684; and (3) Other information as may be required by the department. (c) Where a person engages only in the sale of payment instruments issued by another person which is primarily obligated for payment of the payment instrument and the seller is a wholly owned subsidiary of or is wholly owned by the sole shareholder of the issuer, the department may grant a single license naming both the seller and issuer as joint licensees. In such cases, only a single license fee shall be collected and only one corporate surety bond, pursuant to Code Section 7-1-683.2, shall be required where such bond names both the seller and issuer. (d) The department shall pay all fees received from licensees and applicants related to applications, licenses, and renewals to the Office of the State Treasurer; provided, however, that the department may net such fees to recover the cost of participation in the Nation-wide Multistate Licensing System and Registry. (e) The department shall enact rules and regulations regarding the time frame by which all persons must submit an original or renewal application for licensure through the Nation-wide Multistate Licensing System and Registry.

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7-1-683.1. (a) As authorized by this Code section, a licensee may conduct its business through designated authorized agents at one or more locations in this state, so long as such locations have been included in the licensee's application and reports as required by Code Section 7-1-683 and subsection (d) of Code Section 7-1-686. The department may refuse within 30 days after application, for cause, to approve a licensee's designation of an authorized agent. In such cases the authorized agent shall have the same procedural rights as are provided in this article for the denial of an application for a license. No additional license other than that obtained by the licensee shall be required of any authorized agent of a licensee. An authorized agent of a licensee shall sell payment instruments or transmit money only at the location designated in the written notice provided to the department. (b) Licensees desiring to conduct licensed activities through authorized agents shall enter into a written contract with the authorized agent. The contract shall authorize the agent to operate only pursuant to the terms of the contract and shall specifically designate the authorized activities that the agent may engage in on behalf of the licensee. Upon request of the department, a licensee shall provide the department with a copy of the executed written contract between the licensee and its authorized agent. (c) Upon the department receiving written notice from the licensee designating an authorized agent, the authorized agent shall be:
(1) Required to operate in full compliance with this article, the rules and regulations promulgated under this article, and any applicable order issued by the commissioner; (2) Required to timely remit all money legally due to the licensee in accordance with the terms of the written contract between the licensee and the authorized agent; (3) Prohibited from utilizing subagents to carry out its responsibilities; (4) Subject to examination and investigation by the department as set forth in this article, including, but not limited to, the requirements of Code Section 7-1-689; (5) Subject to administrative actions, including, but not limited, the revocation or suspension of its authorization to act as an authorized agent, a cease and desist order, and the imposition of fines; and (6) Required to comply with applicable state and federal law.

7-1-683.2. (a) An applicant shall provide with its application a corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department. The bond for payment instrument sellers shall be in the principal sum of $250,000.00. The bond for money transmitters shall be in the principal sum of $100,000.00. (b) Notwithstanding subsection (a) of this Code section, the department may require an applicant or a licensee to provide additional coverage for the adequate protection of payment instrument holders if the average daily outstanding balances for payment instrument sellers exceed the current bond amount, the average daily outstanding orders to

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transmit not yet paid for money transmitters exceed the current bond amount, or the department determines that additional coverage is necessary in order to satisfy the department that the provisions of subsection (a) of Code Section 7-1-684 are fulfilled. A licensee's level of outstandings shall be determined by the portion of the licensee's financial reports dealing with transactions originating in Georgia which shall be submitted to the department as set forth in its rules and regulations. However, under no circumstances shall the additional bond coverage required by the department exceed $2,000,000.00. (c) The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of the department or any payment instrument holders against the licensee or its agents. The condition of the bond shall require the licensee to pay any and all moneys for the benefit of any person damaged by noncompliance of a licensee or its agent with this article, with the rules and regulations enacted pursuant to this article, or with any condition of the bond or to pay any and all moneys that may become due and owing any creditor of or claimant against the licensee arising out of the licensee's sale of payment instruments or money transmission in this state, whether through its own acts or the acts of an agent. Damage payments due under the bond include moneys owed to the department for fees, fines, or penalties. In no event shall the aggregate liability of the surety exceed the principal sum of the face amount of the bond. Claimants against the licensee may bring an action directly on the surety bond.

7-1-683.3. (a) The department is authorized to:
(1) Participate in the Nation-wide Multistate Licensing System and Registry in order to facilitate the sharing of information and standardization of the licensing and application processes for persons subject to this article; (2) Enter into operating agreements, information sharing agreements, interstate cooperative agreements, and other contracts necessary for the department's participation in the Nation-wide Multistate Licensing System and Registry; (3) Disclose or cause to be disclosed without liability, via the Nation-wide Multistate Licensing System and Registry, applicant and licensee information, including, but not limited to, violations of this article and enforcement actions, to facilitate regulatory oversight across state jurisdictional lines; (4) Request that the Nation-wide Multistate Licensing System and Registry adopt an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law; and (5) Establish and adopt, by rule or regulation, requirements for participation by applicants and licensees in the Nation-wide Multistate Licensing System and Registry upon the department's determination that each requirement is consistent with both the public interest and the purposes of this article.

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(b) The department shall enact rules and regulations establishing a process whereby licensees may challenge information entered by the department on the Nation-wide Multistate Licensing System and Registry. (c) Irrespective of its participation in the Nation-wide Multistate Licensing System and Registry, the department shall retain full and exclusive authority over determinations of whether to grant, renew, suspend, or revoke licenses issued under this article. Nothing in this Code section shall be construed to reduce or otherwise limit such authority. (d) Information disclosed through the Nation-wide Multistate Licensing System and Registry is deemed to be disclosed directly to the department and subject to Code Section 7-1-70. Such information shall not be disclosed to the public and shall remain privileged and confidential pursuant to Code Section 7-1-70.

7-1-684. (a) The department shall conduct an investigation of every applicant for licensure to determine the financial responsibility, experience, character, and general fitness of such applicant. The department may issue the applicant a license to transmit money or sell payment instruments if the department determines to its general satisfaction that:
(1) The applicant is financially sound and responsible and able to transmit money or sell payment instruments in an honest, fair, and efficient manner and with the confidence and trust of the community; and (2) All conditions for licensure set forth in this article or the rules and regulations of the department have been satisfied. (b) The department shall not issue a license or may revoke a license if it finds that the applicant, licensee, or authorized agent; any person who is a director, officer, partner, covered employee, or ultimate equitable owner of the applicant, licensee, or authorized agent; or any individual who directs the affairs of or controls or establishes policy for the applicant, licensee, or authorized agent has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered or an adjudication or sentence was otherwise withheld or not entered on that charge, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred or shall have received an official

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certification of pardon granted by the state's pardoning body where the conviction occurred which removes the legal disabilities resulting from such conviction and restores civil and political rights. (c) The department shall be authorized to obtain conviction data with respect to any applicant, licensee, or authorized agent, any person who is a director, officer, partner, covered employee, or ultimate equitable owner of the applicant, licensee, or authorized agent, or any individual who directs the affairs of or controls or establishes policy for the applicant, licensee, or authorized agent. The department may submit directly to the Georgia Crime Information Center two complete sets of fingerprints of such person, together with the required records search fees and such other information as may be required. Fees for background checks that the department administers shall be sent to the department by applicants, licensees, and authorized agents together with the fingerprints. (d) Upon request by the department, each applicant, licensee, or authorized agent, any person who is a director, officer, partner, covered employee, or ultimate equitable owner of the applicant, licensee, or authorized agent, or any individual who directs the affairs of or controls or establishes policy for the applicant, licensee, or authorized agent shall submit to the department two complete sets of fingerprints, the required records search fees, and such other information as may be required. Fees for background checks that the department administers shall be submitted to the department by applicants, licensees, and authorized agents together with two complete sets of fingerprints, and the department is authorized to net such fees to recover any costs incurred by the department related to running the background checks. Upon receipt of fingerprints, fees, and other required information, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department or by the applicant, licensee, or authorized agent shall be used by the party requesting such data for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be confidential, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect such data. All such records shall be maintained by the department and the applicant, licensee, or authorized agent pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this Code section, 'conviction data' means a record of a finding, verdict, or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (e) Every applicant and licensee shall be authorized and required to obtain and maintain the results of background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and

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the rules and regulations of the Georgia Crime Information Center. Applicants and licensees shall be responsible for any applicable fees charged by the Georgia Crime Information Center. An applicant or licensee may only employ a person whose background data has been checked and has been found to be in compliance with all lawful requirements prior to the initial date of hire. This provision does not apply to directors, officers, partners, or ultimate equitable owners of applicants or licensees or to persons who direct the affairs of or control or establish policy for applicants or licensees, whose background shall have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates a covered employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprint cards for such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (d) of this Code section. (f) Upon request by the department, an applicant, licensee, or authorized agent shall take all steps necessary to have an international criminal history background check performed on any directors, officers, partners, covered employees, or ultimate equitable owners of applicants, licensees, or authorized agents or persons who direct the affairs of or control or establish policy for applicants, licensees, or authorized agents. The results of such international criminal history background check shall be provided to the department. (g) Applicants and licensees shall have the primary responsibility for obtaining background checks on covered employees. The department shall be entitled to review the files of any applicant or licensee to determine whether the required background checks have been run and whether all covered employees are qualified. The department shall be authorized to discuss the status of employee background checks with applicants, licensees, and authorized agents. Notwithstanding any other provisions in this article, the department shall retain the right to obtain conviction data on covered employees of applicants, licensees, and authorized agents. (h) The department may use the Nation-wide Multistate Licensing System and Registry as a channeling agent for requesting information from and distributing information to the United States Department of Justice, any governmental agency, or any source so directed by the department.

7-1-684.1. Each licensee shall submit to the Nation-wide Multistate Licensing System and Registry timely reports of condition, which shall be in such form and contain such information as the department and the Nation-wide Multistate Licensing System and Registry may require.

7-1-684.2. The unique identifier of any licensee shall be clearly labeled on all advertisements and any other documents required by rule or regulation of the department.

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7-1-685. Except as otherwise specifically provided in this article, all licenses issued pursuant to this article shall expire on December 31 of each year, and each application for renewal shall be made annually on or before December 1 of each year. A license may be renewed by the filing of an application substantially conforming to the requirements of Code Section 7-1-683 as specifically modified in the department's rules and regulation. No investigation fee shall be payable in connection with such renewal application. However, an annual license fee established by rule or regulation of the department to defray the cost of supervision shall be paid with each renewal application and shall not be refunded or prorated.

7-1-686. (a) A license issued pursuant to this article shall be kept conspicuously posted in the place of business of the licensee. If the licensee has no physical location in this state, then a copy of such license and the licensee's unique identifier shall be clearly posted and accessible through whichever medium the licensee engages in the sale of payment instruments or money transmission in this state. (b) Such license shall not be transferable or assignable. (c) No licensee shall engage in the sale of payment instruments or money transmissions under any name or names other than those authorized by the department in writing. (d) A licensee shall give written notice to the department of its intent to operate any new or additional locations, including, but not limited to, locations operated by an authorized agent, not reported in either its original or renewal application. The required notice shall be provided to the department no later than 30 days after the licensee or authorized agent engages in the sale of payment instruments or money transmission at any new or additional locations.

7-1-687. (a) A licensee shall give written notice to the department by registered or certified mail of any action which may be brought against it by any creditor or claimant where such action relates to the activities authorized under this article or involves a claim against the bond filed with the department under Code Section 7-1-683.2. The notice shall provide details sufficient to identify the action and shall be sent within 30 days after the commencement of any such action. The licensee shall also give notice to the department by registered or certified mail within 30 days of the entry of any judgment which may be entered against the licensee. (b) The corporate surety shall, within ten days after it pays any claim to any creditor or claimant, give notice to the department by registered or certified mail of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or

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aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-683.2 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. (c) A bond filed with the department for the purpose of compliance with Code Section 7-1-683.2 shall not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail or statutory overnight delivery, return receipt requested, and such cancellation shall be effective no sooner than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. (d) A licensee shall give written notice to the department by registered or certified mail within ten days of the following:
(1) Any knowledge or discovery of an act prohibited by Code Section 7-1-684 or 7-1-691 or subsection (a) of Code Section 7-1-692; (2) The discharge of any employee for actual or suspected misrepresentations, dishonest acts, or fraudulent acts; (3) Any knowledge or discovery of the discharge of a covered employee or an authorized agent for actual or suspected misrepresentations, dishonest acts, or fraudulent acts; (4) Any knowledge or discovery of an administrative, civil, or criminal action initiated by any government entity against the licensee or an authorized agent, any director, officer, partner, or ultimate equitable owner of the licensee or authorized agent, or any individual who directs the affairs of or controls or establishes policy for the licensee or authorized agent; or (5) The filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. Sections 101 through 110, for bankruptcy reorganization or the filing of a petition by or against the licensee for receivership or the making of a general assignment for the benefit of its creditors.

7-1-688. (a) Except as provided in this Code section, no person shall become an ultimate equitable owner of any licensee through acquisition or other change in control or become an executive officer of a licensee unless the person has first received written approval for such acquisition, change in control, or designation as an executive officer from the department. In order to obtain such approval, such person shall:
(1) File an application with the department in such form as the department may prescribe from time to time; (2) Provide such other information as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and executive officers, if a corporation, and its members, if applicable, and of any proposed new directors, executive officers, members, or ultimate equitable owners of the licensee; and (3) Pay such application fee as the department may prescribe.

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(b) The department may prescribe additional requirements for approval of such acquisition, change in control, or designation as an executive officer through rules and regulations. (c) If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial.

7-1-689. (a) Each licensee shall make, keep, and use in its business such books, accounts, and records as the department may require to enforce the provisions of this article and the rules and regulations promulgated under it. Each licensee shall preserve such books, accounts, and records for five years or such greater period of time as prescribed in the department's rules and regulations. (b) Records required to be made, kept, and preserved pursuant to subsection (a) of this Code section may be maintained in a photographic, electronic, or other similar form. (c) Records required to be made, kept, and preserved pursuant to subsection (a) of this Code section may be maintained at a location outside of this state so long as such records are produced to the commissioner at the department's main office within ten days of the date of a written request by the department to the licensee. (d) The department shall investigate and examine the affairs, business, premises, and records of any licensee or authorized agent pertaining to the sale of payment instruments or money transmission. The department may conduct such investigations or examinations at least once every 24 months. The department may accept examination reports performed and produced by other state or federal agencies in satisfaction of this requirement unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (e) Notwithstanding subsection (d) of this Code section, the department may alter the frequency or scope of investigations or examinations through rules or regulations prescribed by the department. In addition, if the department determines that based on the records submitted to the department and past history of operations of the licensee in the state such investigations or examinations are unnecessary, then the department may waive such investigations and examinations. (f) In addition to any other authority set forth under this article, the department shall be authorized to conduct investigations and examinations of applicants, licensees, and authorized agents as follows:
(1) The department shall have the authority to access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to:
(A) Criminal, civil, and administrative history information, including nonconviction data;

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(B) Personal history and experience information, including, but not limited to, independent credit reports obtained from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681a; and (C) Any other documents, information, or evidence the department deems relevant to the inquiry, examination, or investigation regardless of the location, possession, control, or custody of such documents, information, or evidence; (2) The department may review, investigate, or examine any licensee or person subject to this article as often as necessary in order to carry out the purposes of this article; (3) Each licensee or person subject to this article shall make available to the department, upon request, any books and records relating to the activities of selling payment instruments or the transmission of money; (4) No licensee or person subject to investigation or examination under this article shall knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, documents, files, computer records, evidence or other information; and (5) In order to carry out the purposes of this Code section, the department may: (A) Enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources, documents, records, information, or evidence or by utilizing standardized or uniform methods or procedures; (B) Accept and rely on examination or investigation reports made by other government officials within or outside this state; and (C) Accept audit reports or portions of audit reports made by an independent certified public accountant on behalf of the licensee or person subject to this article covering the same general subject matter as the audit and may incorporate the audit report in the report of examination, report of investigation, or other writing of the department. (g) Each licensee shall pay an examination fee as established by the rules and regulations of the department to cover the cost of an examination or investigation. (h) The department, in its discretion, may: (1) Make such public or private examination or investigation within or outside of this state as it deems necessary to determine whether any person has violated this article, any rule or regulation, or order issued under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise, as to all the facts and circumstances concerning the matter to be investigated; (3) Request any financial data from an applicant or licensee; and (4) Conduct an on-site examination of a licensee or authorized agent at any location of the licensee or authorized agent without prior notice to the licensee or authorized agent. The licensee shall pay all reasonably incurred costs of the examination when the department examines the operations of its authorized agent. The department is authorized to net its out-of-state travel expenses incurred as a result of an examination or investigation of a licensee or authorized agent against the payment from the licensee.

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(i) For the purpose of conducting any examination or investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such examinations or investigations, to require the attendance of witnesses, to require the production of books, accounts, records, documents, and papers, and to take the depositions of witnesses; and for such purposes the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or by examiners appointed by the department or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, accounts, records, documents, or papers resides or is found. (j) The department may issue and apply to enforce subpoenas in this state at the request of any government agency, department, organization, or entity regulating the sale of payment instruments or money transmission in another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the alleged activities had occurred in this state. (k) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (l) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such information as is necessary to conduct a civil or administrative investigation or proceeding. Information contained in the records of the department that is not confidential and may be made available to the public either on the department's website or upon receipt by the department of a written request shall include:
(1) The name, business address, and telephone, fax, and license numbers of a licensee; (2) The names and titles of the principal officers; (3) The name of the owner or owners thereof; (4) The business address of a licensee's registered agent for service; (5) The name, business address, telephone number, and fax number of all locations of a licensee; (6) The name, business address, telephone number, and fax number of all authorized agents;

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(7) The terms of or a copy of any bond filed by a licensee; (8) Information concerning any violation of this article, any rule or regulation, or order issued under this article, provided that the information is derived from a final order of the department; and (9) Imposition of an administrative fine or penalty under this article. (m) The authority to conduct an examination or investigation as provided for in this Code section shall remain in effect whether such licensee or person acts or claims to act under any licensing or registration law of this state or claims to act without such authority. (n) In the absence of malice, fraud, or bad faith, a person is not subject to civil liability arising out of furnishing the department with information required by this article or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person: (1) For any information relating to suspected prohibited conduct furnished to or received from law enforcement officials, their agents, or employees or to or from other regulatory or licensing authorities; (2) For any such information furnished to or received from other persons subject to the provisions of this article; or (3) For any information furnished in complaints filed with the department. (o) The commissioner or any employee or agent of the department shall not be subject to civil liability, and no civil cause of action of any nature shall exist against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section.

7-1-690. Without limiting the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the interpretation and enforcement of this article.

7-1-691. It shall be prohibited for any person engaged in the sale of checks or money transmission in this state, including any person required to be licensed under this article, to:
(1) Sell payment instruments as an agent of a principal seller who is not exempt from the licensure requirements under Code Section 7-1-682 and has not obtained a license hereunder, and any person who does so shall be deemed to be the principal seller thereof and not merely an agent and shall be liable to the payment instrument holder or remitter as the principal seller; (2) Receive, transmit, or handle monetary value on behalf of another or issue a payment instrument and not be exempt from licensure under Code Section 7-1-682, and any person who does so shall be liable to the payment instrument holder for the payment thereof to the same extent as a drawer of a negotiable instrument, whether or not the payment instrument is a negotiable instrument under Article 3 of Title 11;

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(3) Fail to transmit moneys received within five business days of receiving such moneys; or (4) Engage in any activity that would subject a licensee to suspension or revocation of its license under this article or any activity that the department may prohibit pursuant to rule or regulation, whether or not the person has a license.

7-1-692. (a) The department may suspend or revoke an original or renewal license issued pursuant to this article or rescind the authorization to act as an authorized agent of a licensee if it finds that any ground or grounds exist which would require or warrant the refusal of an application for the issuance or renewal of a license or the authorization to act as an authorized agent of a licensee if such an application or notification were then before it. The department may also deny an application, suspend or revoke an original or renewal license issued pursuant to this article, or rescind the authorization to act as an authorized agent of a licensee if it finds that the licensee or the authorized agent has:
(1) Committed any fraud, engaged in any dishonest activities, or made any misrepresentation; (2) Violated any provisions of this article, any rule or regulation issued pursuant thereto, any order issued by the department, or any other law in the course of its dealings as a licensee or authorized agent; (3) Made a false statement in an original or renewal application for licensure or failed to give a true reply to a question in an original or renewal application; (4) Demonstrated incompetency or untrustworthiness to act as a licensee or authorized agent; (5) Failed to pay, within 30 days after it becomes final, a judgment recovered in any court by a claimant or creditor in an action arising out of the licensee's business in this state of engaging in the sale of payment instruments or money transmission; (6) Purposely withheld, deleted, destroyed, or altered information requested by an examiner of the department or made false statements or misrepresentations to the department; or (7) Operated in an unsafe or unsound manner. (b) The department shall not issue a license to an applicant, may rescind the authorization to act as an authorized agent of a licensee, and may revoke a license if such applicant, licensee, or authorized agent is subject to or employs any person subject to a final cease and desist order that has been issued within the preceding five years if such order was based on a violation of this article. Each applicant or licensee shall, before hiring a covered employee, examine the department's public records to determine that such covered employee is not subject to a cease and desist order. (c) The department shall not issue a license to an applicant, may rescind the authorization to act as an authorized agent of a licensee, and may revoke a license if such applicant, licensee, or authorized agent is subject to or employs any person whose license issued

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pursuant to this article was revoked within the preceding five years. Each applicant or licensee shall, before hiring a covered employee, examine the department's public records to determine that such covered employee's license was not revoked. (d) The department shall not issue a license to an applicant, may rescind the authorization to act as an authorized agent of a licensee, and may revoke a license if it finds that any person who is a director, officer, partner, ultimate equitable owner of the applicant, licensee, or authorized agent or any individual who directs the affairs of or controls or establishes policy for the applicant, licensee, or authorized agent has been in one or more of those roles as a licensee whose application has been denied or license revoked or suspended within five years of the date of the application. (e) Notice of the department's intention to enter an order denying an application for a license, rescinding the authorization to act as an authorized agent of a licensee, or suspending or revoking a license shall be given to the applicant, authorized agent, or licensee in writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, authorized agent, or licensee. If a person refuses to accept service of the notice by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service, and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. This liability shall be paid upon notice and demand by the commissioner or the commissioner's representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, revocation, or rescission under this article, the applicant, authorized agent, or licensee may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying an application, suspending or revoking a license, or rescinding authorization to act as an authorized agent shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by mail addressed to the principal place of business of such applicant, authorized agent, or licensee. (f) A decision by the department denying an application for license or of an order suspending or revoking a license shall be subject to review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) Whenever the department initiates an administrative action against a current licensee or an applicant, the department may pursue such action to its conclusion despite the fact that a licensee may withdraw or fail to renew its license or an applicant may withdraw its application. (h) The suspension or revocation of a license under this Code section does not alter, ameliorate, or void a licensee's duties or liabilities under any existing contract entered into by the licensee prior to such suspension or revocation.

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(i) The provisions of this Code section shall not apply when an application for a license is denied or a license is suspended as provided in Code Section 7-1-693.

7-1-693. (a) Where an applicant or licensee has been found to be a borrower in default, as defined in Code Section 20-3-295, 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 said Code section shall be the only procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in collecting outstanding student loan debt. (b) 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 Code Section 19-6-28.1 or 19-11-9.3 shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support when required by law.

7-1-694. (a) The department may issue an order requiring a person to cease and desist immediately from unauthorized activities whenever it shall appear to the department that:
(1) Except as provided in paragraphs (2) and (3) of this subsection, a person has violated any law of this state or any order or regulation of the department, and such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing; (2) A person not licensed under this article is engaging in or has engaged in activities requiring licensure under this article, which such cease and desist order shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption is obtained within the 30 day period, the order shall be rescinded by the department; or (3) A person licensed under this article has received a notice of bond cancellation under Code Section 7-1-687, which such cease and desist order shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. In the event the cease and desist order becomes final, the license shall expire, and if a new license is desired, the licensee shall be required to make a new application for a license and pay all applicable fees as if it had never been licensed. If the required surety bond is reinstated or replaced and such documentation is delivered to the department within the 30 day period following the date of issuance of the order, the order shall be rescinded. (b) The cease and desist order shall be in writing, sent by registered or certified mail or statutory overnight delivery, and addressed to the person's business address and, if the

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person is an individual, to the individual's personal address. Any cease and desist order sent to a person at its business address and, if an individual, his or her personal address that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and lawfully served. (c) Any hearing authorized under paragraph (1) of subsection (a) of this Code section shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) Whenever a person shall fail to comply with the terms of a final order or decision of the department issued pursuant to this article, the department may, through the Attorney General and upon notice of three days to such person, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. After a hearing upon the merits or after failure of such person to appear when ordered, the court shall grant the petition of the department upon a finding that the order of the department was properly issued. (e) Any person who violates the terms of any final order or decision issued pursuant to this article shall be liable for a civil penalty not to exceed $1,000.00. Each day the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (f) Judicial review of any final order or decision of the department entered pursuant to this article shall be available solely in the superior court of the county of domicile of the department. (g) In addition to any other administrative penalties authorized by this article, the department may, by rule or regulation, prescribe administrative fines for violations of this article and any rules and regulations promulgated by the department pursuant to this article.

7-1-695. Every payment instrument issued in the conduct of the business regulated by this article shall be signed by the licensee or its authorized agent, and the licensee shall be liable for the payment thereof to the same extent as a drawer of a negotiable instrument, whether or not the payment instrument is a negotiable instrument under Article 3 of Title 11.

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7-1-696. Any person, partnership, association, or corporation and the several members, officers, directors, agents, ultimate equitable owners, and employees thereof that shall violate any of the provisions of this article shall be guilty of a misdemeanor, which shall be punishable by imprisonment for not more than one year or by a fine of not more than $500.00, or by both such fine and imprisonment.

7-1-697. Nothing in this article shall limit any statutory or common law right of any person to bring any action in any court for any act involved in the cashing of payment instruments or the right of the state to punish any person for any violation of any law.

7-1-698. Every license in force and effect under Article 4 of Chapter 1 of this title, relating to sale of checks and money orders, on the date of enactment of this article shall remain in full force and effect on the effective date of this article, and all such existing licensees shall be required to renew their licenses pursuant to Code Section 7-1-685."

SECTION 2. Said chapter is further amended by repealing Article 4A, relating to the cashing of checks, drafts, or money orders for consideration, and enacting a new Article 4A to read as follows:

"ARTICLE 4A

7-1-700. As used in this article, the term:
(1) 'Cash payment instruments' or 'cashing payment instruments' means to accept a payment instrument from a person in exchange for monetary value less a fee. (2) 'Check' means any check, money order, draft, or negotiable demand instrument. (3) 'Check casher' means an individual, partnership, association, or corporation engaged in cashing payment instruments for a fee. (4) 'Closed-loop transaction' means a transaction where the value or credit is primarily intended to be redeemed for a limited universe of goods, intangibles, services, or other items provided by the issuer of the payment instrument, its affiliates or agents, or others involved in the transaction functionally related to the issuer or its affiliates or agents. (5) 'Commissioner' means the commissioner of banking and finance. (6) 'Control,' 'controlling,' 'controlled by,' and 'under common control with' means the direct or indirect possession of power to direct or cause the direction of management and policies of a person. (7) 'Covered employee' means any employee of a licensee engaged in any function related to cashing payment instruments.

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(8) 'Department' means the Department of Banking and Finance. (9) 'Executive officer' means the chief executive officer, president, chief financial officer, chief operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, secretary, treasurer, or any other person performing similar managerial or supervisory functions with respect to any organization, whether incorporated or unincorporated. (10) 'Fee' means a service charge, benefit, or other consideration, which includes, but is not limited to, cash, the exchange of value in excess of regular retail value, mandatory purchase of goods or services by patrons, or the purchase of catalogue items or coupons or other items indicating the ability to receive goods, services, or catalogue items. (11) 'Individual' means a natural person. (12) 'Licensee' means a person, including, but not limited to, a check casher, duly licensed under this article to accept payment instruments and exchange them for monetary value for a fee. (13) 'Misrepresent' means to make a false statement of a substantive fact. The term may also mean to engage in any conduct which leads to a false belief which is material to the transaction. (14) 'Monetary value' means a medium of exchange, whether or not redeemable in money. (15) 'Nation-wide Multistate Licensing System and Registry' means a licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of certain persons engaged in nondepository activities. (16) 'Open-loop transaction' means a transaction using a payment instrument with stored value to redeem for goods or services at any location that accepts such payment instrument. (17) 'Payment instrument' means any instrument, order, or device for the payment or transmission of money or monetary value, whether or not it is a negotiable instrument under the terms of Article 3 of Title 11, relating to negotiable instruments. The term includes, but is not limited to, checks, money orders, drafts, stored value cards, and open-loop transactions. The term does not include closed-loop transactions, credit card vouchers, letters of credit, or any instrument that is redeemable by the issuer only in specific goods or services of the issuer. (18) 'Person' means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized. (19) 'Stored value' means monetary value that is evidenced by an electronic record. (20) 'Ultimate equitable owner' means a person that:
(A) Owns, directly or indirectly, a 10 percent or more interest in a corporation or any other form of business organization; (B) Owns, directly or indirectly, 10 percent or more of the voting shares of any corporation or any other form of business organization; or

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(C) Exerts control, directly or indirectly, over a corporation or any other form of business organization, regardless of whether such person owns or controls such interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint stock companies, other entities or devices, or any combination thereof. (21) 'Unique identifier' means a number or other identifier assigned by protocols established by the Nation-wide Multistate Licensing System and Registry.

7-1-701. (a) Pursuant to this article, the department may license a person to cash payment instruments. (b) No person shall cash payment instruments without first obtaining a license under this article. (c) Every person that directly or indirectly controls another person that violates subsection (b) of this Code section, each general partner, executive officer, joint venture, ultimate equitable owner, or director of such person, and every person occupying a similar status or performing similar functions as such person violates with and to the same extent as such person. Any person who directly or indirectly controls a person who violates subsection (b) of this Code section may avoid liability if such person sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the original violation is alleged to exist.

7-1-701.1. The requirement for licensure set forth in this article shall not apply to:
(1) Any state or federally chartered bank, trust company, credit union, savings and loan association, or savings bank with deposits that are federally insured; (2) The United States Postal Service; (3) A state or federal governmental department, agency, authority, or instrumentality and its agents; (4) Any foreign bank that establishes a federal branch pursuant to the International Bank Act, 12 U.S.C. Section 3102; (5) Any person who accepts a payment instrument from a person in exchange for monetary value but does not charge a fee; or (6) An individual employed by a licensee or any person exempted from the licensing requirements of this article when acting within the scope of employment and under the supervision of the licensee or exempted person as an employee and not as an independent contractor.

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7-1-702. (a) Each applicant for a license under this article shall:
(1) Submit an application in writing, which is made under oath and in such form as the department may prescribe; (2) Furnish to the Nation-wide Multistate Licensing System and Registry the following information:
(A) The legal name and principal office address of the person applying for the license; (B) The name, residence, and business address of each director, ultimate equitable owner, and executive officer; (C) If the applicant has one or more branches or other locations at or through which the applicant proposes to cash payment instruments within this state, the complete address of each such location; and (D) The location where the initial registered office will be located in this state; and (3) Submit such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, ultimate equitable owners, or agents. (b) The application for license shall be filed together with: (1) An investigation and supervision fee established by rule or regulation which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first licensed year or the remaining part thereof; (2) Items required by other provisions of this article, including but not limited to Code Section 7-1-703 and subsection (c) of Code Section 7-1-707; and (3) Other information as may be required by the department. (c) The department shall pay all fees received from licensees and applicants related to applications, licenses, and renewals to the Office of the State Treasurer; provided, however, that the department may net such fees to recover the cost of participation in the Nation-wide Multistate Licensing System and Registry. (d) The department shall enact rules and regulations regarding the time frame by which all persons must submit an original or renewal application for licensure through the Nation-wide Multistate Licensing System and Registry.

7-1-702.1. A mobile payment instrument cashing facility operated by a licensee shall be treated as a branch location and the operations of the facility shall be conducted in accordance with the rules and regulations of the department.

7-1-702.2. (a) The department is authorized to:
(1) Participate in the Nation-wide Multistate Licensing System and Registry in order to facilitate the sharing of information and standardization of the licensing and application processes for persons subject to this article;

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(2) Enter into operating agreements, information sharing agreements, interstate cooperative agreements, and other contracts necessary for the department's participation in the Nation-wide Multistate Licensing System and Registry; (3) Disclose or cause to be disclosed without liability, via the Nation-wide Multistate Licensing System and Registry, applicant and licensee information, including, but not limited to, violations of this article and enforcement actions, to facilitate regulatory oversight; (4) Request that the Nation-wide Multistate Licensing System and Registry adopt an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law; and (5) Establish and adopt, by rule and regulation, requirements for participation by applicants and licensees in the Nation-wide Multistate Licensing System and Registry, upon the department's determination that each requirement is consistent with both the public interest and purposes of this article. (b) The department shall enact rules and regulations establishing a process whereby licensees may challenge information entered by the department into the Nation-wide Multistate Licensing System and Registry. (c) Irrespective of its participation in the Nation-wide Multistate Licensing System and Registry, the department shall retain full and exclusive authority over determinations of whether to grant, renew, suspend, or revoke licenses issued under this article. Nothing in this Code section shall be construed to reduce or otherwise limit such authority. (d) Information disclosed through the Nation-wide Multistate Licensing System and Registry is deemed to be disclosed directly to the department and subject to Code Section 7-1-70. Such information shall not be disclosed to the public and shall remain privileged and confidential pursuant to Code Section 7-1-70.

7-1-703. (a) The department shall conduct an investigation of every applicant for licensure to determine the financial responsibility, experience, character, and general fitness of such applicant. The department may issue the applicant a license to cash payment instruments if the department determines to its general satisfaction that:
(1) The applicant is financially sound and responsible and able to cash payment instruments in an honest, fair, and efficient manner and with the confidence and trust of the community; and (2) All conditions for licensure set forth in this article or the rules and regulations of the department have been satisfied. (b) The department shall not issue a license or may revoke a license if it finds that the applicant or licensee, any person who is a director, officer, partner, agent, covered employee, or ultimate equitable owner of the applicant or licensee, or any individual who directs the affairs of or controls or establishes policy for the applicant or licensee has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state,

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would constitute a felony under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered or an adjudication or sentence was otherwise withheld or not entered on that charge, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred or shall have received an official certification of pardon granted by the state's pardoning body where the conviction occurred which removes the legal disabilities resulting from such conviction and restores civil and political rights. (c) The department shall be authorized to obtain conviction data with respect to any applicant or licensee, any person who is a director, officer, partner, agent, covered employee, or ultimate equitable owner of the applicant or licensee, or any individual who directs the affairs of or controls or establishes policy for the applicant or licensee. The department may submit directly to the Georgia Crime Information Center two complete sets of fingerprints of such person, together with the required records search fees and such other information as may be required. Fees for background checks that the department administers shall be sent to the department by applicants and licensees together with the fingerprints. (d) Upon request by the department, each applicant, licensee, any person who is a director, officer, partner, agent, covered employee, or ultimate equitable owner of the applicant or licensee, or any individual who directs the affairs of or controls or establishes policy for the applicant or licensee shall submit to the department two complete sets of fingerprints, the required records search fees, and such other information as may be required. Fees for background checks that the department administers shall be submitted to the department by applicants or licensees together with two complete sets of fingerprints, and the department is authorized to net such fees to recover any costs incurred by the department related to running the background checks. Upon receipt of fingerprints, fees, and other required information, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department or by the applicant or licensee shall be used

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by the party requesting such data for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be confidential, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect such data. All such records shall be maintained by the department and the applicant or licensee pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this Code section, 'conviction data' means a record of a finding, verdict, or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (e) Every applicant and licensee shall be authorized and required to obtain and maintain the results of background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Applicants and licensees shall be responsible for any applicable fees charged by the Georgia Crime Information Center. An applicant or licensee may only employ a person whose background data has been checked and has been found to be in compliance with all lawful requirements prior to the initial date of hire. This provision does not apply to directors, officers, partners, or ultimate equitable owners of applicants or licensees or to persons who direct the affairs of or control or establish policy for applicants or licensees, whose background shall have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates a covered employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprint cards for such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (d) of this Code section. (f) Applicants and licensees shall have the primary responsibility for obtaining background checks on covered employees. The department shall be entitled to review the files of any applicant or licensee to determine whether the required background checks have been run and whether all covered employees are qualified. The department shall be authorized to discuss the status of employee background checks with applicants and licensees. Notwithstanding any other provisions in this article, the department shall retain the right to obtain conviction data on covered employees of applicants and licensees. (g) The department may use the Nation-wide Multistate Licensing System and Registry as a channeling agent for requesting information from and distributing information to the United States Department of Justice, any governmental agency, or any source so directed by the department.

7-1-703.1. Each licensee shall submit to the Nation-wide Multistate Licensing System and Registry timely reports of condition, which shall be in such form and shall contain such information

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as the department and the Nation-wide Multistate Licensing System and Registry may require.

7-1-703.2. The unique identifier of any licensee shall be clearly labeled on all advertisements and any other documents required by rule or regulation of the department.

7-1-704. Except as otherwise specifically provided in this article, all licenses issued pursuant to this article shall expire on December 31 of each year, and each application for renewal shall be made annually on or before December 1 of each year. A license may be renewed by the filing of an application substantially conforming to the requirements of Code Section 7-1-702 and the department's rules and regulations. No investigation fee shall be payable in connection with such renewal application. However, an annual license fee established by rule or regulation of the department to defray the cost of supervision shall be paid with each renewal application and shall not be refunded or prorated.

7-1-704.1. (a) A license issued pursuant to this article shall be kept conspicuously posted in the place of business of the licensee. (b) Such license shall not be transferable or assignable. (c) No licensee shall cash payment instruments under any name or names other than those authorized by the department in writing. (d) A licensee shall give written notice to the department of its intent to operate any new or additional locations not reported in either its original or renewal application. The required notice shall be provided to the department no later than 30 days after the licensee first cashed a payment instrument at any new or additional location.

7-1-705. (a) A licensee shall give written notice to the department by registered or certified mail of any action which may be brought against it by any creditor or claimant where such action relates to activities authorized under this article or involves a claim against the bond filed with the department under subsection (c) of Code Section 7-1-707. The notice shall provide details sufficient to identify the action and shall be sent within 30 days after the commencement of any such action. The licensee shall also give notice to the department by registered or certified mail within 30 days of the entry of any judgment against the licensee. (b) A licensee shall give written notice to the department by registered or certified mail within ten days of the following:
(1) Any knowledge or discovery of an act prohibited by Code Section 7-1-703 or 7-1-707 or subsection (a) of Code Section 7-1-708;

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(2) The discharge of any employee for actual or suspected misrepresentations, dishonest acts, or fraudulent acts; or (3) Any knowledge or discovery of an administrative, civil, or criminal action initiated by any government entity against the licensee, any of the licensee's directors, officers, partners, ultimate equitable owners, or any individual who directs the affairs of or controls or establishes policy for the licensee.

7-1-705.1. (a) Except as provided in this Code section, no person shall become an ultimate equitable owner of any licensee through acquisition or other change in control or become an executive officer of a licensee unless the person has first received written approval for such acquisition, change in control, or designation as an executive officer from the department. In order to obtain such approval, such person shall:
(1) File an application with the department in such form as the department may prescribe from time to time; (2) Provide such other information as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and executive officers, if a corporation, and its members, if applicable, and of any proposed new directors, executive officers, members, or ultimate equitable owners of the licensee; and (3) Pay such application fee as the department may prescribe. (b) The department may prescribe additional requirements for approval of such acquisition, change in control, or designation as an executive officer through rules and regulations. (c) If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial.

7-1-706. (a) Each licensee shall make, keep, and use in its business such books, accounts, and records as the department may require to enforce the provisions of this article and the rules and regulations promulgated under it. Each licensee shall preserve such books, accounts, and records for five years or such greater period of time as prescribed in the department's rules and regulations. (b) Records required to be made, kept, and preserved pursuant to subsection (a) of this Code section may be maintained in a photographic, electronic, or other similar form. (c) Records required to be made, kept, and preserved pursuant to subsection (a) of this Code section may be maintained at a location outside of this state so long as such records are produced to the commissioner at the department's main office within ten days of the date of a written request by the department to the licensee. (d) The department shall investigate and examine the affairs, business, premises, and records of any licensee pertaining to cashing payment instruments. The department may

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conduct such investigations or examinations at least once every 24 months. The department may accept examination reports performed and produced by other state or federal agencies in satisfaction of this requirement unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (e) Notwithstanding subsection (d) of this Code section, the department may alter the frequency or scope of investigations or examinations through rules or regulations prescribed by the department. In addition, if the department determines that based on the records submitted to the department and past history of operations of the licensee in the state such investigations or examinations are unnecessary, then the department may waive such investigations and examinations. (f) In addition to any other authority set forth under this article, the department shall be authorized to conduct investigations and examinations of applicants and licensees as follows:
(1) The department shall have the authority to access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to:
(A) Criminal, civil, and administrative history information, including nonconviction data; (B) Personal history and experience information, including, but not limited to, independent credit reports obtained from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681a; and (C) Any other documents, information, or evidence the department deems relevant to the inquiry, examination, or investigation regardless of the location, possession, control, or custody of such documents, information, or evidence; (2) The department may review, investigate, or examine any licensee or person subject to this article as often as necessary in order to carry out the purposes of this article; (3) Each licensee or person subject to this article shall make available to the department, upon request, any books and records relating to the activities of cashing payment instruments; (4) No licensee or person subject to investigation or examination under this article shall knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, documents, files, computer records, evidence, or other information; and (5) In order to carry out the purposes of this Code section, the department may: (A) Enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources, documents, records, information, or evidence or by utilizing standardized or uniform methods or procedures; (B) Accept and rely on examination or investigation reports made by other government officials within or outside this state; and

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(C) Accept audit reports or portions of audit reports made by an independent certified public accountant on behalf of the licensee or person subject to this article covering the same general subject matter as the audit and may incorporate the audit report in the report of examination, report of investigation, or other writing of the department. (g) Each licensee shall pay an examination fee as established by the rules and regulations of the department to cover the cost of an examination or investigation. (h) The department, in its discretion, may: (1) Make such public or private examination or investigation within or outside of this state as it deems necessary to determine whether any person has violated this article, any rule or regulation, or order issued under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise, as to all the facts and circumstances concerning the matter to be investigated; (3) Request any financial data from an applicant or licensee; and (4) Conduct an on-site examination of a licensee at any location of the licensee without prior notice to the licensee. (i) For the purpose of conducting any examination or investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such examinations or investigations, to require the attendance of witnesses, to require the production of books, accounts, records, documents, and papers, and to take the depositions of witnesses; and for such purposes the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or by examiners appointed by the department or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, accounts, records, documents, or papers resides or is found. (j) The department may issue and apply to enforce subpoenas in this state at the request of any government agency, department, organization, or entity regulating cashing payment instruments in another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the alleged activities had occurred in this state. (k) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (l) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is

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authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such information as is necessary to conduct a civil or administrative investigation or proceeding. Information contained in the records of the department that is not confidential and may be made available to the public either on the department's website or upon receipt by the department of a written request shall include:
(1) The name, business address, and telephone, fax, and license numbers of a licensee; (2) The names and titles of the principal officers; (3) The name of the owner or owners thereof; (4) The business address of a licensee's registered agent for service; (5) The name, business address, telephone number, and fax number of all locations of a licensee; (6) The terms of or a copy of any bond filed by a licensee; (7) Information concerning any violation of this article, any rule or regulation, or order issued under this article, provided that the information is derived from a final order of the department; and (8) Imposition of an administrative fine or penalty under this article. (m) The authority to conduct an examination or investigation as provided for in this Code section shall remain in effect whether such licensee or person acts or claims to act under any licensing or registration law of this state or claims to act without such authority. (n) In the absence of malice, fraud, or bad faith, a person is not subject to civil liability arising out of furnishing the department with information required by this article or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person: (1) For any information relating to suspected prohibited conduct furnished to or received from law enforcement officials, their agents, or employees or to or from other regulatory or licensing authorities; (2) For any such information furnished to or received from other persons subject to the provisions of this article; or (3) For any information furnished in complaints filed with the department. (o) The commissioner or any employee or agent of the department shall not be subject to civil liability, and no civil cause of action of any nature shall exist against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section.

7-1-706.1. Without limiting the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the interpretation and enforcement of this article.

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7-1-707. (a) No licensee shall deposit with any financial institution a payment instrument it has accepted and exchanged for monetary value unless such payment instrument is endorsed by the licensee. (b) No licensee shall receive any payment instrument with payment deferred pending collection. Payment shall be made immediately in cash for every payment instrument accepted by the licensee and exchanged for monetary value for a fee. (c) Notwithstanding the provisions of subsection (b) of this Code section, checks may be accepted for collection with payment deferred where the licensee has posted a surety bond in the same manner as prescribed for licensed money transmitters or licensed payment instrument sellers under Code Section 7-1-683.2 and under the same conditions as set forth under Code Section 7-1-687. The surety bond shall be in the aggregate amount of $10,000.00 for each location operated by the licensee, if the licensee operates three or fewer locations, plus $5,000.00 per location for the fourth and fifth locations operated by the licensee, plus $1,000.00 for each location operated by the licensee in excess of the fifth location. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any claimant against the licensee arising out of the licensee's business of cashing payment instruments with payment deferred in this state. The bond shall not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail or statutory overnight delivery, return receipt requested, and such cancellation shall be effective no sooner than 30 days after receipt by the department of such notice. In no event shall payment of a check be deferred past the time the licensee has collected on the check. Upon collection, payment shall be made immediately to the party from whom the licensee accepted the check. (d) No licensee shall cash payment instruments made payable to a payee other than an individual unless such licensee has previously obtained appropriate documentation from the authorized executive officer of such payee clearly indicating the authority of the individual to cash the payment instrument on behalf of the payee. (e) No licensee shall cash payment instruments without identification of the bearer of such instrument, and any person seeking to cash payment instruments shall be required to submit such reasonable identification as shall be prescribed by the department; provided, however, that the provisions of this subsection shall not prohibit a licensee from cashing payment instruments simultaneously with the verification and establishment of the identity of the presenter by means other than the presentation of identification. (f) No licensee shall:
(1) Charge a fee for cashing payment instruments in excess of 5 percent of the face amount of the payment instrument or $5.00, whichever is greater; (2) Charge a fee for cashing payment instruments in excess of 3 percent of the face amount of the payment instrument or $5.00, whichever is greater, if such payment instrument is state public assistance or a federal social security benefit made payable to the bearer of such payment instrument; or

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(3) Charge a fee for cashing payment instruments in excess of 10 percent of the face amount of the payment instrument or $5.00, whichever is greater, if such payment instrument is a personal check or money order. For purposes of this subsection, 'personal check or money order' means a payment instrument drawn against the account of an individual. (g) No licensee shall engage in any activity that would subject the licensee to suspension or revocation of its license pursuant to this article or any activity that the department may prohibit by rule or regulation.

7-1-707.1. In every location operated by a licensee, there shall be conspicuously posted and at all times displayed a notice stating the charges for cashing payment instruments.

7-1-708. (a) The department may suspend or revoke an original or renewal license issued pursuant to this article if it finds that any ground or grounds exist which would require or warrant the refusal of an application for the issuance or renewal of a license if such an application were then before it. The department may also deny an application or suspend or revoke an original or renewal license issued pursuant to this article if it finds that the licensee has:
(1) Committed any fraud, engaged in any dishonest activities, or made any misrepresentation; (2) Violated any provisions of this article, any rule or regulation issued pursuant thereto, any order issued by the department, or any other law in the course of its dealings as a licensee; (3) Made a false statement in an original or renewal application for licensure or failed to give a true reply to a question in an original or renewal application; (4) Demonstrated incompetency or untrustworthiness to act as a licensee; (5) Failed to pay, within 30 days after it becomes final, a judgment recovered in any court by a claimant or creditor in an action arising out of the licensee's business of cashing payment instruments; (6) Purposely withheld, deleted, destroyed, or altered information requested by an examiner of the department or made false statements or misrepresentations to the department; or (7) Operated in an unsafe or unsound manner. (b) The department shall not issue a license to an applicant and may revoke a license if such applicant or licensee is subject to or employs any person subject to a final cease and desist order that has been issued within the preceding five years if such order was based on a violation of this article. Each applicant or licensee shall, before hiring a covered employee, examine the department's public records to determine that such covered employee is not subject to a cease and desist order.

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(c) The department shall not issue a license to an applicant and may revoke a license if such applicant or licensee is subject to or employs any person whose license issued pursuant to this article was revoked within the preceding five years. Each applicant or licensee shall, before hiring a covered employee, examine the department's public records to determine that such covered employee's license was not revoked. (d) The department shall not issue a license to an applicant and may revoke a license if it finds that any person who is a director, officer, partner, ultimate equitable owner of the applicant or licensee or any individual who directs the affairs of or controls or establishes policy for the applicant or licensee has been in one or more of those roles as a licensee whose application has been denied or license revoked or suspended within five years of the date of the application. (e) Notice of the department's intention to enter an order denying an application for a license or suspending or revoking a license shall be given to the applicant or licensee in writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant or licensee. If a person refuses to accept service of the notice by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service, and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. This liability shall be paid upon notice and demand by the commissioner or the commissioner's representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant or licensee may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by mail addressed to the principal place of business of such applicant or licensee. (f) A decision by the department denying an application for license or of an order suspending or revoking a license shall be subject to review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) Whenever the department initiates an administrative action against a current licensee or an applicant, the department may pursue such action to its conclusion despite the fact that a licensee may withdraw or fail to renew its license or an applicant may withdraw its application. (h) The suspension or revocation of a license under this Code section does not alter, ameliorate, or void a licensee's duties or liabilities under any existing contract entered into by the licensee prior to such suspension or revocation.

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(i) The provisions of this Code section shall not apply when an application for a license is denied or a license is suspended as provided in Code Section 7-1-708.1.

7-1-708.1 (a) Where an applicant or licensee has been found to be a borrower in default, as defined in Code Section 20-3-295, such action shall be sufficient grounds for denial of an application or suspension of a license. In such actions, the hearing and appeal procedures provided for in said Code section shall be the only procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in collecting outstanding student loan debt. (b) 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 denial of an application or suspension of a license. In such actions, the hearing and appeal procedures provided for in Code Section 19-6-28.1 or 19-11-9.3 shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support.

7-1-708.2. (a) The department may issue an order requiring a person to cease and desist immediately from unauthorized activities whenever it shall appear to the department that:
(1) Except as provided in paragraph (2) of this subsection, a person has violated any law of this state or any order or regulation of the department, and such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing; or (2) A person not licensed under this article is engaging in or has engaged in activities requiring licensure under this article, which such cease and desist order shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption is obtained within the 30 day period, the order shall be rescinded by the department. (b) The cease and desist order shall be in writing, sent by registered or certified mail or statutory overnight delivery and addressed to the person's business address and, if the person is an individual, to the individual's personal address. Any cease and desist order sent to a person at its business address and, if an individual, his or her personal address that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and lawfully served. (c) Any hearing authorized under paragraph (1) of subsection (a) of this Code section shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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(d) Whenever a person shall fail to comply with the terms of a final order or decision of the department issued pursuant to this article, the department may, through the Attorney General and upon notice of three days to such person, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. After a hearing upon the merits or after failure of such person to appear when ordered, the court shall grant the petition of the department upon a finding that the order of the department was properly issued. (e) Any person who violates the terms of any final order or decision issued pursuant to this article shall be liable for a civil penalty not to exceed $1,000.00. Each day the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (f) Judicial review of any final order or decision of the department entered pursuant to this article shall be available solely in the superior court of the county of domicile of the department. (g) In addition to any other administrative penalties authorized by this article, the department may, by rule or regulation, prescribe administrative fines for violations of this article and any rules and regulations promulgated by the department pursuant to this article.

7-1-709. Any person, partnership, association, or corporation and the several members, officers, directors, agents, ultimate equitable owners, and employees thereof that shall violate any of the provisions of this article shall be guilty of a misdemeanor, which shall be punishable by imprisonment for not more than one year or by a fine of not more than $500.00, or by both such fine and imprisonment.

7-1-709.1. Nothing in this article shall limit any statutory or common law right of any person to bring any action in any court for any act involved in cashing payment instruments or the right of the state to punish any person for any violation of any law.

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7-1-709.2. Every license in force and effect under Article 4A of Chapter 1 of this title, relating to cashing checks, drafts, or money orders for consideration, on the date of enactment of this article shall remain in full force and effect on the effective date of this article, and all such existing licensees shall be required to renew their licenses pursuant to Code Section 7-1-704."

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

Approved April 15, 2014.

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REVENUE AND TAXATION AGRICULTURE CLARIFY SALES AND USE TAX EXEMPTIONS RELATIVE TO AGRICULTURE.

No. 533 (House Bill No. 983).

AN ACT

To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to the state sales and use tax, so as to clarify eligible exemptions; to amend Code Section 2-1-5 of the Office Code of Georgia Annotated, relating to annual license fees for qualified agriculture producers, so as to correct a cross-reference; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to the state sales and use tax, is amended by revising Code Section 48-8-3.3, relating to certain agricultural exemptions, as follows:
"48-8-3.3. (a) As used in this Code section, the term:
(1)(A) 'Agricultural machinery and equipment' means machinery and equipment used in the production of agricultural products, including, but not limited to, machinery and equipment used in the production of poultry and eggs for sale, including, but not limited

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to, equipment used in the cleaning or maintenance of poultry houses; in hatching and breeding of poultry and the breeding of livestock and equine; in production, processing, and storage of fluid milk for sale; in drying, ripening, cooking, further processing, or storage of agricultural products, including, but not limited to, orchard crops; in production of livestock and equine for sale; by a producer of poultry, eggs, fluid milk, equine, or livestock for sale; for the purpose of harvesting agricultural products to be used on the farm by that producer as feed for poultry, equine, or livestock; in tilling the soil or in animal husbandry; machinery and equipment used exclusively for irrigation of agricultural products, including, but not limited to, fruit, vegetable, and nut crops regardless of whether the irrigation machinery or equipment becomes incorporated into real property; and machinery and equipment used to cool agricultural products in storage facilities. (B) 'Agricultural machinery and equipment' shall mean farm tractors and attachments to the tractors; off-road vehicles used primarily in the production of nursery and horticultural crops; self-propelled fertilizer or chemical application equipment sold to persons engaged primarily in producing agricultural products for sale and which are used exclusively in tilling, planting, cultivating, and harvesting agricultural products, including growing, harvesting, or processing onions, peaches, blackberries, blueberries, or other orchard crops, nursery, and other horticultural crops; devices and containers used in the transport and shipment of agricultural products; aircraft exclusively used for spraying agricultural crops; pecan sprayers, pecan shakers, and other equipment used in harvesting pecans sold to persons engaged in the growing, harvesting, and production of pecans; and off-road equipment and related attachments which are sold to or used by persons engaged primarily in the growing or harvesting of timber and which are used exclusively in site preparation, planting, cultivating, or harvesting timber. Equipment used in harvesting shall include all off-road equipment and related attachments used in every forestry procedure starting with the severing of a tree from the ground until and including the point at which the tree or its parts in any form has been loaded in the field in or on a truck or other vehicle for transport to the place of use. Such off-road equipment shall include, but not be limited to, skidders, feller bunchers, debarkers, delimbers, chip harvesters, tub-grinders, woods cutters, chippers of all types, loaders of all types, dozers, mid-motor graders, and the related attachments; grain bins and attachments to grain bins regardless of whether such grain bins or attachments are incorporated into real property; any repair, replacement, or component parts installed on agricultural machinery and equipment; trailers used to transport agricultural products; all-terrain vehicles and multipassenger rough-terrain vehicles; and any other off-road vehicles used in the production of agricultural or horticultural products. (2)(A) 'Agricultural operations' is used synonymously with the term 'agricultural purposes' and means the following activities:

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(i) Raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; (ii) Feeding, breeding, or managing livestock, equine, or poultry; (iii) Producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; (iv) Producing plants, trees, fowl, equine, or other animals; (v) Producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; (vi) Processing poultry; (vii) Post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; (viii) Slaughtering poultry and other animals; and (ix) Manufacturing dairy products. (B) 'Agricultural operations' excludes constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. (2.1) 'Agricultural products' means items produced by agricultural operations. Agricultural products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state. (3) 'Agricultural production inputs' means seed; seedlings; plants grown from seed, cuttings, or liners; fertilizers; insecticides; livestock and poultry feeds, drugs, and instruments used for the administration of such drugs; fencing products and materials used to produce agricultural products regardless of whether the fencing products or materials become incorporated into real property; fungicides; rodenticides; herbicides; defoliants; soil fumigants; plant growth regulating chemicals; desiccants, including, but not limited to, shavings and sawdust from wood, peanut hulls, fuller's earth, straw, and hay; feed for animals, including, but not limited to, livestock, fish, equine, hogs, or poultry; sugar used as food for honeybees kept for the commercial production of honey, beeswax, and honeybees; cattle, hogs, sheep, equine, poultry, or bees when sold for breeding purposes; ice or other refrigerants, including, but not limited to, nitrogen, carbon dioxide, ammonia, and propylene glycol used in the processing for market or the chilling of agricultural products in storage facilities, rooms, compartments, or delivery trucks; materials, containers, crates, boxes, labels, sacks, bags, or bottles used for packaging agricultural products when the product is either sold in the containers, sacks, bags, or bottles directly to the consumer or when such use is incidental to the sale of the product for resale; and containers, plastic, canvas, and other fabrics used in the care and raising

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of agricultural products or canvas used in covering feed bins, silos, greenhouses, and other similar storage structures. (3.1) 'Animal' shall be synonymous with livestock and means living organisms that are commonly regarded as farm animals, organisms that produce tangible personal property for sale, or organisms that are processed, manufactured, or converted into articles of tangible personal property for sale. The term does not include living organisms that are commonly regarded as domestic pets or companion animals. (4) 'Energy used in agriculture' means fuels used for agricultural purposes, other than fuels subject to prepaid state tax as defined in Code Section 48-8-2. The term includes, but is not limited to, off-road diesel, propane, butane, electricity, natural gas, wood, wood products, or wood by-products; liquefied petroleum gas or other fuel used in structures in which broilers, pullets, or other poultry are raised, in which swine are raised, in which dairy animals are raised or milked or where dairy products are stored on a farm, in which agricultural products are stored, and in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of agricultural products; and electricity or other fuel used in the drying, cooking, or further processing of raw agricultural products, including, but not limited to, food processing of raw agricultural products. (5) 'Qualified agricultural producer' includes producers of agricultural products who meet one of the following criteria:
(A) The person or entity is the owner or lessee of agricultural land or other real property from which $2,500.00 or more of agricultural products were produced and sold during the year, including payments from government sources; (B) The person or entity is in the business of performing agricultural operations and has provided $2,500.00 of such services during the year; (C) The person or entity is in the business of producing long-term agricultural products from which there might not be annual income, including, but not limited to, timber, pulpwood, orchard crops, pecans, and horticultural or other multiyear agricultural or farm products. Applicants must demonstrate that sufficient volumes of such long-term agricultural products will be produced which have the capacity to generate at least $2,500.00 in sales annually in the future; or (D) The person or entity must establish, to the satisfaction of the Commissioner of Agriculture, that the person or entity is actively engaged in the production of agricultural products and has or will have created sufficient volumes to generate at least $2,500.00 in sales annually. (b) The sales and use taxes levied or imposed by this article shall not apply to sales to, or use by, a qualified agricultural producer of agricultural production inputs, energy used in agriculture, and agricultural machinery and equipment.

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(c) The Commissioner of Agriculture shall require applicants to acknowledge and produce, upon request, at least one of the following forms to determine eligibility under this Code section:
(1) Business activity on IRS schedule F (Profit or Loss from Farming); (2) Farm rental activity on IRS form 4835 (Farm Rental Income and Expenses) or schedule E (Supplemental Income and Loss); (3) IRS Form 4797; (4) IRS Form 1065; or (5) IRS Form 1120 or 1120(s). (d) Qualified agricultural producers that meet the criteria provided for in paragraph (5) of subsection (a) of this Code section must apply to the Commissioner of Agriculture to request an agricultural sales and use tax exemption certificate that contains an exemption number. Upon request, the qualified agricultural producer shall produce the form requested by the Commissioner of Agriculture under subsection (c) of this Code section to the commissioner. To facilitate the use of the exemption certificate, a wallet-sized card containing that same information shall also be issued by the Commissioner of Agriculture. (e) The Commissioner of Agriculture is authorized to promulgate rules and regulations governing the issuance of agricultural exemption certificates and the administration of this Code section. The Commissioner of Agriculture is authorized to establish an oversight board and direct staff and is authorized to charge annual fees of not less than $15.00 nor more than $25.00 per year in accordance with Code Section 2-1-5, but in no event shall the total amount of the proceeds from such fees exceed the cost of administering this Code section. (f) The commissioner is authorized to promulgate rules and regulations as necessary to facilitate compliance with and the administration of the provisions of this Code section. The department, in conjunction with the Department of Agriculture, is authorized to conduct audits, as necessary, to monitor compliance with the provisions of this Code section. (g) A dealer that performs both manufacturing and agricultural operations at a single place of business may avail itself of the exemptions under either Code Section 48-8-3.2 or this Code section, but not both, for that place of business in any one calendar year. (h) Notwithstanding subsection (c) of Code Section 48-8-63, contractors shall not incur any use tax on: (1) Tangible personal property that a qualified agricultural producer purchases tax-exempt under this Code section and furnishes to such contractor for use in the performance of an agricultural operation, so long as such property retains the character of tangible personal property and is returned to the qualified agricultural producer upon the completion of the contract; or (2) Grain bins, irrigation equipment, and fencing or the repair, replacement, or component parts to grain bins, irrigation equipment, or fencing that a qualified

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agricultural producer purchases tax-exempt under this Code section for use in an agricultural operation and furnishes to such contractor for installation into real property."

SECTION 2. Code Section 2-1-5 of the Office Code of Georgia Annotated, relating to annual license fees for qualified agriculture producers, is amended in subsection (b) by replacing "qualified agriculture producer" with "qualified agricultural producer".

SECTION 3. This Act shall become effective on January 1, 2015, and shall be applicable to all taxable years beginning on or after January 1, 2015.

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

Approved April 15, 2014.

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SOCIAL SERVICES PROHIBIT EXPANSION OF MEDICAID ELIGIBILITY WITHOUT PRIOR LEGISLATIVE APPROVAL.

No. 534 (House Bill No. 990).

AN ACT

To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to prohibit the expansion of Medicaid eligibility through an increase in the income threshold without prior legislative approval; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. WHEREAS, the General Assembly is constitutionally mandated to balance the Georgia state budget through the annual appropriations process; and

WHEREAS, the Medicaid program comprises one of the largest expenditures of state funds in the annual budget; and

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WHEREAS, any decision to increase the income threshold for eligibility for the Medicaid entitlement program in Georgia must be carefully considered within the context of the state's responsibility to fund other critical state services, including education, infrastructure, and public safety; and

WHEREAS, Governor Nathan Deal has demonstrated fiscal responsibility throughout his first term in office; and

WHEREAS, Governor Deal has recently declined to expand Medicaid eligibility through an increase in the income threshold in Georgia's Medicaid program despite efforts by the federal government to compel states to expand this entitlement program through provisions of the Affordable Care Act; and

WHEREAS, expanding Medicaid eligibility by increasing the income threshold for the Medicaid entitlement program would dramatically increase the number of Georgians receiving public assistance that otherwise do not qualify for Medicaid benefits by meeting low-income program requirements for aged, blind, and disabled individuals; for families or children age 18 and under; for aged, blind, and disabled individuals receiving nursing home care; for individuals receiving hospice care; for pregnant women; or for individuals with breast or cervical cancer; or by meeting other program requirements for children in foster care or adopted from foster care or for children with disabilities receiving services under a federal Deeming waiver; and

WHEREAS, in support of Governor Deal's stance against this effort to oblige states to expand the income threshold for Medicaid benefits and, in an effort to assure any similar efforts by the federal government are seriously evaluated in the future, the General Assembly determines it is essential that a potential expansion of eligibility for Medicaid be thoroughly debated and voted upon by the legislature.

SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows:
"49-4-142.2. On and after the effective date of this Code section, neither the department, the board, nor any other representative of the state shall expand Medicaid eligibility under this article through an increase in the income threshold without prior legislative approval; provided, however, that this shall not apply to any increase resulting from a cost-of-living increase in the federal poverty level. The legislative approval required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly."

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

Approved April 15, 2014.

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PROFESSIONS AND BUSINESSES ELIMINATE APPRENTICE AUCTIONEER LICENSES.

No. 535 (House Bill No. 1042).

AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to eliminate the authority for the Georgia Auctioneers Commission to issue apprentice auctioneer licenses and remove any references to such licenses; to provide for gender neutrality; 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 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by revising paragraphs (2) and (3) of Code Section 43-6-1, relating to definitions applicable to auctioneers, as follows:
"(2) Reserved. (3) 'Auction business' or 'business of auctioning' means the performing of any of the acts of an auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale."

SECTION 2. Said chapter is further amended by revising subsections (a) and (b) of Code Section 43-6-9, relating to license requirement for auctioneers and apprentice auctioneers, registration for companies conducting auctions, and restrictions as to sales of real property, as follows:
"(a) It shall be unlawful for any person, directly or indirectly, to engage in, conduct, advertise, hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an auctioneer within this state without first obtaining a license as an

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auctioneer, as provided in this chapter, unless he or she is exempted from obtaining a license under Code Section 43-6-24. (b) It shall be unlawful for any licensed auctioneer to act in such capacity in the sale of real property unless such auctioneer shall also be licensed as a real estate broker, associate broker, or salesperson under Chapter 40 of this title; provided, however, that any auctioneer who was licensed as such by this state prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he or she has been auctioning real property for five years or more immediately prior to the date of application shall not be required to meet the provisions of this subsection but such person shall not thereby be construed to be a real estate broker, associate broker, or salesperson under Chapter 40 of this title."

SECTION 3. Said chapter is further amended by revising Code Section 43-6-10, relating to an application by a person for a license, as follows:
"43-6-10. Any person desiring to act as an auctioneer must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following:
(1) The name and address of the applicant or the name under which he or she intends to conduct business; if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted; and, if the applicant is a corporation, the name and address of each of its principal officers; (2) The place or places, including the municipality, with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the commission shall require."

SECTION 4. Said chapter is further amended by revising Code Section 43-6-11, relating to qualifications of applicants, as follows:
"43-6-11. (a) No auctioneer's license shall be issued to any person who has not attained the age of 18 years, nor to any person who is not a resident of this state unless he or she has fully complied with Code Section 43-6-12, nor to any person who is not a citizen or has not filed his or her intent to become a citizen of the United States. (b) Each applicant for an auctioneer's license shall be required to pass an examination in a form prescribed by the commission. (c) Each applicant for licensure as an auctioneer must prove to the commission that he or she is reputable, trustworthy, honest, and competent to transact the business of auctioning in such a manner as to safeguard the interest of the public.

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(d) Each applicant for licensure as an auctioneer shall have successfully graduated from an accredited high school or obtained a GED and have graduated from an auctioneers school approved by the commission prior to making an application for an auctioneer's license."

SECTION 5. Said chapter is further amended by revising subsections (a) and (c) of Code Section 43-6-12, relating to reciprocity, nonresident license requirement, and designation of agents for service of process, as follows:
"(a) Any resident of another state who holds a current license as an auctioneer under the laws of any other state having requirements similar to those in this chapter may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without written examination upon the payment of the fees as required by the commission." "(c) Prior to the issuance of a license to a nonresident auctioneer, such nonresident shall file with the commission a designation in writing that appoints the commission or a deputy to be designated by it to act as the licensee's agent upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon such agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of all such process or notices, the commission or the deputy as designated by it shall immediately mail a copy of the same by certified mail or statutory overnight delivery to the last known business address of the licensee."

SECTION 6. Said chapter is further amended by revising Code Section 43-6-14, relating to affixing seal to licenses, delivery of licenses, display of licenses, pocket card, and branch office licenses, as follows:
"43-6-14. Each license shall have placed thereon the seal of the commission. The license of each auctioneer shall be delivered or mailed to his or her place of business and shall be displayed conspicuously at all times in the office of the licensee. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed auctioneer, as the case may be, stating the period of time for which fees have been paid. If an auctioneer maintains more than one place of business within the state, a branch office license shall be issued to such auctioneer for each branch office so maintained by him or

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her upon the payment of a biennial fee in an amount established by the commission; and the branch office license shall be conspicuously displayed in each branch office."

SECTION 7.
Said chapter is further amended by revising subsections (a) and (c) of Code Section 43-6-16, relating to grounds for refusal to issue license, as follows:
"(a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of auctioning 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 shall grant a license to a corporation, limited liability company, or partnership only if the stockholder, member, or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness, and integrity." "(c) Where an applicant has made a false statement of material fact on his or her application, such false statement, in itself, may be sufficient ground for refusal of a license."

SECTION 8. Said chapter is further amended by revising Code Section 43-6-18, relating to grounds for revocation or suspension of licenses and censure of licensees, as follows:
"43-6-18. The commission may, upon its own motion, and shall, upon the signed complaint in writing of any person, investigate the actions of any auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to, the following:
(1) Making any substantial misrepresentation while describing any property, real or personal; using any false, deceptive, misleading, or untruthful advertising; or making any statements, either in person or through any form of advertising, which may create false or unjustified expectations of the services to be performed; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising an auction to be an absolute auction, but conducting it as an auction with reserve or otherwise; (3) Failing to account for or remit, within 30 days unless otherwise provided by contract, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep such funds of others in an escrow or trustee account; (4) Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony; (5) Violation of any rule or regulation or code of ethics promulgated by the commission;

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(6) Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness; (7) Any conduct of an auctioneer which demonstrates improper, fraudulent, or dishonest dealings; (8) Having had any license to practice a business or profession revoked, suspended, annulled, or sanctioned, or otherwise having had any disciplinary action taken by any other licensing authority in this or any other state; or (9) Knowingly making any misleading, false, or deceptive statement on any application for a license under this chapter."

SECTION 9.
Said chapter is further amended by revising Code Section 43-6-20, relating to effect of
revocation of auctioneer's license on licenses of apprentice auctioneers, as follows: "43-6-20. Reserved."

SECTION 10. Said chapter is further amended by revising Code Section 43-6-21, relating to notification of change of address and effect of apprentice's leaving auctioneer, as follows:
"43-6-21. Should the auctioneer change his or her place of business, he or she shall notify the commission in writing within ten days of such change, and thereupon a new pocket card shall be granted to the auctioneer."

SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 43-6-22, relating to prerequisite for bringing action for compensation and power of commission to sue for violation, as follows:
"(a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he or she was a duly licensed auctioneer at the time the alleged cause of action arose."

SECTION 12. Said chapter is further amended by revising Code Section 43-6-25, relating to penalty, as follows:
"43-6-25. Any person or corporation acting as an auctioneer within the meaning of this chapter without a license and any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, by imprisonment for a term not to exceed 90 days, or both."

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

Approved April 15, 2014.

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STATE GOVERNMENT GEORGIA DOWNTOWN RENAISSANCE FUND; CREATION.

No. 536 (House Bill No. 128).

AN ACT

To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the Georgia Downtown Renaissance Fund to direct and fund efforts for redevelopment, preservation, small business development, and community planning in certain downtown districts in this state; to provide for a short title; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Community Affairs; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding a new article to read as follows:
"ARTICLE 11
50-8-260. As used in this article, the term:
(1) 'Department' means the Department of Community Affairs. (2) 'Fund' means the Georgia Downtown Renaissance Fund, a revolving loan fund originating low-interest loans for qualified investments in a downtown district.
50-8-261. (a) This article shall be known and may be cited as the 'Georgia Downtown Renaissance Fund Act.'

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(b) The Georgia Downtown Renaissance Fund is established within the department for the purpose of assisting local governments, downtown development authorities, urban redevelopment authorities, special districts, and nonprofit organizations with financing and technical assistance to encourage economic and small business development, historic preservation, private investment, public improvements, leadership development, training, design assistance, and financing in the effort of improving downtown districts. (c) The commissioner of community affairs shall serve as the director of the fund.
(d)(1) Using such funds as may be appropriated, the office may provide assistance to eligible local governments, urban redevelopment authorities, development authorities, or downtown development authorities in the form of technical assistance, loans, loan guarantees, or any combination thereof. (2) Appropriated funds by line item in any appropriations Act for the Georgia Downtown Renaissance Fund shall be used for project financing and be disbursed through rules and procedures promulgated by the Office of Downtown Development. (3) The initial investment into the Georgia Downtown Renaissance Fund shall be capped on an annual basis of $5 million per year for up to four years, not to exceed $20 million. (e) The department may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the fund. (f) Each municipal corporation in this state may make application to the department for assistance in downtown district development. A major criteria to be used in determining the amount of any financial assistance granted by the department from the fund may be the local commitment to the redevelopment of the downtown district. (g) The department shall be authorized to charge reasonable application or service fees to offset administrative costs incurred in the administration of the fund. (h) The department shall be authorized to promulgate any rules and regulations necessary to implement and administer this Code section."

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

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

Approved April 16, 2014.

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CONSERVATION AND NATURAL RESOURCES FLINT RIVER DROUGHT PROTECTION ACT; LEGISLATIVE INTENT; DEFINITIONS; EXPAND PROGRAMS; ADDITIONAL POWERS OF DIRECTOR; IRRIGATION EFFICIENCY REQUIREMENTS; PARTICIPATION IN AUGMENTED FLOW PROGRAMS; COMPLIANCE AND ENFORCEMENT.

No. 537 (Senate Bill No. 213).

AN ACT

To amend Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Flint River Drought Protection Act," so as to clarify legislative intent; to revise definitions; to expand programs; to provide for additional powers of the director; to provide for new irrigation efficiency requirements; to provide for participation in augmented flow programs; to clarify compliance and enforcement provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Flint River Drought Protection Act," is amended by revising subsection (b) of Code Section 12-5-541, relating to legislative intent, as follows:
"(b) The General Assembly finds that the use of water resources for the state for agricultural purposes is of vital importance to Georgia and southwest Georgia in particular; the protection of flows in the Flint River and its tributaries is necessary for a healthy riverine ecosystem and a healthy population of aquatic life; the use of water resources during drought conditions may interfere with public and private rights; the economic well-being of the State of Georgia is dependent on a strong and efficient agricultural industry; the wise use of water, the protection of stream flows, and the economic well-being of the state will be furthered by proper water allocation in periods of drought; and programs to augment stream flows or provide incentives to ensure that certain irrigated lands are temporarily not irrigated during severe droughts will promote the wise use of water resources, and the protection of stream flows for habitat critical for aquatic life, and the economic well-being of the state."

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SECTION 2. Said article is further amended by revising Code Section 12-5-542, relating to definitions relative to Flint River drought protection, as follows:
"12-5-542. As used in this article, except where otherwise specifically provided, the term:
(1) 'Acceptable Flint River basin stream flows' means the quantity of stream flows at one or more specific locations on the Flint River or its tributaries which provides for aquatic life protection and other needs as established by the director, based on municipal, agricultural, industrial, and environmental needs. Such tributaries shall not include field drainage systems, wet weather ditches, or any other water body:
(A) In which the channel is located above the ground-water table year round; (B) For which runoff from precipitation is the primary source of water flow; and (C) For which ground water is not a source of water flow. (2) 'Affected areas' means those specific portions of the state lying within the Flint River basin where ground-water use from the Floridan aquifer can affect stream flow or where drainage into Spring Creek, Ichawaynochaway Creek, Kinchafoonee Creek, and Muckalee Creek occurs. (2.1) 'Augmentation' means the addition of ground water from one or more aquifers underlying the affected areas into a surface water channel within the affected areas for the purpose of maintaining instream flows. (3) 'Authority' means the Georgia Environmental Finance Authority created by Chapter 23 of Title 50. (4) 'Board' means the Board of Natural Resources. (5) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (6) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (7) 'Drought conditions' means any condition which results in a stream flow that is lower than the acceptable Flint River basin stream flows. (8) 'Drought protection funds' means the funds held by the authority as provided in Code Section 12-5-545 for the accomplishment of the purposes of this article. (9) 'Flint River basin' means the area of land which drains into the Flint River or its tributaries. (10) 'Floridan aquifer' means those rocks and sediments described in United States Geological Survey Open-File Report 95-321 (1996) that are capable of yielding ground water to wells or discharging water into the Flint River or its tributaries. (11) 'Irrigated land' means farm land which is irrigated by ground water or surface water pursuant to a water withdrawal permit issued by the director pursuant to Code Section 12-5-31 or 12-5-96.

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(11.1) 'Irrigation efficiency' means the percentage of the total amount of water withdrawn from a source which is beneficially used to meet crop water requirements or for other agronomic practices in accordance with applicable best management practices. (12) 'Irrigation reduction auction' means the procedure established by subsection (b) of Code Section 12-5-546 pursuant to which permittees submit offers to cease irrigation of a specified number of acres in exchange for a certain sum of money. (13) 'Permittee' means a person holding a valid permit issued before December 1, 2000, pursuant to Code Section 12-5-31 or 12-5-96. (14) 'Stream flow' means the quantity of water passing a given location of the Flint River or its tributaries over a given time period expressed in cubic feet per second."

SECTION 3.
Said article is further amended in Code Section 12-5-544, relating to powers of the director of the Environmental Protection Division, by revising paragraph (2) and adding a new
paragraph to read as follows: "(2) Establish acceptable Flint River basin stream flows at one or more locations;" "(9.1) Conduct and participate in studies related to management of the water resources in the Flint River basin;"

SECTION 4. Said article is further amended in Code Section 12-5-546, relating to drought predictions and irrigation reduction auction, by revising subsections (a), (b), and (e) as follows:
"(a) On or before March 1 of each year, the division may issue a prediction as to whether severe drought conditions are expected during the year. If the division predicts a severe drought during any particular year, it shall issue such prediction before March 1 of that year. Prediction of severe drought may be based on consideration of historical, mathematical, or meteorological information, including, but not limited to, stream flows, ground-water levels, and precipitation forecasts. Such prediction may also be based on scientific analyses, including, but not limited to, the Palmer Drought Severity Index administered by the National Oceanographic and Atmospheric Administration. (b) If severe drought conditions are predicted or otherwise declared in accordance with subsection (a) of this Code section, the division may determine the total number of acres of irrigated land, serviced by irrigation systems located within one or more of the affected areas, that must not be irrigated that year in order to maintain the acceptable Flint River basin stream flows. Upon such determination, the division may conduct an irrigation reduction auction whereby a permittee of an irrigation system located within the affected areas is given an opportunity to enter into an agreement with the division, agreeing that in exchange for a certain sum of money per acre of irrigated land serviced by the irrigation system, the permittee will not irrigate those particular acres for the remainder of that calendar year. The authority shall pay the sum so agreed upon when so directed by the director from the unexpended balance of the drought protection funds. In conducting the

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irrigation reduction auction, the division may establish a maximum dollar amount per acre to be expended from the drought protection funds for such purposes." "(e) The expenditure of funds under this article as an incentive to permittees not to irrigate lands is deemed by the legislature as a valid use of state moneys to promote valid land use policies that result in the protection of the riverine environment by ensuring that such lands not be irrigated for specified periods of time. No expenditure of funds under this article shall be considered full or partial compensation for any losses, financial or otherwise, experienced due to nonirrigation; a lease or repurchase of any irrigation permit issued by the director; or an acknowledgment by the State of Georgia of a property right in any permit issued by the director."

SECTION 5. Said article is further amended by adding new Code sections to read as follows:
"12-5-546.1. (a) The Department of Agriculture and the State Soil and Water Conservation Commission shall coordinate with the division in examining current practices, programs, policies, rules, and regulations to identify opportunities to enhance programming and incentives that will:
(1) Support implementation of the agricultural water efficiency measures in water conservation or management plans prepared in accordance with Code Sections 12-5-31, 12-5-96, and 12-5-522; (2) Support implementation of pilot projects demonstrating the efficacy of emerging innovative irrigation technologies where appropriate and affordable; (3) Identify ways the State Soil and Water Conservation Commission's program for measuring agricultural uses of water as authorized under Code Section 12-5-105 can further enhance efforts to improve agricultural water use efficiency; and (4) Encourage a scheduled program for the voluntary retirement of unused surface-water and ground-water farm use permits in accordance with Code Sections 12-5-31 and 12-5-105. (b) The director may modify all active surface-water and ground-water withdrawal permits for farm use in the affected areas to require all irrigation systems applying water withdrawn pursuant to such permits to achieve irrigation efficiencies of 80 percent or greater by the year 2020. The schedule for achieving the irrigation efficiencies provided in this subsection shall be as follows: (1) Irrigation systems applying water withdrawn pursuant to all active permits issued after 2005 shall achieve a minimum irrigation efficiency of 80 percent by January 1, 2016; (2) Irrigation systems applying water withdrawn pursuant to all active permits issued from 1991 through 2005 shall achieve a minimum irrigation efficiency of 80 percent by January 1, 2018; and

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(3) Irrigation systems applying water withdrawn pursuant to all active permits issued before 1991 shall achieve a minimum irrigation efficiency of 80 percent by January 1, 2020. (c) Notwithstanding subsection (b) of this Code section, the director may modify specified active surface-water and ground-water withdrawal permits for farm use in the affected areas to require all mobile irrigation systems and solid-set irrigation sprinklers operating under such permits to achieve irrigation efficiencies of 60 percent or greater by the year 2020. The schedule for achieving such efficiencies shall be as follows: (1) Irrigation systems applying water withdrawn pursuant to all active permits issued after 2005 shall achieve a minimum irrigation efficiency of 60 percent by January 1, 2016; (2) Irrigation systems applying water withdrawn pursuant to all active permits issued from 1991 through 2005 shall achieve a minimum irrigation efficiency of 60 percent by January 1, 2018; and (3) Irrigation systems applying water withdrawn pursuant to all active permits issued before 1991 shall achieve a minimum irrigation efficiency of 60 percent by January 1, 2020. (d) Notwithstanding the irrigation efficiency rates required in subsection (c) of this Code section or any other provision of this Code section to the contrary, the minimum irrigation efficiency rate for mobile irrigation systems and solid-set irrigation sprinklers applying water withdrawn pursuant to new permits shall be 60 percent. (e) When issuing any permit application for a new surface-water or ground-water withdrawal for farm use in the affected areas, the division shall require that the irrigation system applying water withdrawn pursuant to any such permit has an irrigation efficiency of at least 80 percent. (f) The division shall, in cooperation with other state and federal agencies, universities, the Georgia Water Planning and Policy Center, the Lower Flint-Ochlockonee Regional Water Council, and other appropriate entities, provide to the board for consideration for adoption in its rules requirements pertaining to methods an applicant may utilize to demonstrate that the required irrigation efficiency has been achieved. Requirements shall consider current technologies, best management practices, and the effects of soil type and topography, among other factors deemed necessary. (g) The division shall coordinate with any federal or state agencies offering incentive programs that support the purposes of this article, to identify opportunities to refine and target relevant programs as practicable and to assist permittees with achieving irrigation efficiency requirements.

12-5-546.2. (a) As used in this Code section, 'permittee' means any person holding a valid permit issued pursuant to Code Section 12-5-31 which provides for the withdrawal of surface water from within the affected areas.

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(b) The director shall notify specified permittees downstream of any state funded augmentation project, which shall be operated for the sole purpose of maintaining the minimum stream flows sufficient to protect habitat critical for vulnerable aquatic life within the affected areas. The director may notify specified downstream permittees that, during specified periods of the project's operation for the sole purpose of maintaining such minimum stream flows, the permittee shall let the flow provided by the augmentation project pass his or her point of withdrawal. When specifying those permittees subject to such notification, the director shall also establish, in accordance with the factors that may be considered under paragraph (e) of this Code section, those permittees that shall not be subject to the requirements of this Code section. (c) Such notification shall be provided in accordance with rules promulgated by the board of natural resources, shall be based on the best available science, and shall, at a minimum, inform the permittees that the upstream project is delivering augmented flows for the sole purpose of maintaining the minimum stream flows sufficient to protect habitat critical for vulnerable aquatic life within the affected areas. (d) The director's notification shall contain notice of opportunity for a hearing and shall be served by certified mail, return receipt requested, to the most recent address provided by the permittee. Any permittee to whom such notification is directed shall comply therewith immediately, but shall be afforded a hearing within five business days of the director's receipt of a petition filed by such permittee. Such hearing shall be before an administrative law judge of the Office of State Administrative Hearings and shall be conducted in accordance with subsection (c) of Code Section 12-2-2. Based upon findings adduced at such hearing, the notification shall be modified, reversed, or continued by the director. (e) In preparing such notification, the director may consider:
(1) The best available modeling and monitoring data for relevant locations and stream reaches; (2) The appropriate duration of protection of augmented flows; (3) The distance downstream for which protection of augmented flows is appropriate; (4) The degree to which protection of augmented flows will assist in mitigating the effects of droughts, provide ecological or other environmental benefits, and ensure sustainable, long-term access to water resources for existing and future water users; and (5) Any other data or information the director deems relevant. (f) Nothing in this Code section shall provide authority for the interbasin transfer of any water."

SECTION 6. Said article is further amended by revising Code Section 12-5-549, relating to compliance and violations, as follows:

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"12-5-549. (a) Except as may otherwise be provided in this article, whenever the director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he or she fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order. (b) Except as may otherwise be provided in this article, any order issued by the director under this article shall become final unless the person or persons named therein file with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons. (c) Except as may otherwise be provided in this article, hearings on contested matters and judicial review of final orders and other enforcement actions under this article shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. (d) The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order of the director unappealed from or a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court. (e) For purposes of this Code section, a violation of an agreement entered into in accordance with Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547 shall be prima facie established upon a showing that:
(1) During the effective period of the agreement or order, the irrigation system was observed in person or via remote sensing or otherwise established by representatives of the division or others to have been operating and disbursing water; or (2) During the effective period of the agreement or order, a seal, lock, or other device placed by the division on the system to prevent operation of the system has been broken or otherwise tampered with."

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

Approved April 16, 2014.

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MENTAL HEALTH DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES; POWERS AND DUTIES; ADMINISTRATION OF PROGRAMS; COMMUNITY SERVICE BOARDS.

No. 538 (Senate Bill No. 349).

AN ACT

To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for changes to the powers and duties of the Department of Behavioral Health and Developmental Disabilities; to provide for changes to the administration of mental health, developmental disabilities, addictive diseases, and other disability services; to define a term; to revise provisions pertaining to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions and community service board areas; to provide for the re-creation of community service boards; to change provisions for the community mental health, developmental disabilities, and addictive diseases service boards including re-creation, membership, participation of counties, transfer of powers and duties, alternate method of establishment, bylaws, and reprisals; to change certain provisions relating to a community service board's program director, staff, budget, facilities, and powers and duties; to provide changes to provisions relating to a community service board as a public body, debts, obligations, and liabilities; to provide for revisions to certain redesignation of boundaries of the community service board areas; to provide for revision of the commissioner's emergency powers upon failure of a community service board to establish and administer programs; 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 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Code Section 37-1-20, relating to obligations of the Department of Behavioral Health and Developmental Disabilities, as follows:
"37-1-20. The department shall:
(1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care and treatment; recovery; and social, employment, housing, and community supports and services based on single

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or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision; (3) Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4) Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being; (5) Have authority to contract, including performance based contracts which may include financial incentives or consequences based on the results achieved by a contractor as measured by output, quality, or outcome measures, for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services and choice of providers for consumers and to comply with the applicable federal laws and rules and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (6) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (7) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery; (8) Assign specific responsibility to one or more units of the department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (9) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community; (10) Make and administer budget allocations to regional offices established by the board pursuant to Code Section 37-2-4.1 to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (11) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems;

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(12) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (13) Disseminate information about available services and the facilities through which such services may be obtained; (14) Supervise the regional office's exercise of its responsibility and authority concerning funding and delivery of disability services; (15) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (16) Supervise the administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the department and the regional offices; (17) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the department; (18) Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department. As used in this Code section, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; (19) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements; (20) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected;

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(21) With respect to housing opportunities for persons with mental illness and co-occurring disorders:
(A) Coordinate the department's programs and services with other state agencies and housing providers; (B) Facilitate partnerships with local communities; (C) Educate the public on the need for supportive housing; (D) Collect information on the need for supportive housing and monitor the benefit of such housing; and (E) Identify and determine best practices for the provision of services connected to housing; (22) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; (23) Assign specific responsibility to one or more units of the department for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs; (24) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; and (25) Establish policies and procedures governing fiscal standards and practices of community service boards and their respective governing boards."

SECTION 2. Said title is further amended by revising Code Section 37-2-2, relating to definitions relative to administration of mental health, developmental disabilities, addictive diseases, and other disability services, as follows:
"37-2-2. As used in this chapter, the term:
(1) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (2) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the department pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (3) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services. (4) 'Council' means the Behavioral Health Coordinating Council established pursuant to Code Section 37-2-4.

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(5) 'Governing board' means the governing board of a community service board established pursuant to subsection (b) of Code Section 37-2-6. (6) 'Health services' means any education or service provided by the department, the Department of Public Health, or the Department of Human Services, either directly or by contract. (7) 'Hospital' means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community."

SECTION 3. Said title is further amended by revising Code Section 37-2-3, relating to designation of boundaries for mental health, development disabilities, and addictive diseases regions, and community service board areas, as follows:
"37-2-3. (a) The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases regions and may modify the boundaries of such regions from time to time as deemed necessary by the board. (b) The department, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment of community service boards within this state for the purpose of delivering disability services. The department shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The department, with the approval of the commissioner, is authorized to redesignate two or more community service board areas as a single community service board area. Two or more community service boards may request that the department, with the approval of the commissioner, merge the community service board areas served by such boards into a single community service board area. If the department, with the approval of the commissioner, authorizes the redesignation or merging of community services board areas pursuant to this paragraph, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area. (c) To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit. In dividing the state into areas, the board and the department shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social

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relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services."

SECTION 4. Said title is further amended by revising Code Section 37-2-6, relating to community mental health, developmental disabilities, and addictive diseases service boards creation, membership, participation of counties, transfer of powers and duties, alternate method of establishment, bylaws, and reprisals prohibited, as follows:
"37-2-6. (a) Community service boards in existence on June 30, 2014, are re-created effective July 1, 2014, to provide mental health, developmental disabilities, and addictive diseases services. Such community service boards may enroll and contract with the department, the Department of Human Services, the Department of Public Health, or the Department of Community Health to become a provider of mental health, developmental disabilities, and addictive diseases services or health, recovery, housing, or other supportive services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, that the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained. (b) The governing board of each community service board shall consist of members appointed by the governing authorities of the counties within the community service board area. Membership on such governing board shall be determined as follows:
(1)(A) The governing authority of each county within the community service board area:
(i) With a population of 50,000 or less according to the most recent United States decennial census shall appoint one member to such governing board; and (ii) With a population of more than 50,000 according to the most recent United States decennial census shall appoint one member for each population increment of 50,000 or any portion thereof; or (B) In the event that the number of governing board member positions established in accordance with subparagraph (A) of this paragraph would exceed nine, the membership of such governing board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly:

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(i) For community service boards whose community service board area contains nine or fewer counties, the membership of the board shall be set at nine members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all nine members of the governing board of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and (ii) For community service boards whose community service board area contains more than nine counties, one member of the governing board of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the governing board is equal to the number of counties in the community service board area. The county governing authority shall appoint as at least one of its appointments a consumer of disability services; a psychiatrist, a psychologist, or other behavioral health or development disabilities professional; a law enforcement officer; a family member of a consumer; an advocate for disability services; a parent of a child with mental illness or addictive disease; or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (2) In addition to the members appointed pursuant to paragraph (1) of this subsection, the governing board of each community service board may appoint one additional member in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area. The bylaws of the community service board shall address the establishment of the additional governing board membership position, if established, and the purpose or purposes for which such position is created. The term of office of such additional member shall be the same as that of other members of the governing board of the community service board as provided in subsection (h) of this Code section; (3) In addition to the members appointed pursuant to paragraphs (1) and (2) of this subsection, each governing board of a community service board shall have additional members who shall serve on such governing board while concurrently holding elective or appointive office and who shall be appointed by a county governing authority as follows: (A) The number of elected or appointed officials serving on the governing board of a community service board shall be equal to one-third, defined herein as 33 percent or 0.33, of the number of the members of such board appointed in accordance with paragraph (1) of this subsection. In the event the calculation of such percentage yields

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a whole number and a fraction of a whole number, then the number of members to be appointed shall be equal to the nearest whole number; however, a fraction equal to 50 percent or greater shall be rounded to the next highest whole number; (B) The governing authority of each county in the community service board area making the largest cash or in-kind financial contribution in descending order to the community service board in the county fiscal year immediately prior to the time of such appointment shall make one appointment of an elected or appointed official to the community service board until the number of such appointments required by this paragraph is reached. For community service boards whose community service board areas contains fewer counties than the number of appointments made pursuant to this paragraph, the membership appointments of elected or appointed officials to the governing board shall be made in the descending order prescribed in this paragraph and this method shall be repeated until all members who hold elective or appointive office are appointed to the governing board of the community service board. In the event that the number of such county governing authorities making a cash or in-kind financial contribution to the community service board does not result in the number of appointments required by this paragraph, the remaining appointment or appointments shall be made by the governing authority or authorities of the county or counties in the community service board area with the largest population in descending order according to the most recent United States decennial census until the number of appointments required by this paragraph is reached. For community service boards whose community service board area contains three or fewer counties, the membership appointments of elected or appointed officials to the governing board shall be made in the descending order prescribed in this paragraph and this method shall be repeated until all members who hold elective or appointive office are appointed to the governing board of the community service board. In the event there is no county in the community service board area where the governing authority made a cash or in-kind financial contribution to the community service board in the county fiscal year immediately prior to the time of such appointment, the appointments required by this paragraph shall be made by the governing authority or authorities of the county or counties in the community service board area with the largest population in descending order according to the most recent United States decennial census until the number of appointments required by this paragraph is reached; (C) As used in this paragraph, the term 'elective or appointive office' or 'elected or appointed official' means:
(i) The elected chief executive officer, by whatever name called, of the county governing authority making the appointment to the governing board of the community service board; (ii) An elected member of such county governing authority; (iii) The county manager of such county governing authority where such position exists as defined in Code Section 36-5-22;

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(iv) The sheriff of such county; (v) The elected chief executive officer, by whatever named called, an elected member of the governing authority, or an appointed city manager of any municipality lying wholly or partially within such county; (vi) A member of the board of education of such county or a member of the governing board of any municipal school system lying wholly or partially within such county; (vii) The school superintendent of such county or the superintendent of any municipal school system lying wholly or partially within such county; (vii) The appointed public safety commissioner, police chief, or fire chief of such county or any municipality lying wholly or partially within such county; or (ix) Any other elected official from within such county; (D) No member of the governing board of the community service board appointed pursuant to this paragraph shall continue to serve on the governing board if such member no longer holds the elective or appointive office which made him or her eligible for appointment to such board. The term of office of an elected official appointed to serve as a member of the governing board of a community service board shall be the same as such official's elective term of office. The term of office of an appointed official appointed to serve as a member of such governing board shall be the same as that of other members of such governing board; and (E) As used in this paragraph, the term 'in-kind financial contribution' means the most current dollar value of any physical facilities or buildings and equipment, including vehicles, of all kinds provided at no cost by the county governing authority for use by the community service board. (4) Each community service board in existence on June 30, 2014, shall reconstitute the membership of its governing board in accordance with the provisions of paragraphs (2) and (3) of this subsection, effective July 1, 2014. A community service board which increases or reduces the number of its members of its governing board in accordance with paragraphs (2) and (3) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of members of its governing board shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of governing board members whose terms expire on or before June 30, 2014; provided, however, that members serving on the governing board of a community service board whose terms do not expire on or before June 30, 2014, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a governing board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (2) and (3) may be filled on July 1, 2014, and the governing authority of a county that is otherwise authorized to appoint such additional member or members to the governing board of a

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community service board may do so no sooner than May 1, 2014, but any person so appointed shall not take office until July 1, 2014. If a position on such governing board of the community service board is not filled on July 1, 2014, a vacancy in that position shall be deemed to have occurred on that date. A governing board of the community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; (5)(A) A person shall not be eligible to be appointed to or serve on a governing board of a community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the department to provide mental health, developmental disabilities, and addictive diseases services within the community service board area served by that community service board; (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board; or (iv) A former employee of that community service board until a period of at least two years has passed since the time such person was employed by that community service board. (B) A person shall not be eligible to be appointed to or serve on a governing board of a community service board if such person's spouse, parent, child, or sibling is a member of that governing board or a member, employee, or board member specified in this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a governing board of a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the governing board of a community service board, and no person who has served a full term or more on a regional planning board may be appointed to the governing board of a community service board until a period of at least two years has passed since the time such person has served on the regional planning board; and (6) A governing board of a community service board created in accordance with this subsection shall reconstitute its governing board membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint a member of the county board of health to serve on the governing board of the community service board provided that such person meets the qualifications of paragraph (1) or (2) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human

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Resources (now known as the Department of Behavioral Health and Developmental Disabilities for these purposes) or an employee of a county board of health shall not serve on a governing board of a community service board. For terms of office which begin July 1, 2009, or later, an employee of the department, the Department of Human Services, the Department of Public Health, or the Department of Community Health or a board member of the respective boards of each department shall not serve on a governing board of a community service board. (c) In making appointments to the governing board of a community service board, the county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is represented on the governing board of the community service board, and in making such appointments the county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups. For the purposes of this subsection, the term 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services and are exempted as a charitable organization from federal income tax pursuant to Section 501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services or health services. (c.1) A county governing authority in making appointments to the governing board of a community service board shall take into consideration that at least one member of the governing board of a community service board is an individual who is trained or certified in finance or accounting; provided, however, that if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county in which the governing authority of the county is authorized to appoint members to the governing board of the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on June 30, 2014, shall continue to exist along with the new powers granted to the community service boards effective July 1, 2014. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if:
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the former Division of Mental Health,

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Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopted a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submitted a copy of such resolution to the former division before July 1, 1993; or
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submitted a written agreement to the former division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement was submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopted a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submitted a copy of that resolution to the former division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least

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until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) The governing board of each community service board shall adopt bylaws and operational policies and guidelines in conformity with the provisions of this chapter. Those bylaws shall address governing board appointment procedures, initial terms of governing board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute no less than 50 percent of the governing board members appointed pursuant to paragraphs (1) and (2) of subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups. A quorum for the transaction of any business and for the exercise of any power or function of the governing board of the community service board shall consist of a majority of the total number of filled governing board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each member of the governing board of a community service board shall be three years. Vacancies on such governing board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the governing board members holding membership pursuant to paragraphs (1) and (2) of subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests. (i) The governing board of each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of seven and no more than nine members, not including any additional members appointed pursuant to paragraphs (2) and (3) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No governing board member, officer, or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the community service board, to the governing board of the community service board, to a member of the General Assembly, or to the department unless the

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complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a governing board of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (6) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the governing board of the community service board. (l) A member of a governing board of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the governing board of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a governing board of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section, or upon such other reasonable condition as the community service board may impose under its bylaws. (n) Each member of the governing board of a community service board shall comply with the code of ethics for members of boards, commissions, and authorities as set forth in Code Section 45-10-3. A governing board member who fails to comply with such code may be subject to removal from office by the remaining members of the governing board of the community service board or by the commissioner as authorized in Code Section 37-2-10. The governing board of the community service board shall revise the bylaws of the community service board adopted in accordance with subsection (h) of this Code section to reflect the requirements of this subsection. (o) A member of the governing board of a community service board shall have a fiduciary responsibility to avoid any conflict of interest in a manner that is consistent with the declarations found in Code Section 45-10-2. When such governing board is to decide an issue about which a member has an unavoidable conflict of interest, such member shall absent herself or himself from not only the vote, but also from any deliberation on such issue. Members of the governing board of a community service board shall not use their positions to obtain employment with or contracts from the community service board, its funding sources, or its suppliers of goods and services for themselves, family members, or close associates. Should such member desire such employment, such member shall first resign. No person who has served as a member of the governing board of a community service board may be employed by that community service board, either directly or by

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contract, until a period of at least two years has passed since the time such person served as a member of the governing board of that community service board. A governing board member or a member of the governing board member's family may obtain disability or health services from the community service board in the ordinary course of the community service board's provision of such disability or health services on the same terms and under the same conditions applicable to any member of the public. An individual governing board member shall not exercise individual authority over the community service board's operations, affairs, property, or personnel, except when such member's action is explicitly permitted by action of the governing board of the community service board by policy or by resolution. The governing board of the community service board shall revise the bylaws of the community service board adopted in accordance with subsection (h) of this Code section to reflect the requirements of this subsection. (p) A member of a governing board of a community service board may not enter upon the duties of office until such member takes the following oath of office:
STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the governing board of the _____________________ Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state.

______________________ Signature of member of the governing board of the _____________________ Community Service Board

Sworn and subscribed before me this ______ day of ______________, ____.

_____________________ Typed name of member of the governing board of the ____________________ Community Service Board

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SECTION 5. Said title is further amended by revising Code Section 37-2-6.1, relating to community service boards program director, staff, budget facilities, powers and duties, and exemption from state and local taxation, as follows:
"37-2-6.1. (a) Each governing board of each community service board shall employ an executive director to serve as its chief executive officer and shall prescribe the duties thereof. The selection of the executive director and all terms of compensation shall be set by the governing board of each community service board and shall be subject to review and approval by the commissioner prior to any offer of employment or at any point thereafter where the terms of compensation are proposed to be substantially altered. Such contracts shall be reviewed by the commissioner every five years. Further, the commissioner shall be required to review and approve the selection of the executive director of each community service board for adherence to minimum qualifications for the position as prescribed by the department. The executive director shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board pursuant to this subsection and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability and health services. Notwithstanding any other provision of law to the contrary, the governing board of the community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the governing board of the community service board.
(1) The executive director or any full-time or part-time employee of a community service board shall have a responsibility to avoid any conflict of interest in a manner that is consistent with the declarations found in Code Section 45-10-2. Such employees shall not transact any business with that community service board as prohibited in Code Section 45-10-23 unless any such transaction falls under the exceptions granted in Code Section 45-10-25. Transactions that fall under such exceptions shall be disclosed to the governing board of the community service board in the manner as such governing board shall determine and yearly to the Georgia Government Transparency and Campaign Finance Commission as prescribed in Code Section 45-10-26. The governing board of the community service board shall promulgate policies and procedures governing executive director and employee conflicts of interest and establish a code of ethics for the executive director and employees of the community service board. (b) Each governing board of a community service board or each community service board, under the jurisdiction of its governing board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection as follows:

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(1) Each governing board of a community service board shall adopt bylaws for the conduct of its affairs and the affairs of their respective community service boards; provided, however, that the governing board of a community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each governing board of a community service board shall be required to review and approve the annual budget of the community service board and shall be required to establish the general policies related to such budget to be followed by the community service board; (3) Each community service board shall provide an adequate range of disability services as prescribed by the department; (4) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (5) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (6) Each community service board may contract to utilize the services of the Department of Administrative Services, the state auditor, or any other agency of state, local, or federal government; (7) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (8) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (9) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, that each community service board shall comply with the provisions of Chapter 20 of Title 45, for so long as and to the extent that each employee of such

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board remains subject to the rules and regulations of the State Personnel Board or as otherwise provided by law; (10) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services or of health services; (11) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the department, Department of Human Services, Department of Public Health, or Department of Community Health, as appropriate; provided, however, that all fees collected shall be used solely in accordance with the statutory nonprofit and public purposes of community service boards as prescribed in Article 1 of Chapter 2 of Title 37; (12) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services; (13) Each member of the governing board of a community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, that such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (14) Each governing board of a community service board shall elect a chairperson and vice chairperson from among its membership. The governing board members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No governing board member shall hold more than one office of the governing board of a community service board; except that the same person may serve as secretary and treasurer. The bylaws of the governing board of a community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (15) Each community service board may have a seal and alter it; (16) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services, in accordance with the terms of contracts entered into with the department, Department of Human Services, Department of Public Health, or Department of Community Health, as appropriate; (17) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability,

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or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (18) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (19) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services or of health services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services or of health services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board shall not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services or health services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board.

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(g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (15) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board and any entity created or formed by such community service board pursuant to subsection (j) of this Code section shall keep books of account reflecting all funds received, expended, and administered by the community service board in accordance with generally accepted accounting principles. The community service board and an entity created or formed by such community service board, if any, pursuant to subsection (j) of this Code section shall assure the inclusion in its annual audit any information or procedures required by the department. The community service board and an entity created or formed by such community service board, if any, pursuant to subsection (j) of this Code section shall rotate audit firms at least once every five years. Copies of the annual audit and all findings shall be submitted to the department and the governing board of the community service board, or in the case of an entity created or formed by the community service board, if any, to the governing board of the community service board, the governing board of such entity, and the department within 60 days of completion of the audit. (j) Subject to the approval of the commissioner and the governing board of the community service board, a community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. The provisions of this subsection relating to the approval of the commissioner to the contrary notwithstanding, nothing in this subsection shall prohibit a community service board from creating, forming, or becoming a member of a national, regional, or state trade association or business league as defined for tax exempt purposes by the United States Internal Revenue Service for the benefit of member community service boards and similar organizations.

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(k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability or health service professionals, and other providers of disability services or health services to arrange for the provision of disability services or health services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services or health services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability or health services related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care, disability services, or health services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care, disability service, or health service."

SECTION 6. Said title is further amended by revising Code Section 37-2-6.3, relating to the public body, debts, obligations, and liabilities, as follows:
"37-2-6.3. (a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation. (c) The governing board of a community service board as well as the community service board itself shall be prohibited from bringing any action against the state. (d) Debts, obligations, and liabilities of a community service board are not debts, obligations, or liabilities of the state or of the counties in which such board operates. A

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community service board is prohibited from entering into debts, obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county."

SECTION 7. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 37-2-6.5, relating to cessation of operations by community service board, notification, and continuation of operations by successor board, county board of health, or outside manager, as follows:
"(2) The department, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of a community service board area served by another community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the community service board serving such area may assume responsibility for the provision of disability services within such counties;"

SECTION 8. Said title is further amended by revising Code Section 37-2-10, relating to the commissioner's emergency powers upon failure of a community service board to establish and administer programs, as follows:
"37-2-10. (a) Notwithstanding any other provisions of the law, the commissioner with the concurrence of the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards or their respective governing boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the department or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a governing board of a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the commissioner, with concurrence of the Governor, may:
(1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; the community service board employees shall become employees of the department; and the governing board of the community service board shall be dissolved; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or

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programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the governing board of the community service board and the employees for such programs shall remain community service board employees. (c)(1) Notwithstanding any other provisions of the law, the commissioner with the concurrence of the Governor is authorized to appoint a manager or management team to manage and operate the programs and services of the community service board if the commissioner finds that the community service board:
(A) Provides notice pursuant to Code Section 37-2-6.5 that the community service board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department; or (I) No longer has the fiscal ability to continue to provide contracted services and, without the intervention of the department, continued provision of disability services or health services to consumers in the service area is in immediate jeopardy. (2) In order to carry out the provisions of paragraph (1) of this subsection, the commissioner shall give written notice to the governing board of the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The governing board of the community service board shall be immediately suspended upon the appointment of a manager or management team by the commissioner. The commissioner may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the commissioner, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team;

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(E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the executive director, chief financial officer, or any other administrative or program manager, employee, or agent to take an action; (G) Exercise a power, duty, authority, or function of the community service board or its governing board as authorized by this chapter; (H) Recommend to the commissioner the removal of a member or members of the governing board of the community service board or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the commissioner may remove such member or executive director from office. If the commissioner removes a member or members of the governing board of the community service board pursuant to this subparagraph, the member or members so removed shall be replaced pursuant to Code Section 37-2-6; and (I) Report at least monthly to the commissioner on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) A manager or management team appoint pursuant to this subsection shall be free from all liability, joint or several, for the manager or management team's acts, omissions, and conduct and for the acts, omissions, and conduct of their duly constituted agents in the administration of the community service board or its programs. The state shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions, and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct. (6) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the governing board of the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (7) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board."

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

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

Approved April 16, 2014.

__________

EDUCATION MEDICAL SCHOLARSHIPS AND LOANS; CONDITIONS AND REPAYMENT.

No. 539 (House Bill No. 998).

AN ACT

To amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to revise provisions relating to medical scholarships and loans; to revise provisions relating to the areas to be served as a condition of receiving a scholarship or loan; to revise provisions relating to immediate liability for repayment; to repeal a population act provision; to revise legislative purpose; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, is amended by revising Code Section 20-3-512, relating to powers of the Georgia Board for Physician Workforce as to medical student loans and scholarships, as follows:
"20-3-512. (a) It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans made to or scholarships given to students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in an accredited medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for

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licensure by the Georgia Composite Medical Board. The purpose of such loans shall be to enable such applicants to obtain a standard medical education from a medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education or the Bureau of Professional Education of the American Osteopathic Association which will qualify them to become licensed to practice medicine in the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character, and qualifications of each applicant and determine the applicant's fitness to become the recipient of such loan or scholarship, and for such purpose the board may propound such examination to each applicant which it deems proper. The board may also prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this part. The investigation of the applicant shall include an investigation of the ability of the applicant, and of the parents of such applicant, to pay his or her own tuition at such medical school, and the board in granting such loans and scholarships shall give preference to qualified applicants who, and whose parents, are unable to pay the applicant's tuition at such a medical school. (b) The board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same a loan or scholarship on a one-year renewable basis for the purpose of acquiring a medical education from a medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education or the Bureau of Professional Education of the American Osteopathic Association, upon such terms and conditions as in the judgment of the board may be necessary or desirable. The board is authorized to consider, among other criteria, the home area of the student and the likelihood, if determinable, that the student will practice medicine in an area of this state which may entitle the student to repay the loan through services rendered as provided in this part."

SECTION 2. Said part is further amended by repealing and reenacting Code Section 20-3-513, relating to determination of amount by board, terms and conditions, and repayment in services, as follows:
"20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the board to defray the tuition and other expenses of the applicant in an accredited medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Georgia Composite Medical Board. The loans and scholarships shall be paid in such manner as the Georgia Board for Physician Workforce shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by such college or school with the balance being paid directly to the applicant; all of which

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shall be under such terms and conditions as may be provided under rules and regulations of the board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in an area of this state which is rural and underserved by primary care physicians as determined by the board, in a regional area of this state composed of rural counties where an unmet need for certain primary care and other critical need specialty physicians exists as determined by the board and approved by the commissioners of community health and public health, or at any hospital or facility operated by or under the jurisdiction of the Department of Public Health, the Department of Behavioral Health and Developmental Disabilities, the Department of Corrections, or the Department of Juvenile Justice. For each year of practicing his or her profession in such board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount."

SECTION 3. Said part is further amended by revising Code Section 20-3-514, relating to contract provisions for loan or scholarship, as follows:
"20-3-514. (a) Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan or scholarship is granted, including such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairperson of the board, countersigned by the executive director of the board, and shall be signed by the applicant. For the purposes of this part, the disabilities of minority of all applicants granted loans or scholarships pursuant to this part are removed, and such applicants are declared to be of full lawful age for the purpose of entering into the contract provided for in this Code section; and such contract so executed by an applicant is declared to be a valid and binding contract the same as though such applicant were of the full age of majority. The board is vested with full and complete authority to bring an action in its own name against any applicant for any balance due the board on any such contract. (b) An applicant who has entered into a loan or scholarship contract with the board and who:
(1) Is dismissed for either academic or disciplinary reasons from the college or school of medicine he or she is attending; (2) Voluntarily terminates his or her training and education in such institution for any reason prior to completion of training; or (3) Is unable to obtain licensure from the Georgia Composite Medical Board to practice medicine

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shall be immediately liable to the board for all sums advanced with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full; provided, however, that the board may consent or agree to a lesser measure of damages for compelling reasons as determined by the board. The board is authorized to increase annually such rate of interest due on loans granted to new recipients; provided, however, that the increased rate of interest shall not exceed by more than 2 percent the prime rate published by the Board of Governors of the Federal Reserve System and in effect at the time of the increase. (c) An applicant who has entered into a loan or scholarship contract with the board and who breaches such contract by either failing to begin or failing to complete his or her service obligation under such loan or scholarship contract or who fails to obtain licensure from the Georgia Composite Medical Board to practice medicine shall be immediately liable to the board for three times the total uncredited amount of all such scholarship or loan payments paid to the applicant, such uncredited sums to be prorated on a monthly basis respecting the applicant's actual service and total service obligation. The board may consent or agree to a lesser measure of damages for compelling reasons as determined by the board. (d) The board shall have the authority to cancel the loan or scholarship contract of any applicant at any time for any cause deemed sufficient by the board, provided that such authority may not be arbitrarily or unreasonably exercised. Upon such cancellation by the board, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the board in cash with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full. The board is authorized to increase annually such rate of interest, subject to the limitations set forth in subsection (b) of this Code section."

SECTION 4. Said part is further amended by revising Code Section 20-3-518, relating to legislative purpose, as follows:
"20-3-518. It is the purpose and intent of this part to bring about an adequate supply of persons licensed to practice medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia with scholarships awarded by the board pursuant to this part attending the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession in rural and underserved areas, thus affording adequate medical care to the people of Georgia."

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

Approved April 16, 2014.

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HEALTH ESTABLISH MATERNAL MORTALITY REVIEW COMMITTEE.

No. 540 (Senate Bill No. 273).

AN ACT

To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, so as to require the Department of Public Health to establish the Maternal Mortality Review Committee to review maternal deaths; to provide for legislative findings; to provide for data; to provide for confidentiality; to provide for limited liability; to provide for reports; 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 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, is amended by adding a new Code section to read as follows:
"31-2A-16. (a) The General Assembly finds that:
(1) Georgia currently ranks fiftieth in maternal deaths in the United States; (2) Maternal deaths are a serious public health concern and have a tremendous family and societal impact; (3) Maternal deaths are significantly underestimated and inadequately documented, preventing efforts to identify and reduce or eliminate the causes of death; (4) No processes exist in this state for the confidential identification, investigation, or dissemination of findings regarding maternal deaths; (5) The federal Centers for Disease Control and Prevention has determined that maternal deaths should be investigated through state based maternal mortality reviews in order to institute the systemic changes needed to decrease maternal mortality; and (6) There is a need to establish a program to review maternal deaths and to develop strategies for the prevention of maternal deaths in Georgia.

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(b) The Department of Public Health shall establish a Maternal Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths. The committee shall be multidisciplinary and composed of members as deemed appropriate by the department. The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this Code section. (c) The committee shall:
(1) Identify maternal death cases; (2) Review medical records and other relevant data; (3) Contact family members and other affected or involved persons to collect additional relevant data; (4) Consult with relevant experts to evaluate the records and data; (5) Make determinations regarding the preventability of maternal deaths; (6) Develop recommendations for the prevention of maternal deaths; and (7) Disseminate findings and recommendations to policy makers, health care providers, health care facilities, and the general public. (d)(1) Health care providers licensed pursuant to Title 43, health care facilities licensed pursuant to Chapter 7 of Title 31, and pharmacies licensed pursuant to Chapter 4 of Title 26 shall provide reasonable access to the committee to all relevant medical records associated with a case under review by the committee. (2) A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this Code section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing such records. (e)(1) Information, records, reports, statements, notes, memoranda, or other data collected pursuant to this Code section shall not be admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. Such information, records, reports, statements, notes, memoranda, or other data shall not be exhibited nor their contents disclosed in any way, in whole or in part, by any officer or representative of the department or any other person, except as may be necessary for the purpose of furthering the review of the committee of the case to which they relate. No person participating in such review shall disclose, in any manner, the information so obtained except in strict conformity with such review project. (2) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department pursuant to this Code section shall be confidential.

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(f)(1) All proceedings and activities of the committee under this Code section, opinions of members of such committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this Code section, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this Code section, shall be confidential and shall not be subject to Chapter 14 of Title 50, relating to open meetings, or Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; provided, however, that nothing in this Code section shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings. (2) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee; provided, however, that nothing in this Code section shall be construed to prevent a member of the committee from testifying to information obtained independently of the committee or which is public information. (g) Reports of aggregated nonindividually identifiable data shall be compiled on a routine basis for distribution in an effort to further study the causes and problems associated with maternal deaths. Reports shall be distributed to the General Assembly, health care providers and facilities, key government agencies, and others necessary to reduce the maternal death rate."

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

Approved April 16, 2014.

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EVIDENCE PRIVILEGED COMMUNICATIONS BETWEEN LAW ENFORCEMENT OFFICERS AND PEER COUNSELORS.

No. 542 (House Bill No. 872).

AN ACT

To amend Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to create a privileged communication between law enforcement officers and

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peer counselors under certain circumstances; to provide for definitions; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to privileges, is amended by adding a new Code section to read as follows:
"24-5-510. (a) As used in this Code section, the term:
(1) 'Client' means a law enforcement employee or a law enforcement officer's immediate family. (2) 'Immediate family' means the spouse, child, stepchild, parent, or stepparent. (3) 'Peer counselor' means an employee of a law enforcement agency who has received training to provide emotional and moral support to a client and was designated by a sheriff, police chief, or other head of a law enforcement agency to counsel clients. (b) Except as provided in subsection (c) of this Code section, communications between a client and a peer counselor shall be privileged. A peer counselor shall not disclose any such communications made to him or her and shall not be competent or compellable to testify with reference to any such communications in any court. (c) The privilege created by subsection (b) of this Code section shall not apply when: (1) The disclosure is authorized by the client, or if the client is deceased, by his or her executor or administrator, and if an executor or administrator is not appointed, by the client's next of kin; (2) Compelled by court order; (3) The peer counselor was an initial responding officer, witness, or party to an act that is the subject of the counseling; (4) The communication was made when the peer counselor was not performing official duties; or (5) The client is charged with a crime. (d) The privilege created by this Code section shall not be grounds to fail to comply with mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of Title 30, the 'Disabled Adults and Elder Persons Protection Act.'"

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

Approved April 17, 2014.

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EDUCATION WORK BASED LEARNING PROGRAMS.

No. 543 (House Bill No. 766).

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 work based learning programs; to provide for a short title; to provide for legislative findings; to provide for requirements for work based learning programs; to provide for local coordinators; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Work Based Learning Act."

SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-161.2, relating to the Youth Apprenticeship Program, as follows:
"20-2-161.2. (a) The General Assembly finds that it would be beneficial to students, employers, and the economic health of the state to assist in providing highly trained, technologically sophisticated, and career oriented students which will aid in the development of a successful twenty-first century work force. By opening their doors to work based learning opportunities, employers can play an active role in shaping the quality of their future work force, by preparing potential leaders for their company and their community, and by helping shape future curriculum to create an educated work force for their industry as a whole. Work based learning programs can provide students the opportunity to work and learn in a real-world environment and prepare them for future career opportunities. Such work based learning opportunities can be accomplished by developing partnerships between and among the business community, industry, students, parents, school systems, and postsecondary education institutions. (b) Any student aged 16 or over in any public school in this state may enroll in a work based learning program which is offered at that public school and which is approved for secondary credit by the department. Such student shall be granted release time from the public school to work as a student learner for any business or governmental enterprise which is approved by the local work based learning coordinator as a qualified employer

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pursuant to this Code section and work based learning program guidelines established by the department. A student shall receive secondary credit for such work based learning only under the conditions established by the department. The department is authorized to establish work based learning programs and guidelines to assist local school systems in operating such programs and to promulgate such policies, standards, procedures, criteria, and administrative requirements as may be necessary to implement the program by rules and regulations. The work based learning programs established pursuant to this Code section may include, but not be limited to, employability skill development, service learning, cooperative education, internships, and youth apprenticeships. The department shall collaborate with the Department of Labor and the Technical College System of Georgia in developing such policies and procedures. The department's work based learning programs shall include but not be limited to the following:
(1) A detailed training agreement and training plan between employer and student that identifies specific work tasks that will develop workplace competency; (2) A minimum of one unit of credit in a career pathway course related to the work based learning placement; (3) A minimum number of hours of on-the-job training as required in the department's guidelines for awarding secondary credit; (4) On-site evaluation of the student's performance; (5) Training remediation as necessary at the school site; (6) A broad range of skills but shall be focused on skills related to the student's career pathway; (7) Development of materials by the business, industry, and labor community in conjunction with the department to promote the awareness of work based learning opportunities for high school students and encourage recruitment; and (8) Structural linkage between secondary and postsecondary components of the program leading to the awarding of a high school diploma and a postsecondary credential related to the student's career pathway. (c) Local school systems and college and career academies may designate one or more local work based learning coordinators to coordinate and oversee work based learning programs for the school system. (d) Local work based learning coordinators shall complete training programs that are collaboratively designed and delivered by the department and the Technical College System of Georgia. (e) A college and career academy established in accordance with Code Section 20-4-37 which participates in work based learning programs pursuant to this Code section and its charter shall be eligible for any funding or assistance available for the implementation of this Code section. (f) The State Board of Education shall encourage local school systems to work with their industry partners to develop and provide opportunities for industry experience for local

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work based learning coordinators and for teachers and shall provide for professional learning credit for coordinators and teachers who participate in such opportunities."

SECTION 3. Said chapter is further amended by revising subsection (g) of Code Section 20-2-159.5, relating to dual credit courses, as follows:
"(g) Students enrolled in a work based learning program under Code Section 20-2-161.2 may be eligible to earn dual credit upon completing a planned training experience under guidelines developed by the State Board of Education and the State Board of the Technical College System of Georgia provided students meet postsecondary readiness established in reading and writing and mathematics for the particular advanced training program or associate's degree."

SECTION 4. Said chapter is further amended by revising paragraph (5) of subsection (c) of Code Section 20-2-327, relating to recognition of advanced proficiency/honors courses, and counseling and development of individual graduation plans, as follows:
"(5) Include experience based, career oriented learning experiences which may include, but not be limited to, participation in work based learning programs such as internships, apprenticeships, cooperative education, service learning, and employability skill development;"

SECTION 5. Said chapter is further amended by revising paragraph (3) of Code Section 20-2-329, relating to requirements for high schools that receive a reform grant, as follows:
"(3) Provide students in the ninth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and universities, and through work based learning programs and how these programs can lead to a variety of career fields. Local school systems shall provide career awareness and exploratory opportunities such as field trips, speakers, educational and career information centers, job shadowing, and classroom centers to assist students and their parents or guardians, with guidance from school counselors and teacher advisers, in revising, if appropriate, the individual graduation plan developed pursuant to subsection (c) of Code Section 20-2-327;"

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

Approved April 21, 2014.

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GAME AND FISH WATERS OF THE STATE, PARKS, AND WATERCRAFT UPDATE PROVISIONS RELATING TO RULES AND REGULATIONS FOR CRIMINAL VIOLATIONS; REVISE IMPLIED CONSENT WARNING FOR HUNTING UNDER THE INFLUENCE.

No. 544 (House Bill No. 783).

AN ACT

To amend Title 27 and Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to game and fish and to waters of the state, ports, and watercraft, respectively, so as to update provisions relating to rules and regulations used to establish criminal violations; to revise provisions relating to the implied consent warning for hunting under the influence cases; 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 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, 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' means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2014."

SECTION 2. Said title is further amended by revising paragraph (2) of subsection (g) of Code Section 27-3-7, relating to hunting under the influence of alcohol or drugs, as follows:
"(2) At the time a chemical test or tests are requested, the arresting officer shall read to the person the following implied consent warning:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing and you are convicted of hunting while under the influence of alcohol or drugs, your privilege to hunt in this state will be suspended for a period of two years. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and

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the results indicate an alcohol concentration of 0.08 grams or more and if you are subsequently convicted of hunting under the influence of alcohol by having an alcohol concentration of 0.08 grams or more at any time within three hours after hunting from alcohol consumed before such hunting ended, your privilege to hunt in this state will be suspended for a period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'"

SECTION 3. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by revising Code Section 52-7-26, relating to 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' means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2014."

SECTION 4. Said title is further amended by revising subsection (a) of Code Section 52-7-51, relating to penalty for violations relative to display of watercraft information, 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' means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2014."

SECTION 5. This Act shall become effective on May 1, 2014, and shall apply to offenses occurring on or after such date.

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

Approved April 21, 2014.

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GENERAL ASSEMBLY OFFICIAL COMMUNICATIONS PROVIDED IN ELECTRONIC FORMAT.

No. 545 (Senate Bill No. 60).

AN ACT

To amend Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to administrative personnel of the General Assembly, so as to provide that all official communications to officers, members, or employees of the General Assembly be provided in an electronic format; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to administrative personnel of the General Assembly, is amended by adding a new Code section to read as follows:
"28-3-24.2. (a) As used in this Code section, the term 'official written communication' means any report, notice, or other written correspondence required by the Official Code of Georgia Annotated, as now or hereafter amended, to be provided to officers, members, or employees of the General Assembly. (b) It is the policy of the General Assembly that whenever an official written communication is sent to officers, members, or employees of the General Assembly such communication shall be in an electronic format that creates a record that may be retained, retrieved, and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient."

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

Approved April 21, 2014.

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MENTAL HEALTH AUTHORIZE LICENSED PROFESSIONAL COUNSELOR TO PERFORM EMERGENCY EXAMINATIONS
OF MENTALLY ILL OR ALCOHOLIC OR DRUG DEPENDENT PERSONS.

No. 546 (Senate Bill No. 65).

AN ACT

To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to provide for related matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Code Section 37-3-41, relating to emergency admission of a person for involuntary evaluation of mental illness, as follows:
"37-3-41. (a) Any physician within this state may execute a certificate stating that he or she has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, such person appears to be a mentally ill person requiring involuntary treatment. A physician's certificate shall expire seven days after it is executed. Any peace officer, within 72 hours after receiving such certificate, shall make diligent efforts to take into custody the person named in the certificate and to deliver him or her forthwith to the nearest available emergency receiving facility serving the county in which the patient is found, where he or she shall be received for examination. (b) The appropriate court of the county in which a person may be found may issue an order commanding any peace officer to take such person into custody and deliver him or her forthwith for examination, either to the nearest available emergency receiving facility serving the county in which the patient is found, where such person shall be received for examination, or to a physician who has agreed to examine such patient and who will provide, where appropriate, a certificate pursuant to subsection (a) of this Code section to permit delivery of such patient to an emergency receiving facility pursuant to subsection (a) of this Code section. Such order may only be issued if based either upon an unexpired physician's certificate, as provided in subsection (a) of this Code section, or upon the affidavits of at least two persons who attest that, within the preceding 48 hours, they have

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seen the person to be taken into custody and that, based upon observations contained in their affidavit, they have reason to believe such person is a mentally ill person requiring involuntary treatment. The court order shall expire seven days after it is executed. (c) Any peace officer taking into custody and delivering for examination a person, as authorized by subsection (a) or (b) of this Code section, shall execute a written report detailing the circumstances under which such person was taken into custody. The report and either the physician's certificate or court order authorizing such taking into custody shall be made a part of the patient's clinical record. (d) Any psychologist, clinical social worker, licensed professional counselor, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, a licensed professional counselor, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this Code section, the term 'psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist; the term 'clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker; the term 'licensed professional counselor' means any person authorized under the laws of this state to practice as a licensed professional counselor; and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric/mental health."

SECTION 2. Said title is further amended in Code Section 37-7-41, relating to emergency involuntary treatment of an alcoholic, a drug abuser, or a drug dependent individual, by revising subsection (d) and by adding a new subsection to read as follows:
"(d) Any psychologist, clinical social worker, licensed professional counselor, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, a licensed professional counselor, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this Code section, the term 'psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist; the term 'clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker; the term 'licensed professional counselor' means any person authorized under the laws of this state to practice as a licensed professional counselor; and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of

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Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric mental health."

SECTION 2A. This Act shall stand repealed in its entirety on March 15, 2015.

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

Approved April 21, 2014.

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INSURANCE PUBLIC OFFICERS AND EMPLOYEES PROHIBIT COVERAGE OF CERTAIN ABORTIONS THROUGH CERTAIN QUALIFIED HEALTH PLANS AND STATE HEALTH BENEFIT PLAN.

No. 547 (Senate Bill No. 98).

AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide definitions; to prohibit coverage of certain abortions through certain qualified health plans; to provide for certain exceptions; to provide for a right of intervention in certain lawsuits; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to public employees' insurance and benefit plans, so as to change certain provisions relating to expenses not to be covered by the state health benefit plan; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows:
"33-24-59.17. (a) No abortion coverage shall be provided by a qualified health plan offered within the State of Georgia through a state law, a federal law, or regulation or exchange created by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended

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by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and regulations or guidance issued under those acts, except in the case of medical emergency. (b) For the purposes of this Code section, the term 'abortion' has the same meaning as provided in Code Section 31-9A-2. (c) For the purposes of this Code section, the term 'medical emergency' has the same meaning as provided in Code Section 31-9A-2. (d) Nothing in this Code section shall be construed as creating or recognizing a right to an abortion. (e) It is not the intention of this Code section to make lawful an abortion that is currently unlawful."

SECTION 2. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to public employees' insurance and benefit plans, is amended by revising Code Section 45-18-4, relating to expenses not to be covered by the state health benefit plan, as follows:
"45-18-4. The health insurance plan shall not include expenses incurred by or on account of an individual prior to the effective date of the plan; expenses for services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer group plan other than this plan in which the state participates in the cost thereof; expenses for abortion services except to the extent permitted under the state health benefit plan approved by the board as such plan existed on January 1, 2014; and such other expenses as may be excluded by regulations of the board. For purposes of this Code section, the term 'abortion' shall have the same meaning as provided in Code Section 31-9A-2."

SECTION 3. The General Assembly, by joint resolution, may appoint one or more of its members who sponsored or cosponsored this Act in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this Act or any portion thereof is challenged.

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

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

Approved April 21, 2014.

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TORTS DUTY OF LAWFUL POSSESSOR OF LAND TO A TRESPASSER.

No. 548 (Senate Bill No. 125).

AN ACT

To amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, so as to codify the duty of a lawful possessor of land to a trespasser against harm; to provide for legislative findings; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. It is the intent of the General Assembly to codify and preserve Georgia common law regarding the duties owed by possessors of land to trespassers as of January 1, 2014. The General Assembly finds that the provisions of the American Law Institute's Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm, 50-52 (2012), which seek to impose broad new duties on those who own, occupy, or control premises, including the duty to exercise reasonable care to all trespassers, do not reflect the public policy of the State of Georgia. It is also the intent of the General Assembly to preserve the attractive nuisance doctrine and Georgia common law as it relates to the attractive nuisance doctrine.

SECTION 2. Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, is amended by adding a new Code section to read as follows:
"51-3-3. (a) As used in this Code section, the term 'possessor of land' means the landowner, occupant of the land, holder of any easement to the land, or lessee of the land. (b) A lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury.

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(c) Georgia common law as it exists and is applied to the doctrine of attractive nuisance, in effect as of January 1, 2014, shall not be construed to be altered by this Code section. (d) This Code section shall not affect any immunities from or defenses to civil liability to which a lawful possessor of land may be entitled."

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

Approved April 21, 2014.

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PROFESSIONS AND BUSINESSES REVISE DEFINITIONS REGARDING MARRIAGE AND FAMILY THERAPY.

No. 549 (Senate Bill No. 128).

AN ACT

To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to revise definitions relating to marriage and family therapy; 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 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, is amended in Code Section 43-10A-3, relating to definitions, by revising paragraphs (8) and (17) as follows:
"(8) 'Marriage and family therapy' means that specialty which evaluates, diagnoses, and treats emotional and mental problems and conditions, whether cognitive, affective, or behavioral, resolves intrapersonal and interpersonal conflicts, and changes perception, attitudes, and behavior; all within the context of marital and family systems. Marriage and family therapy includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy. Marriage and family therapy involves an applied understanding of the dynamics of marital and family systems, including individual psychodynamics, the use of assessment instruments that evaluate marital and family functioning, designing and recommending a course of treatment, and the use of psychotherapy and counseling."

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"(17) 'The Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the Council for Higher Education Accreditation."

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

Approved April 21, 2014.

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CRIMES AND OFFENSES CONTROLLED SUBSTANCES; DEFINITIONS.

No. 550 (Senate Bill No. 134).

AN ACT

To amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "dispenser"; to revise the definition of "prescriber"; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, is amended by revising paragraphs (10) and (23.1) as follows:
"(10) 'Dispenser' means a person licensed under the laws of this state, or any other state or territory of the United States to dispense or deliver a Schedule II, III, IV, or V controlled substance to the ultimate user in this state but shall not include:
(A) A pharmacy licensed as a hospital pharmacy by the Georgia State Board of Pharmacy pursuant to Code Section 26-4-110; (B) An institutional pharmacy that serves only a health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides patient care and which pharmacy dispenses such substances to be administered and used by a patient on the premises of the facility; (C) A practitioner or other authorized person who administers such a substance; or (D) A pharmacy operated by, on behalf of, or under contract with the Department of Corrections for the sole and exclusive purpose of providing services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention

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center, or other secure correctional institution. This shall include correctional
institutions operated by private entities in this state which house inmates under the Department of Corrections." "(23.1) 'Prescriber' means a physician, dentist, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state, or any other state
or territory of the United States, to prescribe a controlled substance in the course of professional practice or research in this state."

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

Approved April 21, 2014.

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CRIMINAL PROCEDURE VICTIM COMPENSATION; PAYMENT FOR FORENSIC INTERVIEWS.

No. 551 (Senate Bill No. 187).

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for extended time frames for victims of certain crimes to request victim compensation; to clarify terminology used for persons seeking victim compensation; to provide for payment of forensic interviews under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Chapter 15, relating to victim compensation, as follows:

"CHAPTER 15

17-15-1. The General Assembly recognizes that many innocent persons suffer personal physical injury, serious mental or emotional trauma, severe financial hardship, or death as a result of criminal acts or attempted criminal acts. The General Assembly finds and determines that there is a need for assistance for such victims of crimes. Accordingly, it is the General

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Assembly's intent that under certain circumstances, aid, care, and assistance be provided by the state for such victims of crimes.

17-15-2. As used in this chapter, the term:
(1) 'Board' means the Criminal Justice Coordinating Council. (2) 'Claimant' means any person filing a claim pursuant to this chapter. (3) 'Crime' means:
(A) An act which is committed in this state; in a state which does not have a victims' compensation program, if the claimant is a resident of this state; or in a state which has compensated the claimant in an amount less than the claimant would be entitled to pursuant to this chapter, if the claimant is a resident of this state, and which constitutes:
(i) Hit and run in violation of Code Section 40-6-270; (ii) Homicide by vehicle in violation of Code Section 40-6-393; (iii) Serious injury by vehicle in violation of Code Section 40-6-394; (iv) A violation of Code Section 16-5-46; (v) A violation of Chapter 6 of Title 16; (vi) A violation of Part 2 of Article 3 of Chapter 12 of Title 16; (vii) A violation of Code Section 16-5-70; (viii) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; (ix) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (x) Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; (B) An act which constitutes international terrorism as defined in 18 U.S.C. Section 2331 against a resident of this state when such resident was outside the territorial boundaries of the United States when such act was committed; or (C) An act of mass violence involving a resident of this state when such resident was outside the territorial boundaries of the United States when such act was committed. (4) 'Direct service provider' means a public or nonprofit entity which provides aid, care, and assistance. (5) 'Director' means the director of the Criminal Justice Coordinating Council. (6) 'Forensic medical examination' means an examination provided to a person pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2 by trained medical personnel in order to gather evidence. Such examination shall include, but shall not be limited to: (A) An examination for physical trauma; (B) A determination as to the nature and extent of the physical trauma; (C) A patient interview; (D) Collection and evaluation of the evidence collected; and

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(E) Any additional testing deemed necessary by the examiner in order to collect evidence and provide treatment. (7) 'Fund' means the Georgia Crime Victims Emergency Fund. (8) 'Investigator' means an investigator of the board. (9) 'Serious mental or emotional trauma' means a nonphysical injury which has been documented by a licensed mental health professional and which meets the specifications promulgated by the board's rules and regulations relating to this type of trauma.

17-15-3. (a) There is created the Georgia Crime Victims Compensation Board. The Criminal Justice Coordinating Council created under Chapter 6A of Title 35 shall serve as the Georgia Crime Victims Compensation Board. (b) The Governor shall appoint the director of the Criminal Justice Coordinating Council to carry out the provisions of this chapter.

17-15-4. (a) The board shall have the following powers and duties:
(1) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter; (2) To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, district attorneys, solicitors-general, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim compensation and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed in this paragraph is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records shall not apply to a request of the board pursuant to this Code section; provided, however, that the board shall preserve the confidentiality of any such records received; (3) To hear and determine all appeals of denied claims for awards filed with the board pursuant to this chapter and to reinvestigate or reopen cases as the board deems necessary, including circumstances when it appears a claim may be time barred; (4) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crimes and to receive and administer federal funds for the purposes of this chapter; (5) To render awards to victims of crimes or to those other persons entitled to receive awards in the manner authorized by this chapter. Victim compensation payments may be made directly to direct service providers who are not the recipients of local, state, federal, or private grant funds awarded for purposes of providing direct services to victims of crimes. A victim or claimant may be paid directly in the case of lost wages, loss of support, and instances where the victim or claimant has paid the direct service

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provider and is filing for reimbursement. In all cases where the victim has incurred out-of-pocket expenses, such as lost wages or loss of support, or in cases where the victim or claimant has paid the direct service provider directly and is filing for reimbursement, the victim or claimant shall be paid first before any third party; (6) To carry out programs designed to inform the public of the purposes of this chapter; and (7) To render each year to the Governor and to the General Assembly a written report of its activities pursuant to this chapter. (b) The board shall assist applicants with their claims for compensation through educational programs and administrative assistance.

17-15-5. (a) A claim may be filed by a person eligible to receive an award, as provided in Code Section 17-15-7, or, if such person is a minor, by his or her parent or guardian. In any case in which the person entitled to make a claim is mentally incompetent, the claim may be filed on his or her behalf by his or her guardian. In any case in which the person entitled to make a claim is deceased, the claim may be filed on his or her behalf by an individual authorized to administer his or her estate.
(b)(1) A claim shall be filed by a victim not later than three years after the occurrence of the crime upon which such claim is based or not later than three years after the death of the victim; provided, however, that if such victim was a minor at the time of the commission of the crime, he or she shall have until three years after his or her eighteenth birthday to file such claim; and provided, further, that upon good cause shown, the board may extend the time for filing a claim. (2) Claims shall be filed in the office of the board in person or by mail. (c) The claim shall be verified and shall contain the following: (1) A description of the date, nature, and circumstances of the crime; (2) A complete financial statement, including, but not limited to, the cost of medical care or burial expense, the loss of wages or support the claimant has incurred or will incur, any other emergency expenses incurred by the claimant, and the extent to which the claimant has been or may be indemnified for these expenses from any source; (3) When appropriate, a statement indicating the extent of a victim's disability resulting from the injury or serious mental or emotional trauma incurred; (4) An authorization permitting the board to verify the contents of the application; and (5) Such other information as the board may require.

17-15-6. (a) A claim, once accepted for filing and completed, shall be assigned to an investigator. The investigator shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include, but shall not be limited to, an examination of law enforcement, court, and official records

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and reports concerning the crime and an examination of medical, psychiatric, counseling, financial, and hospital reports relating to the injury, serious mental or emotional trauma, or loss upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime shall be considered together by a single investigator. (b) Claims shall be investigated and determined regardless of whether a perpetrator has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged perpetrator has been acquitted or found not guilty of the crime in question. (c) The investigator conducting the investigation shall file with the director a written report setting forth a recommendation and the investigator's reason therefor. The director shall render a decision and furnish the claimant with a copy of the report if so requested. In cases where an investigative report is provided, information deemed confidential in nature shall be excluded. (d) The claimant may, within 30 days after receipt of the report of the decision of the director, make an application in writing to the director for review of the decision. (e) Upon receipt of an application for review pursuant to subsection (d) of this Code section, the director shall forward all relevant documents and information to the board. The board shall review the records and shall affirm or modify the decision of the director. If considered necessary by the board or if requested by the claimant, the board shall order a hearing prior to rendering a decision. At the hearing, any relevant evidence not legally privileged shall be admissible. The board shall render a decision within 90 days after completion of the investigation. If the director receives no application for review pursuant to subsection (d) of this Code section, the director's decision shall become final. (f) The board, for purposes of this chapter, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute. (g) The director shall, within ten days after receipt of the board's final decision, make a report to the claimant, including a copy of the final decision and the reasons why the decision was made.

17-15-7. (a) Except as otherwise provided in this Code section, the following persons shall be eligible for awards pursuant to this chapter:
(1) A person who: (A) Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime; (B) Suffers a serious mental or emotional trauma as a result of being threatened with a crime which could result in physical injury or death; (C) Suffers a serious mental or emotional trauma as a result of being present during the commission of a crime;

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(D) Suffers a serious mental or emotional trauma as a result of being trafficked for labor servitude or sexual servitude as defined in Code Section 16-5-46; or (E) Is a dependent spouse or child of a person who is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime; (2) For purposes of an award under subsection (k) of Code Section 17-15-8, any member of the immediate family of a victim of homicide by vehicle caused by a violation of Code Section 40-6-391; (3) Any person who goes to the aid of another and suffers physical injury, serious mental or emotional trauma, or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured, traumatized, or killed while aiding or attempting to aid a law enforcement officer in the prevention of a crime or apprehension of a criminal at the officer's request; (4) Any person who is a victim of family violence as defined by Code Section 19-13-1 and anyone who is a victim as a result of a violation of Code Section 40-6-391; or (5) Any person who is not a direct service provider and who assumes the cost of an eligible expense of a victim regardless of such person's relationship to the victim or whether such person is a dependent of the victim. (b)(1) Victims may be legal residents or nonresidents of this state. A surviving spouse, parent, or child who is legally dependent for his or her principal support upon a deceased victim shall be entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviving spouse, parent, or child. (2) Victims of crimes occurring within this state who are subject to federal jurisdiction shall be compensated on the same basis as resident victims of crimes. (c) No award of any kind shall be made under this chapter to a victim injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility. (d) No award of any kind shall be made under this chapter to a victim of a crime which occurred prior to July 1, 1989. (e) A person who is criminally responsible for the crime upon which a claim is based or is an accomplice of such person shall not be eligible to receive an award with respect to such claim; provided, however, that such ineligibility shall not apply if the person is as defined in subparagraph (a)(1)(D) of this Code section. (f) There shall be no denial of compensation to a claimant based on that victim's or claimant's familial relationship with the person who is criminally responsible for the crime. (g) No award of any kind shall be made under this chapter to a victim of a crime for loss of property. (h) A victim or claimant who has been convicted of a felony involving criminally injurious conduct and who is currently serving a sentence therefor shall not be considered eligible

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to receive an award under this chapter. For purposes of this subsection, 'criminally injurious conduct' means a crime which occurs or is attempted in this state that results in physical injury, serious mental or emotional trauma, or death to a victim, which act is punishable by fine, imprisonment, or death. Such term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury, trauma, or death or unless the acts committed were in violation of Code Section 40-6-391. For the purposes of this subsection, a person shall be deemed to have committed criminally injurious conduct notwithstanding that by reason of age, insanity, drunkenness, or other reason, he or she was legally incapable of committing a crime.

17-15-8. (a) No award may be made unless the board or director finds that:
(1) A crime was committed; (2) The crime directly resulted in the victim's physical injury, serious mental or emotional trauma, or financial hardship as a result of the victim's physical injury, serious mental or emotional trauma, or the victim's death; (3) Police records, records of an investigating agency, or records created pursuant to a mandatory reporting requirement show that the crime was promptly reported to the proper authorities. In no case may an award be made where the police records, records of an investigating agency, or records created pursuant to a mandatory reporting requirement show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified and provided, further, that good cause shall be presumed if the person is eligible for awards pursuant to this chapter corresponding to subparagraph (a)(1)(D) of Code Section 17-15-7; and (4) The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such action would not be feasible. (a.1) The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award. (b) Any award made pursuant to this chapter shall be in an amount not exceeding actual expenses, including indebtedness reasonably incurred for medical expenses, loss of wages, funeral expenses, mental health counseling, or support for dependents of a deceased victim necessary as a direct result of the injury or hardship upon which the claim is based. (c)(1) Notwithstanding any other provisions of this chapter, no award made under the provisions of this chapter shall exceed $1,000.00 in the aggregate; provided, however, that with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1994, no award made under the provisions of this chapter payable to a claimant sustaining economic loss because of injury to or death of a victim shall exceed $5,000.00 in the aggregate; provided, further, that with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1995, no award made

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under the provisions of this chapter payable to a claimant sustaining economic loss because of injury to or death of a victim shall exceed $10,000.00 in the aggregate; provided, further, that with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 2002, no award made under the provisions of this chapter payable to a claimant sustaining economic loss because of injury to or death of a victim shall exceed $25,000.00 in the aggregate; provided, further, that with respect to any claim filed with the board for serious mental or emotional trauma, no award shall be made for a crime occurring before July 1, 2009. (2) No award under this chapter for the following losses shall exceed the maximum amount authorized:

Category

Maximum Award

Lost wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000.00

Funeral expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,000.00

Financial hardship or loss of support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000.00

Medical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,000.00

Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,000.00

Crime scene sanitization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,500.00
(d) In determining the amount of an award, the director and board shall determine whether because of his or her conduct the victim contributed to the infliction of his or her injury, serious mental or emotional trauma, or financial hardship, and the director and board may reduce the amount of the award or reject the claim altogether in accordance with such determination. (e) The director and board may reject an application for an award when the claimant has failed to cooperate in the verification of the information contained in the application. (f) Any award made pursuant to this chapter may be reduced by or set off by the amount of any payments received or to be received as a result of the injury, serious mental or emotional trauma:
(1) From or on behalf of the person who committed the crime; and (2) From any other private or public source, including an award of workers' compensation pursuant to the laws of this state, provided that private sources shall not include contributions received from family members or persons or private organizations making charitable donations to a claimant. (g) No award made pursuant to this chapter shall be subject to garnishment, execution, or attachment other than for expenses resulting from the injury or serious mental or emotional trauma which is the basis for the claim.

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(h) An award made pursuant to this chapter shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 48 or, to the extent lawful, under the United States Internal Revenue Code. (i) Notwithstanding any other provisions of this chapter to the contrary, no awards from state funds shall be paid to a claimant for a crime which occurred prior to July 1, 1989. (j) In any case where a crime results in death, the spouse, children, parents, or siblings of such deceased victim may be considered eligible for an award for the cost of psychological counseling which is deemed necessary as a direct result of said criminal incident. The maximum award for said counseling expenses shall not exceed $3,000.00 for each claimant identified in this subsection.
(k)(1) In addition to any other award authorized by this Code section, in any case where a deceased was a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 on any road which is part of the state highway system, upon request of the next of kin of the deceased, an award of compensation in the form of a memorial sign erected by the Department of Transportation as provided by this subsection shall be paid to an eligible claimant. (2) The provisions of paragraph (4) of subsection (a) of this Code section shall not apply for purposes of eligibility for awards made under this subsection, and the value of any award paid to a claimant under this subsection shall not apply toward or be subject to any limitation on award amounts paid to any claimant under other provisions of this Code section. (3) The Department of Transportation, upon receiving payment for the cost of materials and labor from the board, shall upon request of the next of kin of the deceased erect a sign memorializing the deceased on the right of way of such public highway at the location of the accident or as near thereto as safely and reasonably possible and shall maintain such sign for a period of five years from the date the sign is erected unless its earlier removal is requested in writing by the next of kin. Such sign shall be 24 inches wide by 36 inches high and depict a map of the State of Georgia, with a dark blue background and a black outline of the state boundaries. A border of white stars shall be placed on the inside of the state boundaries, and the sign shall contain the words 'In Memory of (name), DUI Victim (date of accident).' (4) In the event of multiple such claims arising out of a single motor vehicle accident, the names of all deceased victims for whom such claims are made and for whom a request has been made by the next of kin of the deceased may be placed on one such sign or, if necessary, on one such sign and a plaque beneath of the same color as the sign. In the event of multiple claims relating to the same deceased victim, no more than one such sign shall be paid for and erected for such victim.

17-15-9. (a) There is created a fund to be known as the Georgia Crime Victims Emergency Fund. The custodian of the fund shall be the board. The director shall administer the fund and

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may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources. The board shall be specifically authorized to contract with any person or organization, public or private, to administer the fund, assume the powers of the director, and carry out the duties of the board relating to the fund.
(b)(1) The fund shall consist of all moneys received pursuant to Article 7 of Chapter 21 of Title 15 from the assessment of additional penalties in cases involving a violation of Code Section 40-6-391 or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40. (2) The funds placed in the fund shall also consist of all moneys appropriated by the General Assembly, if any, for the purpose of compensating claimants under this chapter and money recovered on behalf of the state pursuant to this chapter by subrogation or other action, recovered by court order, received from the federal government, received from additional court costs, received from specific tax proceeds allocated to the fund, received from other assessments or fines, or received from any other public or private source pursuant to this chapter. (c) All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (d) The board shall be authorized, subject to the limitations contained in this chapter, to pay the appropriate compensation to the persons eligible for compensation under this chapter from the proceeds of the fund. (e) After determining that an award should be paid and the method of payment, the board or director, within five days, shall be authorized to draw a warrant or warrants upon the fund to pay the amount of the award from such fund.

17-15-10. Notwithstanding any other provision of this chapter to the contrary, where an award under this chapter has been authorized but there are not sufficient funds in the fund to pay or continue paying the award, then the award or the remaining portion thereof shall not be paid unless and until sufficient funds become available from the fund, and at such time, awards which have not been paid shall begin to be paid in chronological order with the oldest award being paid first. In the event an award was to be paid in installments and some remaining installments have not been paid due to a lack of funds, then when funds due become available, that award shall be paid in full when its appropriate time for payment comes on the chronological list before any other postdated award shall be paid. Any award under this chapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the fund.

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17-15-11. Any person who asserts a false claim under the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor and shall further forfeit any benefit received and shall reimburse and repay the state for payments received or paid on his or her behalf pursuant to any of the provisions of this chapter.

17-15-12. (a) Acceptance of an award made pursuant to this chapter shall subrogate the state, to the extent of such award, to any right or right of action occurring to the claimant to recover payments on account of losses resulting from the crime with respect to which the award is made. The board may waive subrogation when the claimant presents documentation and the board verifies that judgment, settlement, or other sources have not fully reimbursed the claimant for expenses compensable under this chapter. (b) Acceptance of an award made pursuant to this chapter based on damages from a crime shall constitute an agreement on the part of the recipient reasonably to pursue any and all civil remedies arising from any right of action against the person or persons responsible for or committing the crime.

17-15-13. (a) Any award or payment of benefits under this chapter shall create a debt due and owing to the state by any person found in a court of competent jurisdiction of this state to have committed an act resulting in compensation being paid pursuant to this chapter. (b) A court, when placing on probation any person who owes a debt to the state as a consequence of a crime, may set as a condition of probation the payment of the debt or a portion of the debt to the state. The court may also set the schedule or amounts of payments subject to modification based on change of circumstances. (c) The State Board of Pardons and Paroles shall also have the right to make payment of the debt or a portion of the debt to the state a condition of parole. (d) When a child is adjudicated for committing a delinquent act in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the child pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Code Section 15-11-601. (e) Payments authorized or required under this Code section shall be paid into the fund. The board shall coordinate the development of policies and procedures for the State Board of Pardons and Paroles and the Administrative Office of the Courts to assure that restitution programs are administered in an effective manner to increase payments into the fund. (f) In every case where an individual is serving under active probation supervision and paying a supervision fee, $9.00 per month shall be added to any supervision fee collected by any entity authorized to collect such fees and shall be paid into the fund. This

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subsection shall apply to probationers supervised under either Code Section 42-8-20 or 42-8-100. The probation supervising entity shall collect and forward the $9.00 fee to the board by the end of each month.

17-15-14. The board shall be authorized to designate and expend not more than 10 percent of the moneys collected and paid into the fund pursuant to paragraph (1) of subsection (b) of Code Section 17-15-9 and Code Section 17-15-13 to provide funding to victim service providers for the purpose of disseminating materials regarding the availability of the compensation program provided in this chapter and public information purposes regarding the compensation program provided in this chapter.

17-15-15. When a forensic medical examination is conducted, the cost of such forensic medical examination shall be paid for by the fund in an amount not to exceed $1,000.00. The fund shall be responsible for payment of such cost notwithstanding whether the person receiving such forensic medical examination has health insurance or any other source of health care coverage.

17-15-16. (a) When a forensic interview is conducted and when funding is available, the cost of such interview for a person who is less than 18 years of age or developmentally disabled may be paid for by the fund in an amount to be determined by the board. (b) The board shall develop standards, protocols, and guidelines related to reimbursement of forensic interview providers. (c) The board shall establish an annual limit of:
(1) The amount that may be paid from the fund: (2) The amount that may be reimbursed for each interview; and (3) The limit on the number of interviews that will be reimbursable from the fund. (d) Funding may be used only when: (1) The results of the forensic interview will be for identification of the interviewee's needs, including social services, personal advocacy, case management, substance abuse treatment, and mental health services; (2) The forensic interviews are conducted in the context of a multidisciplinary investigation and diagnostic team, or in a specialized setting such as a child advocacy center; and (3) The interviewer is trained to conduct forensic interviews appropriate to the developmental age and abilities of children, or the developmental, cognitive, and physical or communication disabilities presented by adults."

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

Approved April 21, 2014.

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ALCOHOLIC BEVERAGES WINE; MAXIMUM PERCENT BY VOLUME OF ALCOHOL; DEFINITIONS; AUTHORIZE PURCHASE OF CERTAIN PRODUCTS BY WINERIES.

No. 552 (Senate Bill No. 286).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the maximum percent by volume of wine to that which is currently allowed under federal law; to change the definition of certain terms; to authorize wineries to buy and use certain products to manufacture particular types of wine; 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 paragraphs (8), (9), (14), and (24) of Code Section 3-1-2, relating to definitions relative to alcoholic beverages, as follows:
"(8) 'Distilled spirits' means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume. (9) 'Fortified wine' means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy." "(14) 'Manufacturer' means any maker, producer, or bottler of an alcoholic beverage. The term also means:
(A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided, however, that a vintner that blends wine with distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits; (B) In the case of malt beverages, any brewer; and

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(C) In the case of wine, any vintner." "(24) 'Wine' means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section."

SECTION 2.
Said title is further amended by revising paragraph (1) of Code Section 3-6-1, relating to
definitions relative to wine, as follows: "(1) 'Dessert wine' means a wine having an alcoholic strength of more than 14 percent alcohol by volume but not more than 24 percent alcohol by volume."

SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"3-6-21.5. A winery may purchase distilled spirits directly from a manufacturer of distilled spirits and blend with wine manufactured by the winery to produce fortified wine. Such distilled spirits shall not be used by the winery for any other purpose or used to create any other type of alcoholic beverage or product."

SECTION 4. Said title is further amended by revising Code Section 3-6-25, relating to wine acquired from anyone other than a wholesale dealer authorized to do business declared contraband, as follows:
"3-6-25. Except as provided in Code Sections 3-6-21.1 through 3-6-21.3 and Code Section 3-6-21.5, wine possessed, sold, or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter is declared to be contraband and shall be seized and disposed of by the commissioner in the manner provided in this title."

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

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

Approved April 21, 2014.

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EDUCATION HIGH SCHOOL CANNOT PARTICIPATE IN INTERSCHOLASTIC SPORTING EVENTS CONDUCTED BY ATHLETIC ASSOCIATION WHICH DOES NOT RELEASE ANNUAL FINANCIAL REPORTS; CREATION OF HIGH SCHOOL ATHLETICS OVERVIEW COMMITTEE.

No. 553 (Senate Bill No. 288).

AN ACT

To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the association releases annual financial reports; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-316.2. (a) As used in this Code section, the term 'athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public schools in this state participate.

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(b) No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless such athletic association annually publishes and provides to its members a financial report of its activities for the preceding calendar year or fiscal year, if different from the calendar year, within 90 days after the end of such calendar year or fiscal year. Such report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses for such calendar year or fiscal year."

SECTION 1A. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Article 32, which was formerly reserved, to read as follows:

"ARTICLE 32

20-2-2100. (a) There is created as a joint committee of the General Assembly the High School Athletics Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, one of whom shall be a member of the minority party; five members of the Senate appointed by the Lieutenant Governor, one of whom shall be a member of the minority party; the chairperson of the House Committee on Education or his or her designee; and the chairperson of the Senate Education and Youth Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The Speaker of the House of Representatives and the Lieutenant Governor shall each designate a cochairperson from among the appointees of their respective houses. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of high school athletic associations, as defined in subsection (c) of this Code section. (b) No high school which receives funding under Article 6 of this chapter shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any high school athletics association unless such association complies with the provisions of this article. (c) As used in this Code section, the term 'committee' means the High School Athletics Overview Committee, and the term 'high school athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning,

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scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate.

20-2-2101. The Department of Education, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this article. The committee may employ staff and may secure the services of consultants as appropriate and subject to available funding. Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to request the attendance of witnesses and the production of documents in aid of its duties. In addition, when the General Assembly is not in session, the committee shall have the power to request the attendance of witnesses and the production of documents in aid of its duties, upon application of the cochairpersons of the committee, with the concurrence of the Speaker of the House and the Senate Committee on Assignments.

20-2-2102. All high school athletic associations in this state shall cooperate with the committee, its authorized personnel, the Attorney General, the Department of Education, and other state agencies in order that the charges of the committee may be timely and efficiently discharged. The associations shall submit to the committee such reports and data as the committee shall reasonably require in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the associations. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the high school athletic associations, as set forth in this article.

20-2-2103. In the discharge of its duties, the committee shall evaluate the performance of high school athletic associations consistent with the following criteria:
(1) Fairness and equity in establishing and implementing its standards; and (2) The promotion of academic achievement and good sportsmanship.

20-2-2104. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff, paying for services of consultants, and paying all other necessary expenses incurred by the committee in performing its duties.

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(b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government."

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

Approved April 21, 2014.

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ANIMALS COURTS DOG CONTROL OFFICERS; HANDLING OF VICIOUS OR DANGEROUS DOGS OR DOGS IN ANIMAL SHELTERS; AUTHORITY TO HEAR AND DISPOSITION OF DOG CLASSIFICATION AND CONFISCATION CASES; PAYMENT OF COSTS; DEFINITIONS.

No. 554 (Senate Bill No. 290).

AN ACT

To amend Article 2 of Chapter 8 of Title 4, Chapter 14 of Title 4, and Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to responsible dog ownership, sterilization of dogs and cats in animal shelters, and jurisdiction, power, and duties of probate courts, respectively, so as to provide more opportunity to expeditiously handle dogs in the community that are alleged to be dangerous, vicious, or are otherwise in animal shelters; to clarify provisions relating to dog control officers; to provide probate courts the authority to hear contested dog classification and confiscation cases and appeals of such cases under certain circumstances; to shorten time frames for actions involving confiscation and classifications of dogs; to change provisions relating to payment of cost of recovery and euthanasia; to provide for and change definitions; 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 8 of Title 4 of the Official Code of Georgia Annotated, relating to responsible dog ownership, is amended by revising subsection (b) of Code Section 4-8-22, relating to designation of the dog control officer, as follows:

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"(b) The governing authority of each local government shall designate one or more individuals as dog control officers to aid in the administration and enforcement of the provisions of this article. An individual carrying out the duties of dog control officer shall not be authorized to make arrests unless he or she is a law enforcement officer having the powers of arrest."

SECTION 2. Said article is further amended by revising Code Section 4-8-23, relating to investigations, notice, hearings, and determinations of dog control cases, as follows:
"4-8-23. (a) For purposes of this Code section, the term:
(1) 'Animal shelter' shall have the same meaning as set forth in Code Section 4-14-2. (2) 'Authority' means an animal control board or local board of health, as determined by the governing authority of a local government. (3) '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 seven days after the date shown on the notice; provided, however, that if an authority has not been established for the jurisdiction, the owner shall be informed of the right to request a hearing from the probate court for such jurisdiction where the dog was found or confiscated within seven days after the date shown on the notice. The notice shall 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. If an owner cannot be located within ten days of a dog control officer's determination that a dog is subject to classification as a dangerous dog or vicious dog, such dog may be released to an animal shelter or humanely euthanized, as determined by the dog control officer. (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 or probate court for good cause shown. At least ten days prior to the hearing, the authority or probate court 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 or probate court conducting the hearing shall receive

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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 or probate court 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 15-9-30.9. Judicial review of a probate court's final decision shall be in accordance with Code Section 5-3-2 and costs shall be paid as provided in Code Section 5-3-22."

SECTION 3. Said article is further amended by revising Code Section 4-8-30, relating to payment of costs for recovery, as follows:
"4-8-30. (a) A dangerous dog 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 all reasonable confiscation and housing costs and proof of compliance with the provisions of this article, unless such confiscation is deemed to be in error by a dog control officer, an authority, as defined in Code Section 4-8-23, or a probate court. 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 14 days of the date the dog was confiscated, such dog shall be released to an animal shelter, as such term is defined in Code Section 4-14-2, or euthanized in an expeditious and humane manner. The owner may be required to pay the costs of housing and euthanasia."

SECTION 4. Chapter 14 of Title 4 of the Official Code of Georgia Annotated, relating to sterilizations of dogs and cats in animal shelters, is amended by revising paragraph (5) of Code Section 4-14-2, relating to definitions, as follows:
"(5) 'Sterilization' means rendering a dog or cat unable to reproduce by the surgical removal of its reproductive organs or by rendering a dog unable to reproduce by intratesticular injection approved by the federal government pursuant to 21 U.S.C. Section 360 as of March 7, 2014."

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SECTION 5. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, is amended by adding a new Code section to read as follows:
"15-9-30.9. (a) In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Article 2 of Chapter 8 of Title 4 and to impose:
(1) Civil penalties for such violations, other than euthanasia; and (2) Criminal penalties for such violations as provided by Code Section 4-8-32. (b) An appeal from a decision by an animal control board or local board of health pursuant to subsection (f) of Code Section 4-8-23 shall lie in probate court. No appeal shall be heard in probate court until costs which have accrued in the tribunal below have been paid, unless the appellant files with the probate court or with the tribunal appealed from an affidavit stating that because of indigence he or she is unable to pay the costs on appeal. In all cases, no appeal shall be dismissed in the probate court because of nonpayment of the costs below until the appellant has been directed by the court to do so and has failed to comply with the court's direction. (c) Filing of the notice of appeal and payment of costs or filing of an affidavit as provided in subsection (b) of this Code section shall act as supersedeas, and it shall not be necessary that a supersedeas bond be filed; provided, however, that the probate court upon motion may at any time require that supersedeas bond with good security be given in such amount as the court may deem necessary unless the appellant files with the court an affidavit stating that because of indigence he or she is unable to give bond."

SECTION 6. This Act shall become effective on July 1, 2014, and shall apply to all violations and confiscations which occur on or after that date.

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

Approved April 21, 2014.

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INSURANCE CONTINUING CARE PROVIDERS AND FACILITIES; CONTINUING CARE WITH PURCHASE OF RESIDENT OWNED LIVING UNIT; NOTICES.

No. 555 (Senate Bill No. 304).

AN ACT

To amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, so as to define certain terms; to provide that a provider with a certificate of authority and the written approval of the commissioner may offer, as a part of the continuing care agreement, continuing care in which the resident purchases a resident owned living unit; to provide for notices of disclosure statements; 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 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, is amended by revising Code Section 33-45-1, relating to definitions, as follows:
"33-45-1. As used in this chapter, the term:
(1) 'Continuing care' means furnishing pursuant to a continuing care agreement: (A) Lodging that is not: (i) In a skilled nursing facility, as such term is defined in paragraph (34) of Code Section 31-6-2; (ii) An intermediate care facility, as such term is defined in paragraph (22) of Code Section 31-6-2; (iii) An assisted living community, as such term is defined in Code Section 31-7-12.2; or (iv) A personal care home, as such term is defined in Code Section 31-7-12; (B) Food; and (C) Nursing care provided in a facility or in another setting designated by the agreement for continuing care to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee including skilled or intermediate nursing services and, at the discretion of the continuing care provider, personal care services including, without limitation, assisted living care services designated by the continuing care agreement, including such services being provided

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pursuant to a contract to ensure the availability of such services to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. (2) 'Continuing care agreement' means a contract or agreement to provide continuing care or limited continuing care. Agreements to provide continuing care or limited continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. (3) 'Entrance fee' means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident continuing care, limited continuing care, or continuing care upon the purchase of a resident owned living unit; provided, however, that any such initial or deferred payment which is greater than or equal to 12 times the monthly care fee shall be presumed to be an entrance fee so long as such payment is intended to be a full or partial payment to assure the resident lodging in a residential unit. An accommodation fee, admission fee, or other fee of similar form and application greater than or equal to 12 times the monthly care fee shall be considered to be an entrance fee. Such term shall not include any portion of the purchase or sale of a resident owned living unit. (4) 'Facility' means a place which is owned or operated by a provider and provides continuing care or limited continuing care. Such term includes a facility which contains resident owned living units. (5) 'Licensed' means that the provider has obtained a certificate of authority from the department. (6) 'Limited continuing care' means furnishing pursuant to a continuing care agreement: (A) Lodging that is not:
(i) In a skilled nursing facility, as such term is defined in paragraph (34) of Code Section 31-6-2; (ii) An intermediate care facility, as such term is defined in paragraph (22) of Code Section 31-6-2; (iii) An assisted living community, as such term is defined in Code Section 31-7-12.2; or (iv) A personal care home, as such term is defined in Code Section 31-7-12; (B) Food; and (C) Personal services, whether such personal services are provided in a facility such as a personal care home or an assisted living community or in another setting designated by the continuing care agreement, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. (7) 'Monthly care fee' means the fee charged to a resident for continuing care or limited continuing care on a monthly or periodic basis. Monthly care fees may be increased by the provider to provide care to the resident as outlined in the continuing care agreement. Periodic fee payments or other prepayments shall not be monthly care fees.

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(8) 'Nursing care' means services which are provided to residents of skilled nursing facilities or intermediate care facilities. (9) 'Personal services' means, but is not limited to, such services as individual assistance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. Personal services shall not be construed to mean the provision of medical, nursing, dental, or mental health services. Personal services provided, if any, shall be designated in the continuing care agreement. (10) 'Provider' means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care or limited continuing care for a fixed or variable fee, or for any other remuneration of any type for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. (11) 'Resident' means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement shall not be construed to give the resident a part ownership of the facility in which the resident is to reside unless expressly provided for in the agreement. (12) 'Residential unit' means a residence or apartment in which a resident lives that is not a skilled nursing facility as defined in paragraph (34) of Code Section 31-6-2, an intermediate care facility as defined in paragraph (22) of Code Section 31-6-2, an assisted living community as defined in Code Section 31-7-12.2, or a personal care home as defined in Code Section 31-7-12. (13) 'Resident owned living unit' means a residence or apartment, the purchase or sale of which is not included in an entrance fee, which is a component part of a facility and in which the resident has an individual real property ownership interest."

SECTION 2. Said chapter is further amended by revising Code Section 33-45-3, relating to certificate of authority required for operation of continuing care facilities, as follows:
"33-45-3. (a) Nothing in this title or chapter shall be deemed to authorize any provider to transact any insurance business other than that of continuing care insurance or limited continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Community Health or any other regulatory body exercising authority over providers regulated by this chapter or real property law related to the purchase and sale of resident owned living units.

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(b) Nothing in this chapter shall be construed so as to modify or limit in any way: (1) Provisions of Article 3 of Chapter 6 of Title 31 and any rules and regulations promulgated by the Department of Community Health pursuant to such article relating to certificates of need for continuing care retirement communities or home health agencies, as such terms are defined in Code Section 31-6-2; or (2) Provisions of Chapter 7 of Title 31 relating to licensure or permit requirements and any rules and regulations promulgated by the Department of Community Health pursuant to such chapter, including, without limitation, licensure or permit requirements for nursing home care, assisted living care, personal care home services, home health services, and private home care services."

SECTION 3. Said chapter is further amended by revising division (a)(6)(B)(ii) of Code Section 33-45-7, relating to requirements for continuing care agreements, addenda, and amendments, as follows:
"(ii) If the continuing care agreement provides for the facility to retain no more than 1 percent per month of occupancy by the resident, it may provide that such refund will be payable upon receipt by the provider of the next entrance fee for any comparable residential unit upon which there is no prior claim by any resident; provided, however, that the agreement may define the term 'comparable residential unit upon which there is no prior claim'; specifically delineate when such refund is due; and establish the order of priority of refunds to residents. Unless the provisions of subsection (e) of this Code section apply, for any prospective resident, except when such resident receives a transferable membership or ownership right in a resident owned living unit, who cancels the agreement prior to occupancy of the residential unit, the refund shall be the entire amount paid toward the entrance fee, less a processing fee not to exceed 4 percent of the entire entrance fee, but in no event shall such processing fee exceed the amount paid by the prospective resident. Such refund shall be paid no later than 60 days after the giving of notice of intention to cancel. For a resident who has occupied his or her residential unit and who has received a transferable membership or ownership right in the facility, the foregoing refund provisions shall not apply but shall be deemed satisfied by the acquisition or receipt of a transferable membership or an ownership right in the facility. The provider shall not charge any fee for the transfer of membership or sale of an ownership right. Nothing in this paragraph shall be construed to require a continuing care agreement to provide a refund to more than one resident at a time upon the vacation of a specific comparable residential unit;"

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SECTION 4. Said chapter is further amended by adding a new Code section to read as follows:
"33-45-7.1. A provider which has obtained a certificate of authority pursuant to Code Section 33-45-5 and the written approval of the commissioner is authorized to offer, as a part of the continuing care agreement, continuing care in which the resident purchases a resident owned living unit, subject to the provisions of Chapters 6 and 7 of Title 31 and rules and regulations promulgated by the Department of Community Health pursuant to such chapters relating to certificate of need and licensure requirements."

SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 33-45-10, relating to information disclosure requirements, as follows:
"(a) Each facility shall maintain as public information, available upon request, a copy of its current disclosure statement and the disclosure and all previous disclosure statements that have been filed with the department. Each facility shall post in a prominent position in the facility, so as to be accessible to all residents and to the general public, a notice explaining where such disclosure statements may be viewed. In conjunction with the disclosure statement, the facility shall notify residents of any proposed changes in policies, programs, and services."

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

Approved April 21, 2014.

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FIRE PROTECTION WRITTEN NOTIFICATION AND OPPORTUNITY TO REMEDY BEFORE DENIAL OF CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLETION OR ISSUANCE OF STOP-WORK ORDER.

No. 556 (Senate Bill No. 305).

AN ACT

To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide that

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written notification and an opportunity to remedy be given prior to the denial of a permit or request for a certificate of occupancy or certificate of completion or the issuance of a stop-work order with regard to buildings or structures required to meet the state minimum fire safety standards; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, is amended by adding a new Code section to read as follows:
"25-2-14.2. (a) As used in this Code section, the term 'written notification' means a typed, printed, or handwritten notice citing the specific sections of the applicable codes or standards that have been violated and describing specifically where and how the design or construction is noncompliant with such codes or standards. (b) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that the building construction or plans for any building or structure, which are required under this chapter to meet the state minimum fire safety standards, do not comply with any such applicable codes or standards, the state fire marshal, the proper local fire marshal, state inspector, or designated code official may deny a permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law or rule or regulation, after giving written notification and opportunity to remedy the violation."

SECTION 2. This Act shall become effective on July 1, 2014, and shall be applicable to any application for a permit, request for a certificate of occupancy or certificate of completion, and stop-work order submitted or issued on or after such date.

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

Approved April 21, 2014.

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GAME AND FISH PROTECTION FOR CERTAIN WILDLIFE HABITATS.

No. 557 (Senate Bill No. 322).

AN ACT

To amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to provide protection for certain wildlife habitats; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, is amended by revising Code Section 27-1-30, relating to prohibitions on disturbing or destroying wildlife habitats, as follows:
"27-1-30. Except as otherwise provided by law or regulation, it shall be unlawful to disturb, mutilate, or destroy the dens, holes, or homes of any wildlife; to blind wildlife with lights; or to use explosives, chemicals, electrical or mechanical devices, or smokers of any kind in order to drive such wildlife out of such habitats."

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

Approved April 21, 2014.

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LAW ENFORCEMENT OFFICERS AND AGENCIES PUBLIC OFFICERS AND EMPLOYEES SOCIAL SERVICES DEFINITIONS OF PEACE OFFICERS EMPLOYED OR APPOINTED BY DEPARTMENT OF JUVENILE JUSTICE.

No. 558 (Senate Bill No. 324).

AN ACT

To amend Code Sections 35-8-2, 45-9-81, 45-9-101, and 49-4A-8 of the Official Code of Georgia Annotated, relating to definitions for employing and training of peace officers, definitions for the Georgia State Indemnification Fund, definitions for the Temporary Disability Compensation Program, and commitment of delinquent children, respectively, so as to harmonize definitions relating to peace officers employed or appointed by the Department of Juvenile Justice regarding their duties; 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 35-8-2 of the Official Code of Georgia Annotated, relating to definitions for employing and training of peace officers, is amended by revising subparagraph (B.1) of paragraph (8) as follows:
"(B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, the supervision of delinquent children in the department's institutions, facilities, or programs, or the supervision of delinquent children under intensive supervision in the community;"

SECTION 2. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions for the Georgia State Indemnification Fund, is amended by revising paragraph (7) as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated

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by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent children, or the supervision of delinquent children under intensive supervision in the community, and any child with a pending juvenile court case alleging the child to be a child in need of services who has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."

SECTION 3. Code Section 45-9-101 of the Official Code of Georgia Annotated, relating to definitions for the Temporary Disability Compensation Program, is amended by revising paragraph (7) as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent children, or the supervision of delinquent children under intensive supervision in the community, and any child with a pending juvenile court case alleging the child to be a child in need of services who has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."

SECTION 4. Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent children, is amended by revising paragraph (2) of subsection (i) as follows:
"(2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent children or children in need of services in its institutions, facilities, or programs, the supervision of delinquent children or children in need of services under intensive supervision in the community, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody,

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care, and control of delinquent children or children in need of services retained by the person or organization if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more employees of the department to investigate and apprehend children who have escaped from a juvenile detention facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of such facilities or whose primary duty consists of the apprehension of youths who have escaped from such facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126 and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent children or children in need of services detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and shall be certified under that chapter."

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

Approved April 21, 2014.

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FIRE PROTECTION FIRE PROTECTION SPRINKLER CONTRACTORS AND FIRE EXTINGUISHERS AND SUPPRESSION SYSTEMS; CEASE AND DESIST ORDERS; REVOCATION AND SUSPENSION OF LICENSES; PENALTIES AND SANCTIONS.

No. 559 (Senate Bill No. 325).

AN ACT

To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to change provisions related to regulation of fire protection sprinkler contractors and fire extinguishers and suppression systems; to provide for changes to cease and desist orders; to provide for written notices; to change provisions relating to additional grounds for revocation or suspension of licenses; to provide for penalties; to provide for a civil action to enjoin violations of such provisions, rules, regulations, or orders issued by the Commissioner; 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 25 of the Official Code of Georgia Annotated, relating to licensing and regulation of fire protection sprinkler contractors, is amended by revising Code Section 25-11-16, relating to cease and desist orders against violators, penalties for violations, order requiring compliance, and revocation of certificate for failure to comply with order, as follows:
"25-11-16. (a) Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the individual an order to cease and desist such violation. An order issued under this Code section may be delivered in accordance with the provisions of subsection (d) of this Code section. (b) Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all certificates and licenses issued by the Commissioner for a period of not less than six months and not to exceed five years. If a new certificate or license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new certificates and licenses held by such person. In the case of an applicant for a license, certificate, or permit, violation of any provision of this title or regulations promulgated thereunder may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law.

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(c) Any person who violates any provision of this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 or more than $5,000.00 for a third or subsequent offense. Prior to subjecting any person or entity to a fine under this subsection, the Commissioner or his or her agent shall give written notice to the person or entity by hand delivery or by registered or certified mail or statutory overnight delivery, return receipt requested, of the existence of the violations. After a reasonable period of time after notice is given, an order may be issued based on this Code section. Such order must be delivered in accordance with the provisions of subsection (d) of this Code section and must notify the person or entity of the right to a hearing with respect to same. (d) Any order issued by the Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law. (e) In addition to other powers granted to the Commissioner under this chapter, the Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter."

SECTION 2. Said title is further amended by revising Code Section 25-11-17, relating to additional grounds for revocation or suspension of licenses, as follows:
"25-11-17. In addition to the grounds set forth in Code Section 25-11-16, it is cause for revocation or suspension, refusal, or nonrenewal of certificates or licenses by the Commissioner if it is determined that the holder or applicant has:
(1) Rendered inoperative a water-based fire protection system covered by this chapter, except during a reasonable time during which the system is being repaired, altered, added to, maintained, inspected, or except pursuant to a court order; (2) Falsified any record required to be maintained by this chapter or rules or regulations adopted pursuant to this chapter or current fire codes enforced by the Commissioner; (3) Improperly installed, repaired, serviced, modified, altered, inspected, or tested a water-based fire protection system; (4) While holding a certificate or license, allowed another person to use the certificate or license or certificate number or license number other than his or her own valid certificate or license or certificate number or license number;

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(5) While holding a certificate or license, used a certificate or license or certificate number or license number other than his or her own valid certificate or license or certificate number or license number; (6) Used credentials, methods, means, or practices to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; (7) Failed to maintain the minimum insurance coverage as set forth in this chapter; (8) Failed to obtain, retain, or maintain one or more of the qualifications and requirements to obtain a certificate of competency or other licenses required by this chapter; (9) Installed, serviced, modified, altered, inspected, maintained, added to, or tested a water-based fire protection system without a current, valid license or certificate, when such license or certificate is required by this chapter; (10) Made a material misstatement or misrepresentation or committed a fraud in obtaining or attempting to obtain a license or certificate; or (11) Failed to notify the Commissioner, in writing, with 30 days after a change of residence, principal business address, or name. In addition to other grounds set forth in this Code section, the Commissioner shall not issue a new license or certificate if the Commissioner finds that the circumstance or circumstances for which the license or certificate was previously suspended or revoked still exist or are likely to recur."

SECTION 3. Said title is further amended by revising Code Section 25-12-18, relating to cease and desist orders, period of revocation, civil penalty, and opportunity for hearing, as follows:
"25-12-18. (a) Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the individual an order to cease and desist such violation. An order issued under this Code section may be delivered in accordance with the provisions of subsection (d) of this Code section. (b) Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all permits and licenses issued by the Commissioner for a period of not less than six months and not to exceed five years. If a new permit or license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new permits and licenses held by such person. In the case of an applicant for a license, certificate, or permit, violation of any provision of this title may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law. (c) Any person who violates any provision of this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed

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by the Commissioner of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 or more than $5,000.00 for a third or subsequent offense. Prior to subjecting any person or entity to a fine under this subsection, the Commissioner or his or her agent shall give written notice to the person or entity by hand delivery or by registered or certified mail or statutory overnight delivery, return receipt requested, of the existence of the violations. After a reasonable period of time after notice is given, an order may be issued based on this Code section. Such order must be delivered in accordance with the provisions of subsection (d) of this Code section and must notify the person or entity of the right to a hearing with respect to same. (d) Any order issued by the Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished as provided by law. (e) In addition to other powers granted to the Commissioner under this chapter, the Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter."

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

Approved April 21, 2014.

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PROFESSIONS AND BUSINESSES COSMETOLOGY; MINIMUM AGE; FINES FOR VIOLATIONS.

No. 560 (Senate Bill No. 336).

AN ACT

To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to revise certain provisions relative to cosmetologists; to lower the minimum age requirement for learning the occupation of cosmetology, hair design, esthetics, or nail care or manicuring under a cosmetologist; to provide that the fines imposed by the State Board of Cosmetology for certain violations shall not exceed certain specified amounts;

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to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by revising subsection (a) of Code Section 43-10-14, relating to study by persons 17 years of age and older, registration of apprentices, registration certificate, and waiver of education requirements, as follows:
"(a) Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months' experience and has held a certificate of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least one year and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of hair designer under a cosmetologist holding a master cosmetologist certificate or a hair design certificate, provided that such cosmetologist has had at least 36 months' experience or, under an instructor in a school of cosmetology or school of hair design who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach such practices and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months' experience or, under an instructor in a school of cosmetology or school of esthetics who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months' experience or, under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least one year, is qualified to teach such practices and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, hair design, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months' experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director. The shop owner shall file a statement in writing, showing the apprentice's

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name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity."

SECTION 1A. Said chapter is further amended by revising Code Section 43-10-15, relating to suspension, revocation, cancellation, or restoration of certificates of registration, reprimand of certificate holders, and fines applicable to cosmetologists, as follows:
"43-10-15. (a) The board, acting upon its own knowledge or written or verified complaint filed by any person, shall have the power to reprimand or power to suspend, revoke, or cancel the certificate of registration of or refuse to grant, renew, or restore a certificate of registration to a holder of any certificate of registration issued pursuant to this chapter upon proof of any one of the following grounds:
(1) Willfully committing any false, fraudulent, or deceitful act or using any forged, false, or fraudulent document in connection with any requirement of this chapter or the rules and regulations of the board; (2) Willfully failing at any time to comply with the requirements for a certificate of registration under this chapter; (3) Practicing cosmetology under a false or assumed name; (4) Willfully permitting an unlicensed person to practice, learn, or teach cosmetology; (5) Knowingly performing an act which in any way assists an unlicensed person to practice, learn, or teach cosmetology; or (6) Violating, directly or indirectly, or assisting in the violation of this chapter or any rule or regulation of the board. (b) The board may impose a fine not to exceed $500.00 for each violation of any provision of subsection (a) of this Code section; provided, however, that the board shall not, for any violation of paragraph (6) of subsection (a) of this Code section on grounds not set forth in paragraphs (1) through (5) of such subsection, impose a fine for the first violation in an amount that exceeds $25.00, impose a fine for a second violation in an amount that exceeds $75.00, or impose a fine for each subsequent violation in an amount that exceeds $300.00. Such fines shall be listed in a schedule contained in the rules and

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regulations of the board. The licensee shall pay the fine within 30 days after receiving written notification from either the board or a representative of the board unless the licensee requests in writing a hearing before the board. Such request for a hearing must be received by the board within 30 days after receipt of the written notification from the board. Failure either to pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing to determine whether revocation or other disciplinary action should be imposed on the licensee. (c) The board, for good cause shown and under such conditions as it may prescribe, may restore a certificate of registration to any person, beauty shop or beauty salon, or school or college of cosmetology whose certificate of registration has been suspended, revoked, or canceled. (d) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to any proceeding under this Code section."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall apply to all violations occurring on or after such date.

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

Approved April 21, 2014.

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PROFESSIONS AND BUSINESSES STATE BOARD OF BARBERS; FINES FOR VIOLATIONS.

No. 561 (Senate Bill No. 337).

AN ACT

To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that the fines imposed by the State Board of Barbers for certain violations shall not exceed certain specified amounts; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by revising Code Section 43-7-23, relating to suspension, cancellation, revocation, or refusal of licenses, reprimanding licensees, fines, and restoration of licenses relative to the practice of barbering, as follows:
"43-7-23. (a) The board, acting upon its own knowledge or upon written and verified complaint filed by any person, shall have the power to reprimand, or to suspend, revoke, or cancel the license of, or to refuse to grant, renew, or restore a license to any licensee upon proof of any one of the following grounds:
(1) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this chapter or the rules and regulations of the board; (2) Failure at any time to comply with the requirements for a license under this chapter; (3) The practice of barbering under a false or assumed name; (4) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice or teach barbering; (5) Any physical disease or mental disability which renders the licensee unfit to practice or teach barbering; (6) Any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; (7) Knowing performance of any act which in any way assists an unlicensed person to practice or teach barbering; or (8) Violating, either directly or indirectly, or assisting in or abetting the violation of, any provision of this chapter or any rule or regulation of the board. (b)(1) The board may impose a fine not to exceed $500.00 for each violation of any provision of subsection (a) of this Code section; provided, however, that the board shall not, for any violation of paragraph (8) of subsection (a) of this Code section on grounds not set forth in paragraphs (1) through (7) of such subsection, impose a fine for the first violation in an amount that exceeds $25.00, impose a fine for a second violation in an amount that exceeds $75.00, or impose a fine for each subsequent violation in an amount that exceeds $300.00. Such fines shall be listed in a schedule contained in the rules and regulations of the board. (2) The licensee shall pay the fine within 30 days after receiving written notification from either the board or a representative of the board unless the licensee requests in writing a hearing before the board. Such request for a hearing must be received by the board within 30 days after receipt of the written notification from the board. Failure to either pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing to determine whether revocation or other disciplinary action should be imposed on the licensee. (c) The board for good cause shown and under such conditions as it may prescribe may restore a license to any person whose license has been suspended or revoked.

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(d) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to any proceeding under this Code section."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall apply to all violations occurring on or after such date.

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

Approved April 21, 2014.

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RETIREMENT AND PENSIONS REVISE, MODERNIZE, AND CORRECT ERRORS OR OMISSIONS IN TITLE.

No. 562 (Senate Bill No. 339).

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 47-2-295.1, relating to employees of the Department of Juvenile Justice, by revising subsections (a) and (b) as follows:
"(a) As used in this Code section, the term: (1) 'Department' means the Department of Juvenile Justice. (2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof county probation and intake officers who become employees of the department as a result of the county probation and intake services being transferred to the department pursuant to the provisions of Code Section 15-11-69. The term includes any such retirement or pension system created by

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law or created by ordinance or resolution of the county under the home rule provisions of the Constitution. (3) 'Probation and intake officer' means a probation and intake officer as such term is defined in Code Section 15-11-2. (b) Any probation and intake officer becoming an employee of the department at any time on or after July 1, 1993, as a result of a transfer of county probation and intake services to the department pursuant to the provisions of Code Section 15-11-69 shall have the options and rights provided for by this Code section. The options available to any such employee under this Code section must be exercised within 18 months after the date the applicable county probation and intake services are transferred to the department. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the governing authority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified." (2) Code Section 47-17-1, relating to definitions regarding the Peace Officers' Annuity and Benefit Fund, in division (5)(I)(i), by replacing "delinquent and unruly children" with "delinquent children or children in need of services" each time it appears and by deleting the comma after "programs". (3) Code Section 47-23-1, relating to definitions relative to the Georgia Judicial Retirement System, in paragraph (13), by replacing "15-11-18" with "15-11-50".

SECTION 2. In the event of an irreconcilable conflict between a provision of this Act and a provision of another Act enacted at the 2014 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict.

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

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

Approved April 21, 2014.

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COURTS PROBATE COURTS; REPEAL POPULATION PROVISION; AUTHORITY OF CLERK ON UNCONTESTED MATTERS; COMPENSATION OF PROBATE JUDGES.

No. 563 (Senate Bill No. 341).

AN ACT

To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to repeal a population provision relative to a clerk's authority to act on uncontested matters; to provide for a clerk's authority to act on uncontested matters; to change provisions relating to compensation for probate judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended in Code Section 15-9-36, relating to judges of probate courts as clerks thereof, chief clerk, authority to appoint other clerks, and powers of appointed clerks, by repealing subsection (c) and enacting a new subsection (c) to read as follows:
"(c)(1) In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present. (2) The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years."

SECTION 2. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 15-9-63, relating to schedule of minimum salaries, as follows:
"(3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judge's compensation supplement shall be decreased during any term of office. A county governing authority shall not be required to pay a local supplement to a judge beyond the term of office for which such supplement was approved. Any prior expenditure of county funds to supplement the probate judge's salary in the manner authorized by this paragraph

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is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge."

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 15-9-63.1, relating to compensation for services as magistrate or chief magistrate, as follows:
"(a) Beginning January 1, 2002, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $11,642.54; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. A county governing authority shall not be required to pay the compensation provided by this subsection beyond the term for which such probate judge serves as a chief magistrate or magistrate."

SECTION 4. Said chapter is further amended by revising Code Section 15-9-64, relating to supplementation of minimum salaries, as follows:
"15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $323.59 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $404.41 per month. A county governing authority shall not be required to pay the compensation provided by this Code section beyond the term for which such judge performs such services."

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 April 21, 2014.

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HEALTH DEPARTMENT OF COMMUNITY HEALTH; MEDICAL LEGAL PARTNERSHIPS; CREATION OF GEORGIA COUNCIL ON LUPUS EDUCATION AND AWARENESS.

No. 564 (Senate Bill No. 352).

AN ACT

To amend Code Section 31-2-4 of the Official Code of Georgia Annotated, relating to the powers, duties, functions, and responsibilities of the Department of Community Health, so as to authorize the department to approve medical-legal partnerships; to provide for standards and guidelines; to provide for statutory construction; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Georgia Council on Lupus Education and Awareness; to provide for legislative findings; to provide for assignment to the Department of Community Health; to provide for membership; to provide for terms of office; to provide for duties and responsibilities; to provide for a directory; to provide for reporting; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-2-4 of the Official Code of Georgia Annotated, relating to the powers, duties, functions, and responsibilities of the Department of Community Health, is amended by revising subsection (d) as follows:
"(d) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician work force issues; (3) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; (4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities;

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(5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; (6) Is authorized to award grants, as funds are available, to hospital authorities, hospitals, and medical-legal partnerships for public health purposes, pursuant to Code Sections 31-7-94 and 31-7-94.1 and paragraph (11) of this subsection; (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; (8) Shall classify and license community living arrangements in accordance with the rules and regulations promulgated by the department for the licensing and enforcement of licensing requirements for persons whose services are financially supported, in whole or in part, by funds authorized through the Department of Behavioral Health and Developmental Disabilities. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-8 and 31-7-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued pursuant to this paragraph is not assignable or transferable. As used in this paragraph, the term 'community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one

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or more personal services, support, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage; (9) Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department pursuant to Chapter 7, 13, 23, or 44 of this title, Chapter 5 of Title 26, paragraph (8) of this subsection, or Article 7 of Chapter 6 of Title 49. Such schedules shall be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such licensure activities. Such fees may be annually adjusted by the department but shall not be increased by more than the annual rate of inflation as measured by the Consumer Price Index, as reported by the Bureau of Labor Statistics of the United States Department of Labor. All fees paid thereunder shall be paid into the general funds of the State of Georgia. It is the intent of the General Assembly that the proceeds from all fees imposed pursuant to this paragraph be used to support and improve the quality of licensing services provided by the department;
(10)(A) May accept the certification or accreditation of an entity or program by a certification or accreditation body, in accordance with specific standards, as evidence of compliance by the entity or program with the substantially equivalent departmental requirements for issuance or renewal of a permit or provisional permit, provided that such certification or accreditation is established prior to the issuance or renewal of such permits. The department may not require an additional departmental inspection of any entity or program whose certification or accreditation has been accepted by the department, except to the extent that such specific standards are less rigorous or less comprehensive than departmental requirements. Nothing in this Code section shall prohibit either departmental inspections for violations of such standards or requirements or the revocation of or refusal to issue or renew permits, as authorized by applicable law, or for violation of any other applicable law or regulation pursuant thereto. (B) For purposes of this paragraph, the term:
(i) 'Entity or program' means an agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (8) of this subsection; and Article 7 of Chapter 6 of Title 49. (ii) 'Permit' means any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in division (i) of this subparagraph; and (11)(A) Is authorized to approve medical-legal partnerships that comply with standards and guidelines established for such programs for purposes of determining eligibility for grants. The department shall seek input from legal services organizations, community health advocacy organizations, hospitals, diagnostic and treatment centers, and other

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primary and specialty health care providers in establishing such standards and guidelines. (B) For purposes of this paragraph, the term 'medical-legal partnership' means a program conducted or established by a nonprofit entity through a collaboration pursuant to a written agreement between one or more medical service providers and one or more legal services programs, including those based within a law school, to provide legal services without charge to assist income-eligible individuals and their families in resolving legal matters or other needs that have an impact on the health of such individuals and families. Written agreements may include a memorandum of understanding or other agreement relating to the operations of the partnership and encompassing the rights and responsibilities of each party thereto. The medical service provider or providers may provide referrals of its patients to the legal services program or programs on matters that may potentially impact the health, health care, or the health care costs of a patient. (C) A medical-legal partnership that complies with the standards and guidelines established pursuant to this paragraph and has demonstrated the ability and experience to provide high quality patient centered legal services regarding legal matters or other needs that have an impact on the health of individuals and families shall be approved by the department. (D) This paragraph shall not be construed to require any medical-legal partnership or similar entity to seek or attain approval pursuant to this paragraph in order to operate."

SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new chapter to read as follows:

"CHAPTER 49

31-49-1. The General Assembly finds and declares that it is estimated that as many as 55,000 Georgia residents suffer from lupus, a life-long autoimmune disease in which the immune system becomes unbalanced, causing inflammation, tissue damage, seizures, strokes, heart attacks, miscarriages, and organ failure. Although anyone can develop lupus, it strikes mostly women of childbearing age; African American, Hispanic, Asian, and Native American women are two to three times more likely than Caucasians to develop lupus. Lupus can be difficult to diagnose and often is misdiagnosed because the symptoms are similar to those of other illnesses. It is in the public interest for this state to establish an entity to develop and implement a comprehensive program to improve education and awareness about lupus for health care providers and the general public.

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31-49-2. (a) There is created the Georgia Council on Lupus Education and Awareness within the Department of Community Health. (b) The council shall consist of six members as follows:
(1) The commissioner of community health, or the commissioner's designee, as an ex officio member; (2) Three members to be appointed by the Governor. The Governor shall appoint two members to serve for one year and one to serve for two years. Thereafter, successors to such initial appointees shall serve for two years. Of these three members, one shall be a physician who treats patients with lupus and one shall be a lupus patient; (3) One member to be appointed by the Speaker of the House of Representatives to serve for two years; and (4) One member to be appointed by the Lieutenant Governor to serve for two years; (c) All vacancies on the council shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member of the council shall be eligible for reappointment. (d) The members of the council shall serve without compensation but may be reimbursed for any expenses incurred by them in the performance of their duties, subject to the availability of funds. (e) The council shall organize as soon as practicable after the appointment of its members and shall select a chairperson from among its members.

31-49-3. (a) The council shall have the following duties and responsibilities:
(1) To initially investigate the level of education concerning lupus in this state; and (2) Based on the results of its initial investigation pursuant to paragraph (1) of this Code section, to develop information on lupus endorsed by government agencies, including, but not limited to, the National Institutes of Health and the Centers for Disease Control and Prevention. (b) The council shall develop a directory of lupus related health care services, which shall be made available on the department's website and shall include a list of health care providers specializing in the diagnosis and treatment of lupus.

31-49-4. (a) The department shall post the information developed by the council pursuant to paragraph (2) of subsection (a) of Code Section 31-49-3 on its website. (b) Subject to appropriations or access to other private or public funds, the department may distribute such information to individuals with lupus, their family members, health care professionals, hospitals, local health departments, schools, agencies on aging, employers, health plans, women's health groups, and nonprofit and community based organizations.

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31-49-5. The council shall prepare annually a complete and detailed report to be submitted to the Governor, the chairperson of the House Committee on Health and Human Services, and the chairperson of the Senate Health and Human Services Committee detailing the activities of the council and may include any recommendations for legislative action it deems appropriate.

31-49-6. The council may solicit and accept donations, gifts, grants, property, or matching funds from any public or private source for the use of the council in performing its functions under this chapter."

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

Approved April 21, 2014.

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CONSERVATION AND NATURAL RESOURCES CREATE GEORGIA GEOSPATIAL ADVISORY COUNCIL.

No. 565 (Senate Bill No. 361).

AN ACT

To amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to create the Georgia Geospatial Advisory Council; to provide for its members and purposes; to provide for reports; to provide for automatic repeal; 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 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, is amended by adding a new Code section to read as follows:

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"12-5-9. (a) As used in this Code section, the term:
(1) 'Director' means the director of the division. (2) 'Division' means the Environmental Protection Division of the department. (b) It is the intent of the General Assembly to provide the general public with access to reliable geospatial data, including but not limited to flood map modernization. Currently, Georgia lacks many of the components which would provide for reliable data such as geospatial coordination and collaboration, policies, standards, state-wide geospatial datasets, current inventory, state-wide license agreements, business and strategic plans, trained work force, data life cycle support, and contract and program management support. (c)(1) In order to provide reliable geospatial data to the public, there shall be created the Georgia Geospatial Advisory Council. The division shall coordinate the creation of such council. The division shall coordinate with state executive branch departments and agencies to appoint members of the council, which may consist of representatives from state departments and agencies, local governments, universities, regional commissions, or any other entity the division determines to be a stakeholder active in the development or consumption of reliable geospatial resources. (2) The council shall meet initially upon the call of the director and shall elect a chairperson at the initial meeting. Subsequent meetings shall be called by the chairperson. The members of the council shall serve at the pleasure of the director. Councilmembers shall receive no compensation for their services as members of the council, but their travel expenses, if any, related to the performance of their official duties may be covered by the departments, agencies, or organizations they represent. (3) The council shall audit Georgia's geospatial capabilities at county, regional, and state levels. The audit shall contain a complete status update and recommendations for utilizing the geospatial capabilities in Georgia to meet Federal Emergency Management Agency notification requirements, recommendations for moving forward to achieve governmental data interoperability and enhanced delivery of services to Georgia citizens through the geospatial approach, and any other information determined by the council to be necessary for the advancement of geospatial technology. (4) The council shall closely coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures. (5) The reports generated by the council shall be made available on an annual basis by the department to the members of the General Assembly, all departments and agencies of state government, and all county and municipal governments and shall be posted on the Internet website of the department. (d) The Board of Natural Resources shall promulgate such rules and regulations as may be reasonable and necessary for the administration of this Code section. (e) This Code section shall stand repealed on June 30, 2017."

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SECTION 2. This Act shall become effective on July 1, 2014.

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

Approved April 21, 2014.

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CRIMES AND OFFENSES COURTS LAW ENFORCEMENT OFFICERS AND AGENCIES LOCAL GOVERNMENT TORTS REFUND FRAUD.

No. 566 (Senate Bill No. 382).

AN ACT

To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the crime of refund fraud; to provide for penalties; to amend Code Sections 15-10-260, 35-3-37, and 36-32-9 and Title 51 of the Official Code of Georgia Annotated, relating to jurisdiction for trials of certain misdemeanors in magistrate courts, review of criminal history record information, municipal court jurisdiction of misdemeanor theft by shoplifting, and torts, respectively, so as to provide for jurisdiction of refund fraud cases for such courts; to provide for conformity with laws applicable to shoplifting; to increase the liquidated damages amount for property that is willfully damaged or taken; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by adding a new Code section to read as follows:
"16-8-14.1. (a)(1) It shall be unlawful for a person to give a false or fictitious name or address or to give the name or address of another person without that person's approval or permission for the purpose of obtaining a refund from a store or retail establishment for merchandise.

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(2) It shall be unlawful for a person to obtain a refund in the form of cash, check, credit on a credit or debit card, a merchant gift card, or credit in any other form from a store or retail establishment using a driver's license not issued to such person, a driver's license containing false information, an identification card containing false information, an altered identification card, or an identification card not issued to such person. (b) A person who violates subsection (a) of this Code section shall be guilty of refund fraud and, upon conviction, except as provided in subsection (c) of this Code section, shall: (1) When the property which was the subject of the fraud is $500.00 or less in value, be punished as for a misdemeanor; (2) When the property which was the subject of the fraud exceeds $500.00 in value, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years; (3) When the property which was the subject of the fraud 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 fraud exceeds $500.00 in value, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years; and (4) When the property which was the subject of the fraud is taken during a period of 180 days and when the aggregate value of the property which was the subject of each fraud exceeds $500.00 in value, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. (c)(1) Upon conviction of a second offense for a violation of any provision of 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; (2) Upon conviction of a third offense for a violation of any provision of this Code section, the defendant shall be guilty of a felony and, 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 incarcerationprobation 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 (3) Upon conviction of a fourth or subsequent offense for a violation of any provision of this Code section, the defendant shall be guilty of 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; (d) In all cases involving refund fraud, 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

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property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. (e) Subsection (b) of this Code section shall not affect the authority of a 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."

PART II SECTION 2-1.

Code Section 15-10-260 of the Official Code of Georgia Annotated, relating to jurisdiction and penalties for trials of certain misdemeanors in magistrate courts, is amended by revising subsections (a) and (c) as follows:
"(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21." "(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 misdemeanor refund fraud, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14.1; (4) 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 (5) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21."

SECTION 2-2. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, is amended by revising division (j)(4)(B)(xi), as follows:
"(xi) Theft in violation of Chapter 8 of Title 16; provided, however, that such prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or"

SECTION 2-3. Code Section 36-32-9 of the Official Code of Georgia Annotated, relating to municipal court jurisdiction of misdemeanor theft by shoplifting, is amended by revising subsections (a) through (c) as follows:
"(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 or misdemeanor refund fraud

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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 or misdemeanor refund fraud 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)(1) 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. (2) A person convicted in a municipal court of misdemeanor refund fraud shall be punished as provided in the misdemeanor penalties set forth in Code Section 16-8-14.1, provided that nothing in this Code section or Code Section 16-8-14.1 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."

SECTION 2-4. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by revising Code Section 51-7-60, relating to preclusion of recovery for detention or arrest of person suspected of shoplifting under certain circumstances, as follows:
"51-7-60. Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting or refund fraud and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:
(1) That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of shoplifting, as defined by Code Section 16-8-14, or refund fraud as defined in Code Section 16-8-14; or (2) That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable."

SECTION 2-5. Said title is further amended by revising paragraph (2) of subsection (a) and subsection (c) of Code Section 51-10-6, relating to owner's right of action for damage to or theft involving personal property, as follows:

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"(2) In any such action in which the value of the total claim, including exemplary damages, is less than $5,000.00, the property owner may recover compensatory damages, as described in paragraph (1) of this subsection, and additionally may recover liquidated exemplary damages equal to $300.00 or triple the amount of the entire loss sustained by the property owner as a result of the willful damage or theft offense, whichever is greater, and the cost of maintaining the civil action if all of the following apply:
(A) The property owner, at least 30 days prior to the filing of the action, provided written notice of a demand by personal delivery or certified mail or statutory overnight delivery, return receipt requested, for payment of the value of that personal property, the amount of any other loss sustained as a result of the willful damage or theft offense, and the liquidated exemplary damages set out in this paragraph upon the person who willfully damaged the property or who committed the theft offense; (B) Either the person who willfully damaged the personal property or who committed the theft offense did not make payment to the property owner of the amount specified in the demand within 30 days after the date of receipt of the written demand or did not enter into an agreement with the property owner during that 30 day period for such payment, or the person who willfully damaged the personal property or who committed the theft offense entered into an agreement with the property owner during that 30 day period for such payment but the person did not make such payment in accordance with the terms of the agreement; and (C) The property owner did not file a civil complaint against the person who willfully damaged the personal property or who committed the theft offense prior to the expiration of 30 days after the date of service of the written demand upon the person, or, if the person had entered into an agreement with the property owner during that 30 day period for payment, prior to the day on which the person failed to make payment in accordance with the terms of the agreement, whichever is applicable." "(c) For purposes of paragraph (2) of subsection (a) of this Code section, written notice of demand for payment shall be substantially as follows: 'Upon reasonable cause, notice is given of (my) (our) demand for payment of damages in the amount of (state amount claimed: total should be $300.00 or triple the amount of the entire loss sustained by the property owner as a result of the willful damage or theft offense, whichever is greater) arising out of your (willful damage, theft, or unlawful conversion) of the following personal property owned by (the undersigned or other owner): (List affected property) _________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Pursuant to Code Section 51-10-6 of the Official Code of Georgia Annotated, you are further notified that if the above-stated amount is not paid, or a written agreement as to its payment is not reached, within 30 days of the date you receive this letter, (I) (we)

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(other owner) intend to bring an action against you for such amount, plus attorney's fees, plus court costs, and such other relief as the law provides.

____________________'"

PART III SECTION 3-1.

This Act shall become effective on July 1, 2014, and shall apply to all conduct occurring on or after such date.

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

Approved April 21, 2014.

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MOTOR VEHICLES AND TRAFFIC DEFINITIONS; REGISTRATION AND TITLING OF MOTOR VEHICLES NOT IN COMPLIANCE WITH FEDERAL EMISSIONS STANDARDS; CLASS D DRIVER'S LICENSES.

No. 567 (Senate Bill No. 392).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for an additional definition; to provide for acceptance of applications for registration for certain motor vehicles not in compliance with federal emission standards; to provide for acceptance of applications for title for certain motor vehicles not in compliance with federal emission standards; to exclude certain motor vehicles from the definition of "unconventional motor vehicle or motorcycle"; to revise the time that a Class D license holder is prohibited from driving a Class C motor vehicle on the public roads, streets, or highways of this state; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding a new subsection to Code Section 40-1-1, relating to definitions, to read as follows:
"(17.1) 'Former military motor vehicle' means a motor vehicle which operates on the ground, including a trailer, that was manufactured for use in any country's military forces and is maintained to represent its military design, regardless of the vehicle's size, weight, or year of manufacture. Such term shall not include motor vehicles armed for combat or vehicles owned or operated by this state, the United States, or any foreign government."

SECTION 2. Said title is further amended by revising Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards, as follows:
"40-2-27. (a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation. (b) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of registration for such motor vehicles that have a manufactured date that is 25 years or older at the time of application. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration. (c) Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for a Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper. (d) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 40-3-30.1. (e) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of registration for former military motor vehicles that are less than 25 years old and manufactured for the United States military."

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SECTION 3. Said title is further amended by revising Code Section 40-3-30, relating to required compliance with federal motor vehicle safety standards, as follows:
"40-3-30. (a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation. (b) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for such motor vehicles first titled in Georgia that have a manufactured date that is 25 years or older at the time of application. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of title. (c) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for former military motor vehicles that are less than 25 years old and manufactured for the United States military."

SECTION 4. Said title is further amended by revising Code Section 40-3-30.1, relating to inspections for assembled motor vehicles, unconventional motor vehicles, and motorcycles, as follows:
"40-3-30.1. (a) As used in this Code section and in Code Section 40-2-27, the term:
(1) 'Assembled motor vehicle or motorcycle' or 'kit motor vehicle or motorcycle' means any motor vehicle or motorcycle that is:
(A) Manufactured from a manufacturer's kit or manufacturer's fabricated parts, including replicas and original designs:
(i) By an owner; (ii) At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and (iii) Such manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; (B) A new vehicle and consists of a prefabricated body, chassis, and drive train; (C) Handmade and not mass produced by any manufacturer for retail sale; or

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(D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles. (2)(A) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, off-road vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following:
(i) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (ii) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or (iii) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (B) Such term shall not include former military motor vehicles. (b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish: (1) The existence of a verifiable Manufacturer's Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and (2) That such assembled motor vehicle or motorcycle complies with: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title. (d) The department shall be authorized to charge an inspection fee. (e) Unconventional motor vehicles or motorcycles shall not be titled or registered."

SECTION 5. Said title is further amended by revising subparagraph (b)(2)(A) of Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, as follows:
"(A) Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 5:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and"

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

Approved April 21, 2014.

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LOCAL GOVERNMENT ADVANCED BROADBAND COLLOCATION; DEFINITIONS; STREAMLINED PROCESSING; PROCEDURES FOR NEW FACILITIES; FEES AND REVIEW OF CERTAIN FACILITIES.

No. 569 (House Bill No. 176).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions applicable to counties and municipal corporations related to advanced broadband collocation; to provide for a short title; to provide for definitions; to make changes related to streamlined processing; to standardize certain procedures related to new wireless facilities; to place limitations on the time allowed for the review of new wireless facilities; to limit fees charged for review of wireless facilities; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Chapter 66B, relating to advanced broadband collocation, as follows:

"CHAPTER 66B

36-66B-1. This chapter shall be known and may be cited as the 'Mobile Broadband Infrastructure Leads to Development (BILD) Act.'

36-66B-2. (a) The General Assembly finds that the enactment of this chapter is necessary to:
(1) Ensure the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communication services throughout this state;

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(2) Ensure the ready availability of reliable wireless communication services to the public to support personal communications, economic development, and the general welfare; (3) Encourage where feasible the modification or collocation of wireless facilities on existing wireless support structures over the construction of new wireless support structures in the deployment or expansion of commercial wireless networks; and (4) Allow the deployment of critical wireless infrastructure to ensure that first responders can provide for the health and safety of all residents of Georgia. (b) While recognizing and confirming the purview of local governments to exercise zoning, land use, and permitting authority within their territorial boundaries with regard to the location, construction, and modification of wireless communication facilities, it is the intent of this chapter to establish procedural standards for the exercise of such authority so as to streamline and facilitate the construction, collocation, or modification of such facilities, including the placement of new or additional wireless facilities on existing wireless support structures. It is not the intent of this chapter to limit or preempt the scope of a local government's review of zoning, land use, or permitting applications for the siting of wireless facilities or wireless support structures or to require a local government to exercise its zoning power.

36-66B-3. As used in this chapter, the term:
(1) 'Accessory equipment' means any equipment serving or being used in conjunction with a wireless facility or wireless support structure and includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, and storage sheds, shelters, or similar structures. (2) 'Antenna' means communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services. (3) 'Application' means a formal request submitted to the local governing authority to construct, collocate, or modify a wireless support structure or a wireless facility. (4) 'Collocate' or 'collocation' means the placement or installation of new wireless facilities on previously approved and constructed wireless support structures, including monopoles and towers, both self-supporting and guyed, in a manner that negates the need to construct a new freestanding wireless support structure. Such term includes the placement of accessory equipment within an existing equipment compound. (5) 'Complete application' means an application containing all documents, information, and fees specifically enumerated in or required by the local governing authority's regulations, ordinances, and forms pertaining to the location, construction, collocation, modification, or operation of wireless facilities. (6) 'Equipment compound' means an area surrounding or adjacent to the base of a wireless support structure within which accessory equipment is located.

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(7) 'Local governing authority' means a municipality or county that has adopted land use or zoning regulations for all or the majority of land uses within its jurisdiction or has adopted separate regulations pertaining to the location, construction, collocation, modification, or operation of wireless facilities. (8) 'Modification' or 'modify' means the improvement, upgrade, expansion, or replacement of existing wireless facilities on an existing wireless support structure or within an existing equipment compound, provided such improvement, upgrade, expansion, or replacement does not increase the height of the wireless support structure or increase the dimensions of the equipment compound. (9) 'Registry' means any official list, record, or register maintained by a local governing authority of wireless facilities, equipment compounds, or wireless support structures. (10) 'Utility' means any person, corporation, municipality, county, or other entity, or department thereof or entity related or subordinate thereto, providing retail or wholesale electric, data, cable, or telecommunications services. (11) 'Wireless facility' means the set of equipment and network components, exclusive of the underlying wireless support structure, including antennas, transmitters, receivers, base stations, power supplies, cabling, and accessory equipment, used to provide wireless data and wireless telecommunication services. (12) 'Wireless support structure' means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing or alternative structure designed to support or capable of supporting wireless facilities. Such term shall not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

36-66B-4. (a) Applications for collocation or modification of a wireless facility entitled to streamlined processing under this Code section shall be reviewed for conformance with applicable site plan and building permit requirements, including zoning and land use conformity, but shall not otherwise be subject to the issuance of additional zoning, land use, or special use permit approvals beyond the initial zoning, land use, or special permit approvals issued for such wireless support structure or wireless facility. The intent of this Code section is to allow previously approved wireless support structures and wireless facilities to be modified or collocations thereto to be accepted without additional zoning or land use review beyond that which is typically required by the local governing authority for the issuance of building or electrical permits. (b) The streamlined process set forth in subsection (a) of this Code section shall apply to applications for proposed modifications and to applications for proposed collocations that meet the following requirements:
(1) The proposed modification or collocation shall not increase the overall height or width of the wireless support structure to which the wireless facilities are to be attached;

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(2) The proposed modification or collocation shall not increase the dimensions of the equipment compound initially approved by the local governing authority; (3) The proposed modification or collocation shall comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and (4) The proposed modification or collocation shall not exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state. (c) A local governing authority's review of an application to modify or collocate wireless facilities on an existing wireless support structure shall not include an evaluation of the technical, business, or service characteristics of such proposed wireless facilities. A local governing authority shall not require an applicant to submit radio frequency analyses or any other documentation intended to demonstrate the proposed service characteristics of the proposed wireless facilities, to illustrate the need for such wireless facilities, or to justify the business decision to collocate such wireless facilities; provided, however, that the local governing authority may require the applicant to provide a letter from a radio frequency engineer certifying the applicant's proposed wireless facilities will not interfere with public safety emergency communications. (d) Within 90 calendar days of the date an application for modification or collocation of wireless facilities is filed with the local governing authority, unless another date is specified in a written agreement between the local governing authority and the applicant, the local governing authority shall: (1) Make its final decision to approve or disapprove the application; and (2) Advise the applicant in writing of its final decision. (e) Within 30 calendar days of the date an application for modification or collocation is filed with the local governing authority, the local governing authority shall determine if it is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 90 calendar day review period set forth in subsection (d) of this Code section. Information requested to complete the application may only include the documents, information, and fees specifically enumerated in the local governing authority's regulations, ordinances, and forms pertaining to the location, construction, collocation, modification, or operation of wireless facilities.

36-66B-5. (a) Within 150 calendar days of the date an application for a new wireless support structure is filed with the local governing authority, unless another date is specified in a written agreement between the local governing authority and the applicant, the local governing authority shall:

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(1) Make its final decision to approve or disapprove the application; and (2) Advise the applicant in writing of its final decision. (b) Within 30 calendar days of the date an application for a new wireless support structure is filed with the local governing authority, the local governing authority shall determine if it is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the calendar day review period set forth in subsection (a) of this Code section. Information requested to complete the application may only include the documents, information, and fees specifically enumerated in the local governing authority's existing regulations, ordinances, and forms pertaining to the location, construction, collocation, modification, or operation of wireless facilities.

36-66B-6. In the regulation of the placement or construction of any new wireless facility or wireless support structure, a local governing authority shall not:
(1) Condition the approval of any application for a new wireless support structure on a requirement that a modification or collocation to such structure be subject to a review that is inconsistent with the requirements of Code Section 36-66B-4; (2) Require the removal of existing wireless support structures or wireless facilities as a condition to approval of an application for a new wireless facility or wireless support structure unless such existing wireless support structure or wireless facility is abandoned and owned by the applicant; or (3) Require the applicant to place an antenna or other wireless communications equipment on publicly owned land or on a publicly or privately owned water tank, building, or electric transmission tower as an alternative to the location proposed by the applicant.

36-66B-7. A local governing authority shall not:
(1) Charge an applicant a zoning, permitting, or other fee for review or inspection of a new or existing wireless facility or wireless support structure in an amount greater than the amount authorized by subsection (a) of Code Section 48-13-9; (2) Charge an applicant a zoning, permitting, or other fee for review or inspection of a collocation or modification in excess of $500.00; (3) Seek reimbursement from the applicant for any application fees, consultation fees, registry fees, or audit fees with respect to a wireless facility or wireless support structure that are based on a contingency fee arrangement; or (4) Charge a wireless service provider or wireless infrastructure provider any rental, license, or other fees in excess of the fair market value for rental or use of similarly

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situated property to renew or extend the term of a lease or other agreement for a wireless facility or wireless support structure on such local governing authority's property."

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

Approved April 21, 2014.

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INSURANCE STATE GOVERNMENT PROHIBIT SOLICITATION, RELEASE, AND SALE OF AUTOMOBILE ACCIDENT INFORMATION.

No. 570 (House Bill No. 828).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit the solicitation, release, or sale of automobile accident information; to provide for definitions; to provide for exceptions; to provide for penalties; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to change certain provisions relating to written authorization to obtain motor vehicle accident reports; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by repealing Code Section 33-24-53, relating to prohibition of compensation for referrals or recommendations to attorneys and penalties, in its entirety and by enacting a new Code Section 33-24-53 to read as follows:
"33-24-53. (a) As used in this Code section, the term:
(1) 'Capper,' 'runner,' or 'steerer' means a person who receives a pecuniary benefit from a practitioner or health care service provider, whether directly or indirectly, to solicit, procure, or attempt to procure a client, patient, or customer at the direction or request of, or in cooperation with, a practitioner or health care service provider whose purpose is to obtain benefits under a contract of insurance or to assert a claim against an insured or an

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insurer for providing services to the client, patient, or customer. Capper, runner, or steerer shall not include:
(A) Any insurance company or agent or employee thereof who provides referrals or recommendations to its insureds; or (B) A practitioner or health care service provider who procures clients, patients, or customers through the use of public media or by referrals or recommendations from other practitioners or health care service providers. (2) 'Practitioner' means an attorney, health care professional, owner or partial owner of a health care practice or facility, or any person employed or acting on behalf of any of the individuals in this paragraph. (3) 'Public media' means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient, or customer. (b) Except as provided for in paragraph (5) of subsection (a) of Code Section 50-18-72, it is unlawful for any person in an individual capacity or in a capacity as a law enforcement officer, law enforcement records staff member, wrecker services staff member, emergency staff member, physician, hospital employee, or attorney to solicit, release, or sell any information relating to the parties of a motor vehicle collision for personal financial gain. This subsection shall not apply to mass public media advertisement and solicitation. (c) It is unlawful for: (1) Any person in an individual capacity or in a capacity as a public or private employee or any firm, corporation, partnership, or association to act as a capper, runner, or steerer for any practitioner or health care service provider. This paragraph shall not prohibit an attorney or health care provider from making a referral and receiving compensation as is permitted under applicable professional rules of conduct; and (2) Any practitioner or health care service provider to compensate or give anything of value to a person acting as a capper, runner, or steerer. It is also unlawful for any capper, runner, or steerer to recommend or secure a practitioner's or health care service provider's employment by a client, patient, or customer if such practitioner or health care service provider obtains or intends to obtain benefits under a contract of insurance or asserts a claim against an insured or an insurer for providing services to the client, patient, or customer. (d) Any natural person convicted of a violation of this Code section shall, on the first offense, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment of not less than 30 days and a fine not to exceed $1,000.00. Any natural person convicted of a second or subsequent violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not more than ten years and by a fine of not more than $100,000.00 per violation."

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SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, is amended by revising paragraph (5) of subsection (a) as follows:
"(5) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided, further, that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a party to the accident; (B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident; (F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident; (H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; provided, however, that such representative submits a statement affirming that the use of such accident report is in compliance with Code Section 33-24-53. Any person who knowingly makes a false statement in requesting such accident report shall be guilty of a violation of Code Section 16-10-20; (J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, that this subparagraph shall apply only to accident reports on accidents that occurred more than 60 days prior to the request and which shall have the name, street address, telephone number, and driver's license number redacted; or

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(K) Is a governmental official, entity, or agency, or an authorized agent thereof, requesting reports for the purpose of carrying out governmental functions or legitimate governmental duties;"

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

Approved April 21, 2014.

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BANKING AND FINANCE EXCEPTION TO MORTGAGE LOAN ORIGINATOR LICENSING REQUIREMENTS.

No. 571 (House Bill No. 750).

AN ACT

To amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide for an exemption to mortgage loan originator licensing requirements for employees of certain nonprofit corporations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by revising Code Section 7-1-1001, relating to exemptions from licensing requirements of mortgage brokers and mortgage lenders, as follows:
"7-1-1001. (a) The following persons shall not be required to obtain a mortgage loan originator, mortgage broker, or mortgage lender license and shall not be subject to the provisions of this article but may be subject to registration requirements, unless otherwise provided by this article:
(1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured;

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(2) Any wholly owned subsidiary of any lender described in paragraph (1) of this subsection. Any subsidiary that violates any applicable law of this article may be subject to a cease and desist order as provided for in Code Section 7-1-1018; (2.1) Any wholly owned subsidiary of any bank holding company; provided, however, that such subsidiary shall be subject to registration requirements in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.3; (3) Registered mortgage loan originators, when acting for an entity described in paragraph (1) or (2) of this subsection. To qualify for this exemption, an individual shall be registered with and maintain a unique identifier through registration with the Nationwide Mortgage Licensing System and Registry; (4) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of such individual. For purposes of this exemption, the term 'immediate family member' means a spouse, child, sibling, parent, grandparent, or grandchild. Immediate family members shall include stepparents, stepchildren, stepsiblings, and adoptive relationships; (5) An attorney licensed to practice law in Georgia who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator; (6) A Georgia licensed real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans or a Georgia licensed real estate salesperson providing information to a lender or its agent related to an existing or potential short sale transaction in which a separate fee is not received by such real estate broker or real estate salesperson; however, such real estate broker or real estate salesperson who directly or indirectly negotiates, places, or finds a mortgage for others shall not be exempt from the provisions of this article; (7) Any person performing any act relating to mortgage loans under order of any court; (8) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property; (9) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of

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Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Farm Credit Administration and its chartered agricultural credit associations; (10) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that serves as the individual's residence; (11) Any person who makes a mortgage loan to an employee of such person as an employment benefit; (12) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less; (13) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; (14) A natural person employed by a licensed or registered mortgage broker, a licensed or registered mortgage lender, or any person exempted from the mortgage broker or mortgage lender licensing requirements of this article when acting within the scope of employment and under the supervision of the mortgage broker or mortgage lender or exempted person as an employee and not as an independent contractor, except those natural persons exempt from licensure as a mortgage broker or mortgage lender under paragraph (17) of this subsection. To be exempt from licensure as a mortgage broker or mortgage lender, a natural person shall be employed by only one such employer and shall be at all times eligible for employment in compliance with the provisions and prohibitions of Code Section 7-1-1004. Such natural person, who meets the definition of mortgage loan originator provided in paragraph (22) of Code Section 7-1-1000, shall be subject to mortgage loan originator licensing requirements. A natural person against whom a cease and desist order has become final shall not qualify for this exemption while under the employment time restrictions of subsection (o) of Code Section 7-1-1004 if such order was based on a violation of Code Section 7-1-1002 or 7-1-1013 or whose license was revoked within five years of the date such person was hired; (15) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans; (16) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article;
(17)(A) A natural person otherwise required to be licensed as a mortgage lender or mortgage broker, who is under an exclusive written independent contractor agreement with any person that is a wholly owned subsidiary of a financial holding company or bank holding company, savings bank holding company, or thrift holding company, which subsidiary also meets the following requirements, subject to the review and approval of the department:
(i) The subsidiary has provided an undertaking of accountability supported by a surety bond equal to the lesser of $1 million or $50,000.00 per exempt person, to cover all of its persons exempted by this paragraph, that includes full and direct

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financial responsibility for the mortgage broker activities of each such exempted person, and also provides for the education of the exempt persons, the handling of consumer complaints related to the exempt persons, and the supervision of the mortgage broker activities of the exempt persons; (ii) The subsidiary has applied for and been granted a mortgage broker or mortgage lender license, consistent with the provisions of this article and renewable annually; and (iii) The subsidiary has paid applicable fees for this license, which license fees shall be the lesser of one-half of the sum of the cost of the individual licenses or $100,000.00. (B) To maintain the exemption, a natural person shall: (i) Solicit, process, place, or negotiate a mortgage loan to be made only by the licensed subsidiary or its affiliate; and (ii) Be at all times in compliance with the provisions and prohibitions of Code Section 7-1-1013 and the provisions and prohibitions applicable to employees under Code Section 7-1-1004. (C) For purposes of this paragraph, the term 'financial holding company' means a financial holding company as defined in the Bank Holding Company Act of 1956, as amended. (D) The commissioner shall provide by rule or regulation for the implementation of this paragraph; or (18)(A) An employee of a bona fide nonprofit corporation who acts as a mortgage loan originator only with respect to his or her work duties with the bona fide nonprofit corporation and who acts as a mortgage loan originator only with respect to mortgage loans with terms that are favorable to the borrower shall be exempt from obtaining a mortgage loan originator license. In order for a corporation to be considered a bona fide nonprofit corporation under this paragraph, the department shall determine, under criteria and pursuant to processes established by the department, that the nonprofit corporation: (i) Has the status of a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986; (ii) Promotes affordable housing; (iii) Conducts its activities in a manner that serves public or charitable purposes, rather than commercial purposes; (iv) Receives funding and revenue and charges fees in a manner that does not incentivize it or its employees to act other than in the best interests of its clients; (v) Compensates its employees in a manner that does not incentivize employees to act other than in the best interests of its clients; (vi) Provides or identifies for the borrower mortgage loans with terms favorable to the borrower and comparable to mortgage loans and housing assistance provided under government housing assistance programs. In order for mortgage loans to have

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terms that are favorable to the borrower, the department shall determine that the terms are consistent with loan origination in a public or charitable context, rather than in a commercial context; and (vii) Satisfies the exemption from licensure set forth in paragraph (13) of this subsection. (B) The department shall periodically examine the books and activities of an organization it has previously identified as a bona fide nonprofit corporation for purposes of this paragraph in order to determine if it continues to meet the criteria for such status under subparagraph (A) of this paragraph. In conducting such an examination, the department shall have all of the powers set forth in Code Section 7-1-1009. In the event the nonprofit corporation no longer qualifies for such status, then the employee exemption from having a mortgage loan originator license shall no longer be applicable. (b) Exemptions enumerated in paragraphs (1), (2), (2.1), (7), (8), (9), (11), (12), (13), (14), (15), (16), and (17) of subsection (a) of this Code section shall be exemptions from licensure as a mortgage broker or mortgage lender only. Nothing in paragraphs (1), (2), (2.1), (7), (8), (9), (11), (12), (13), (14), (15), (16), and (17) of subsection (a) of this Code section shall be intended to exempt natural persons from compliance with mortgage loan originator licensing requirements as set forth in this article and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Individuals that transact business as a mortgage loan originator, unless specifically exempted by paragraph (3), (4), (5), (6), (10), or (18) of subsection (a) of this Code section, shall obtain a mortgage loan originator license as required by Code Section 7-1-1002 whether they are employed by a mortgage broker, mortgage lender, or person exempted as a mortgage broker or lender as set forth in this subsection."

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

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

Approved April 21, 2014.

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COURTS CRIMINAL PROCEDURE PENAL INSTITUTIONS CRIME OF HOME INVASION.

No. 574 (House Bill No. 770).

AN ACT

To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions of the juvenile code, so as to provide for the crime of home invasion in the first degree to be a class A designated felony act and the crime of home invasion in the second degree to be a class B designated felony act; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to create the crimes of home invasion in the first degree and home invasion in the second degree; to provide for penalties; to provide that the crime of home invasion in any degree shall be a forcible felony in relation to the possession of firearms by convicted felons and first offender probationers; to provide for a minimum period of confinement for persons who have a prior conviction for the crime of home invasion in any degree; to provide that it is unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or firearm equipped with a silencer during the commission or the attempted commission of the crime of home invasion in any degree; to provide that a motor vehicle, tool, or weapon used or intended for use in any manner in the commission of or to facilitate the commission of a home invasion shall be subject to forfeiture; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that the offense of home invasion in the first degree shall be bailable only before a judge of the superior court; to provide that a defendant who pleads nolo contendere or guilty or is convicted of the crime of home invasion shall not be allowed to surrender voluntarily to the county jail or correctional institution; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that a victim of a crime relating to the offense of home invasion in any degree shall be notified of impending release of the offender from imprisonment as provided in Code Section 42-1-11 of the Official Code of Georgia Annotated; to provide for definitions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions of the juvenile code, is amended by adding a new subparagraph to paragraph (12) to read as follows:
"(G.1) Home invasion in the first degree;"

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SECTION 2. Said Code section is further amended by adding a new subparagraph to paragraph (13) to read as follows:
"(F.1) Home invasion in the second degree;"

SECTION 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Chapter 7, relating to damage and intrusion upon property, by adding a new article to read as follows:

"ARTICLE 1A

16-7-5. (a) As used in this Code section, the term 'dwelling' shall have the same meaning as provided in Code Section 16-7-1. (b) A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein. (c) A person commits the offense of home invasion in the second degree when, without authority and with intent to commit a forcible misdemeanor therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein. (d) A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00. A person convicted of the offense of home invasion in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00. (e) Adjudication of guilt or imposition of sentence for home invasion in any degree may be probated at the discretion of the judge; provided, however, that such sentence shall not be suspended, deferred, or withheld. (f) A sentence imposed under this Code section may be imposed separately from and consecutive to a sentence for any other offense related to the act or acts establishing the offense under this Code section."

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SECTION 4. Said title is further amended in Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, by revising subsection (e) 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; home invasion in any degree; 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 5. Said title is further amended in Code Section 16-11-133, relating to minimum periods of confinement for persons convicted who have prior convictions, by revising subsection (b) as follows:
"(b) Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, armed robbery, home invasion in any degree, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's reach of his or her person a firearm during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another; (2) The unlawful entry into a building or vehicle; (3) A theft from a building or theft of a vehicle; (4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or (5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31, and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received."

SECTION 6. Said title is further amended in Code Section 16-11-160, relating to the use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms with silencers during the commission of certain offenses, by adding a new subparagraph to paragraph (1) of subsection (a) to read as follows:
"(D.1) Home invasion in any degree as defined in Code Section 16-7-5;"

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SECTION 7. Said title is further amended by revising Code Section 16-16-1, relating to definitions for forfeiture, 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. (3) 'Home invasion' means the offense defined in Code Section 16-7-5 in any degree."

SECTION 8. Said title is further amended in Code Section 16-16-2, relating to forfeiture, by revising subsections (a) and (c) and paragraph (1) of subsection (e) 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, home invasion, 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, home invasion, 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 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." "(c) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that the burglary, home invasion, or armed robbery was committed, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this chapter, law enforcement officers seizing such property shall: (1) Place the property under seal; (2) Remove the property to a place designated by the judge of the superior court having jurisdiction over the forfeiture as set out in this subsection; or

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(3) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law." "(e)(1) When property is forfeited under this chapter, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that the burglary, home invasion, or armed robbery was committed may dispose of the property by issuing an order to:
(A) Retain it for official use by any agency of this state or any political subdivision thereof; (B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including but not limited to the expenses of seizure, maintenance of custody, advertising, and court costs; or (C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law."

SECTION 9. Title 17 of the Official Code of Georgia Annotated, relating criminal procedure, is amended in Code Section 17-6-1, relating to offenses which are bailable only before a judge of the superior court, by revising subsections (a) and (g) as follows:
"(a) The following offenses are bailable only before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (5.1) Home invasion in the first degree; (6) Aircraft hijacking and hijacking a motor vehicle; (7) Aggravated child molestation; (8) Aggravated sexual battery; (9) Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; (10) Violating Code Section 16-13-31 or Code Section 16-13-31.1; (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; (12) Aggravated stalking; and (13) Violations of Chapter 15 of Title 16."

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"(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, home invasion in any degree, aggravated child molestation, child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies."

SECTION 10. Said title is further amended in Code Section 17-10-9.1, relating to voluntary surrender to county jail or correctional institution, by adding a new paragraph to subsection (a) to read as follows:
"(5.1) Home invasion in any degree;"

SECTION 11. Title 42 of the Official Code of Georgia Annotated, relating penal institutions, is amended in Code Section 42-1-11, relating to notification of crime victims of impending release of offender from imprisonment, by revising paragraph (1) of subsection (a) as follows:
"(1) 'Crime' means an act committed in this state which constitutes any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relating to sexual offenses; Article 1, Article 1A, or Article 3 of Chapter 7 of Title 16, relating to burglary, home invasion, and arson; or Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery."

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved April 21, 2014.

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CRIMES AND OFFENSES EDUCATION COURTS MOTOR VEHICLES AND TRAFFIC CARRYING WEAPONS WITHIN CERTAIN SCHOOL SAFETY ZONES AND AT SCHOOL FUNCTIONS; STUDENT CODES OF CONDUCT AND SAFETY RULES ON SCHOOL BUSES.

No. 575 (House Bill No. 826).

AN ACT

To amend Article 4 of Chapter 11 of Title 16 and Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices and public school disciplinary tribunals, respectively, so as to change provisions relating to carrying weapons within certain school safety zones and at school functions; to provide for and change definitions; to change provisions relating to exemptions for carrying weapons within school safety zones; to provide for weapons carry licenses to be carried and exhibited on demand; to change provisions relating to expulsion and disciplinary policy for students bringing weapons to school; to change provisions relating to student codes of conduct and safety rules on school buses; to amend Chapter 11 of Title 15, Title 16, Chapter 2 of Title 20, and Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the Juvenile Code, crimes and offenses, elementary and secondary education, and persons not to be licensed, minimum ages for licensees, and school attendance requirements, respectively, so as to correct cross-references; to change provisions relating to carrying weapons in unauthorized locations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by revising Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"16-11-127.1. (a) As used in this Code section, the term:
(1) 'Bus' means: (A) A motor vehicle operated for the transportation of children to and from school or school activities. Such term shall not include a privately owned motor vehicle with a capacity of 15 persons or less operated for the transportation of children to and from

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school activities if such motor vehicle is not being operated by an employee or independent contractor of a school; or (B) A motor vehicle operated by a local transit system which meets the equipment and identification requirements of Code Section 40-8-115; provided, however, that such motor vehicle shall be a bus only while transporting children or children and employees or independent contractors of a school to or from school or school activities. (2) 'Dangerous weapon' shall have the same meaning as set forth in Code Section 16-11-121. (3) 'Firearm' means a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (4) 'Fireworks' shall have the same meaning as set forth in Code Section 25-10-1. (5) 'Machine gun' shall have the same meaning as set forth in Code Section 16-11-121. (6) 'Peace officer' shall have the same meaning as set forth in Code Section 35-8-2. (7) 'School' means a public or private educational program or institution instructing children at any level, pre-kindergarten through twelfth grade. (8) 'School safety zone' means in or on any real property or building owned by or leased to any school or postsecondary institution. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or on a bus or other transportation furnished by a school any firearm or explosive compound, other than fireworks. (2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. (3) Any person convicted of a violation of this subsection involving a dangerous weapon or machine gun shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (4) A child who violates this subsection may be subject to the provisions of Code Section 15-11-601. (5) This subsection shall not apply to any firearm used for classroom work authorized by a teacher. (c) The provisions of this Code section shall not apply to: (1) Participants in organized sport shooting events or firearm training courses; (2) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (3) Persons participating in law enforcement training conducted by a police academy certified by the Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof; (4) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:

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(A) A peace officer; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; (E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and (F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; (5) A person who has been authorized in writing by a duly authorized official of a school, local board of education, or postsecondary institution to have in such person's possession or use within a school safety zone or on a bus or other transportation furnished by a school a firearm which would otherwise be prohibited by this Code section. Such authorization shall specify the type of firearms which have been authorized and the time period during which the authorization is valid; (6) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she is within a school safety zone or on a bus or other transportation furnished by a school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any firearm legally kept within a vehicle when such vehicle is parked within a school safety zone or is in transit through a designated school safety zone; (7) A firearm possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age within a school safety zone or on a bus or other transportation furnished by a school, or when such vehicle is used to transport someone to an activity being conducted within a school safety zone which has been authorized by a duly authorized official as provided by paragraph (5) of this subsection; provided, however, that this exception shall not apply to a student attending a school; (8) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the firearm is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (9) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a firearm; (10) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a firearm; (11) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide

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Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation; (12) Public safety directors of municipal corporations; (13) State and federal trial and appellate judges; (14) United States attorneys and assistant United States attorneys; (15) Clerks of the superior courts; (16) Teachers and other personnel who are otherwise authorized to possess or carry firearms, provided that any such firearm is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle; or (17) Constables of any county of this state. (d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a firearm within a school safety zone; provided, however, that it shall be unlawful for any such person to carry, possess, or have under such person's control while on a bus or other transportation furnished by a school any firearm or explosive compound, other than fireworks. (2) Any person who violates this subsection shall, upon conviction, be subject to the penalties specified in subsection (b) of this Code section. (e) It shall be no defense to a prosecution for a violation of this Code section that: (1) A school or postsecondary institution was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school or postsecondary institution purposes at the time of the offense; or (3) The offense took place on a bus or other transportation furnished by a school. (f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area of the real property of a school or the area of any postsecondary institution, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.

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(g) A county school board may adopt regulations requiring the posting of signs designating the areas of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'"

SECTION 1-2. Said article is further amended by adding a new Code section to read as follows:
"16-11-137. (a) Every license holder shall have his or her valid weapons carry license in his or her immediate possession at all times when carrying a weapon, or if such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, he or she shall have proof of his or her exemption in his or her immediate possession at all times when carrying a weapon, and his or her failure to do so shall be prima-facie evidence of a violation of the applicable provision of Code Sections 16-11-126 through 16-11-127.2. (b) A person convicted of a violation of this Code section shall be fined no more than $10.00 if he or she produces in court his or her weapons carry license, provided that it was valid at the time of his or her arrest, or produces proof of his or her exemption."

SECTION 1-3. Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, is amended by revising Code Section 20-2-751, relating to definitions, as follows:
"20-2-751. As used in this subpart, the term:
(1) 'Dangerous weapon' shall have the same meaning as set forth in Code Section 16-11-121. (2) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester. (3) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-127.1. (4) 'Hazardous object' means any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any instrument of like kind, any nonlethal air gun, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. Such term shall not include any of these instruments used for classroom work authorized by the teacher.

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(5) 'Long-term suspension' means the suspension of a student from a public school for more than ten school days but not beyond the current school quarter or semester. (6) 'Short-term suspension' means the suspension of a student from a public school for not more than ten school days."

SECTION 1-4. Said subpart is further amended by revising Code Section 20-2-751.1, relating to expulsion and disciplinary policy for students bringing weapons to school, as follows:
"20-2-751.1. (a) Each local board of education shall establish a policy, pursuant to this subpart, regarding a student's possession of a firearm, dangerous weapon, or hazardous object at school. With respect to a student who is determined to have possessed a firearm or dangerous weapon at school, such policy shall require expulsion from school for a period of not less than one calendar year; provided, however, that a hearing officer, tribunal, panel, administrator, superintendent, or local board of education shall have the authority to modify such expulsion requirement on a case-by-case basis. (b) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a firearm, dangerous weapon, or hazardous object to school in an alternative educational setting. (c) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act."

SECTION 1-5.
Said subpart is further amended by revising paragraph (12) of subsection (a) of Code Section
20-2-751.5, relating to student codes of conduct and safety rules on school buses, as follows: "(12) Possession of a firearm, as provided for in Code Section 16-11-127.1, and possession of a dangerous weapon or hazardous object;"

PART II SECTION 2-1.

Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising subparagraph (N) of paragraph (13) of Code Section 15-11-2, relating to definitions for juvenile proceedings, as follows:
"(N) An act which constitutes a violation of Code Section 16-11-127.1; or"

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SECTION 2-2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (i) of Code Section 16-5-21, relating to aggravated assault, as follows:
"(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."

SECTION 2-3. Said title is further amended by revising subsection (g) of Code Section 16-5-24, relating to aggravated battery, as follows:
"(g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."

SECTION 2-4. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 16-5-44.1, relating to highjacking a motor vehicle, as follows:
"(3) 'Weapon' means an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death or any replica, article, or device having the appearance of such a weapon including, but not limited to, any object defined as a hazardous object by Code Section 20-2-751 or as a dangerous weapon by Code Section 16-11-121."

SECTION 2-5. Said title is further amended by revising the introductory language of subsection (b) and subsection (c) of Code Section 16-11-127, relating to carrying weapons in unauthorized locations and penalty, as follows:
"(b) Except as provided in Code Section 16-11-127.1 and subsection (d) of this Code section, a person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:" "(c) A license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property,

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except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages."

SECTION 2-6. Said title is further amended by revising subsection (c) of Code Section 16-11-127.2, relating to weapons on premises of nuclear power facility, as follows:
"(c) This Code section shall not apply to a security officer authorized to carry dangerous weapons pursuant to Code Section 16-11-124 who is acting in connection with his or her official duties on the premises of a federally licensed nuclear power facility; nor shall this Code section apply to persons designated in paragraph (2), (3), (4), or (8) of subsection (c) of Code Section 16-11-127.1."

SECTION 2-7. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows:
"(5) Knowingly and willfully provides to a minor any firearm as defined in Code Section 16-11-127.1, any dangerous weapon as defined in Code Section 16-11-121, or any hazardous object as defined in Code Section 20-2-751 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or"

SECTION 2-8.
Said title is further amended by revising division (g)(2)(A)(ii) and subparagraph (g)(2)(D) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine, as follows:
"(ii) The defendant did not possess or use a firearm, dangerous weapon, or hazardous object during the crime;" "(D) As used in this paragraph, the term: (i) 'Dangerous weapon' shall have the same meaning as set forth in Code Section 16-11-121. (ii) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-127.1. (iii) 'Hazardous object' shall have the same meaning as set forth in Code Section 20-2-751. (iv) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal."

SECTION 2-9. Said title is further amended by revising subparagraph (b)(1)(B) and paragraph (4) of subsection (b) of Code Section 16-13-31.1, relating to trafficking in ecstasy, as follows:

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"(B) The defendant did not possess or use a firearm, dangerous weapon, or hazardous object during the crime;" "(4) As used in this paragraph, the term: (A) 'Dangerous weapon' shall have the same meaning as set forth in Code Section 16-11-121. (B) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-127.1. (C) 'Hazardous object' shall have the same meaning as set forth in Code Section 20-2-751. (D) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal."

SECTION 2-10. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsections (a) and (b) of and adding a new subsection to Code Section 20-2-1180, relating to loitering upon school premises or within a school safety zone, as follows:
"(a) It shall be unlawful for any person to remain in or on any school safety zone in this state or to remain in or on any such school safety zone when such person does not have a legitimate cause or need to be present thereon. Each principal or designee of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who does not have a legitimate need or cause to be present thereon from loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who does not have a legitimate need or cause to be present therein from loitering within the school safety zone. (b) Any person who:
(1) Is present in or on any school safety zone in this state and willfully fails to remove himself or herself from such school safety zone after the principal or designee of such school requests him or her to do so; or (2) Fails to check in at the designated location as required by subsection (c) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature." "(g) As used in this Code section, the term 'school safety zone' shall have the same meaning as set forth in Code Section 16-11-127.1."

SECTION 2-11. Said chapter is further amended by revising subsection (a) of Code Section 20-2-1184, relating to reporting of students committing prohibited acts, as follows:
"(a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or university who has reasonable cause to believe that a student at that school has committed any act

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upon school property or at any school function, which act is prohibited by Code Section 16-5-21 or 16-5-24, Chapter 6 of Title 16, and Code Section 16-11-127, 16-11-127.1, 16-11-132, or 16-13-30, shall immediately report the act and the name of the student to the principal or president of that school or the principal's or president's designee."

SECTION 2-12. Said chapter is further amended by revising subsection (c) of Code Section 20-2-1185, relating to school safety plans, as follows:
"(c) School safety plans prepared by public schools shall address security issues in school safety zones as defined in Code Section 16-11-127.1. School safety plans should also address security issues involving the transportation of pupils to and from school and school functions when such transportation is furnished by the school or school system and school functions held during noninstructional hours."

SECTION 2-13. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements, is amended by revising division (a.1)(2)(C)(iii), as follows:
"(iii) Possession or use of a firearm in violation of Code Section 16-11-127.1 or possession or use of a dangerous weapon as defined in Code Section 16-11-121 but shall not include any part of an exhibit brought to school in connection with a school project;"

PART III SECTION 3-1.

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

Approved April 22, 2014.

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CRIMES AND OFFENSES COURTS STRANGULATION AS AGGRAVATED ASSAULT.

No. 576 (House Bill No. 911).

AN ACT

To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to add provisions regarding strangulation as an

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aggravated assault; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to fix cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by revising Code Section 16-5-21, relating to aggravated assault, as follows:
"16-5-21. (a) As used in this Code section, the term 'strangulation' means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person. (b) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; (3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or (4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (c) Except as provided in subsections (d) through (m) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (d) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (e) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (f)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.

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(2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (g) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (h) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar. (i) A person convicted of an offense described in paragraph (4) of subsection (b) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (j) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (k) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (l) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (m) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. As used in this subsection, the term 'officer of the court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, court interpreter, or probation officer."

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SECTION 2. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising subparagraph (A) of paragraph (12) of Code Section 15-11-2, relating to definitions used in juvenile proceedings, as follows:
"(A) Aggravated assault in violation of paragraph (1), (3), or (4) of subsection (b) or subsection (d), (e), (f), (j), or (m) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, actually does result in serious bodily injury;"

SECTION 3. Said chapter is further amended by revising subparagraph (A) of paragraph (13) of Code Section 15-11-2, relating to definitions used in juvenile proceedings, as follows:
"(A) Aggravated assault in violation of subsection (g), (h), or (k) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, would be likely to result in serious bodily injury but which did not result in serious bodily injury;"

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 22, 2014.
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CRIMES AND OFFENSES COURTS HEALTH LAW ENFORCEMENT OFFICERS AND AGENCIES PENAL INSTITUTIONS SOCIAL SERVICES CRIMINAL PROCEDURE MURDER IN SECOND DEGREE; STATE-WIDE ALERT SYSTEM FOR CERTAIN SUSPECTS; FORMS OF COLLATERAL FOR BONDING COMPANIES; FEES RELATING TO SURETIES.
No. 577 (House Bill No. 271).
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to create the offense of murder in the second degree; to change provisions

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relating to murder; to provide for penalties; to amend Titles 15, 16, and 31, Code Section 35-3-190, Title 42, and Code Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to courts, crimes and offenses, health, the state-wide alert system for unapprehended murder or rape suspects determined to be serious public threats, penal institutions, and records check requirements for the Department of Human Services, respectively, so as to correct cross-references; to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for forms of collateral required for professional bonding companies; to change certain provisions relating to fees for sureties; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsections (c) and (d) and adding a new subsection to Code Section 16-5-1, relating to murder and felony murder, as follows:
"(c) A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice. (d) A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
(e)(1) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life. (2) A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years."

PART II SECTION 2-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (3) of subsection (b) of Code Section 15-1-16, relating to mental health court divisions, as follows:
"(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

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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, murder in the second degree, 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."

SECTION 2-2.
Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 15-11-203, relating to when reasonable efforts by DFCS are not required, as follows:
"(2) Has been convicted of the murder or murder in the second degree of another child of such parent;"

SECTION 2-3. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 15-11-233, relating to termination of parental rights, as follows:
"(3) The court has made a determination that the parent of a child adjudicated as a dependent child has been convicted of:
(A) The murder of another child of such parent; (B) Murder in the second degree of another child of such parent; (C) Voluntary manslaughter of another child of such parent; (D) Voluntary manslaughter of the other parent of such child; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (F) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of such child; or (G) Committing felony assault that has resulted in serious bodily injury to such child or to another child of such parent."

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SECTION 2-4. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 15-11-560, relating to concurrent and original jurisdiction of superior court, as follows:
"(b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(1) Murder; (2) Murder in the second degree; (3) Voluntary manslaughter; (4) Rape; (5) Aggravated sodomy; (6) Aggravated child molestation; (7) Aggravated sexual battery; or (8) Armed robbery if committed with a firearm."

SECTION 2-5. 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; murder in the second degree; 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 2-6. Said title is further amended by revising subsection (b) of Code Section 16-11-133, relating to minimum periods of confinement for persons convicted who have prior convictions, as follows:
"(b) Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, murder in the second degree, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's reach of his or her person a firearm during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another; (2) The unlawful entry into a building or vehicle; (3) A theft from a building or theft of a vehicle;

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(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or (5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31, and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received."

SECTION 2-7. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 16-12-1.1, relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations, as follows:
"(5) A violation of Code Section 16-5-1;"

SECTION 2-8. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subparagraph (a)(2)(A) of Code Section 31-2-9, relating to records check requirement for certain facilities, as follows:
"(A) A violation of Code Section 16-5-1;"

SECTION 2-9. Said title is further amended by revising subparagraph (H) of paragraph (2) of Code Section 31-7-250, relating to definitions for facility licensing and employee records checks, as follows:
"(H) A violation of Code Section 16-5-1;"

SECTION 2-10. Code Section 35-3-190 of the Official Code of Georgia Annotated, relating to the state-wide alert system for unapprehended murder or rape suspects determined to be serious public threats, is amended by revising subsection (c) as follows:
"(c) The director shall develop and implement a state-wide alert system to be activated when a suspect for the crime of murder, felony murder, or murder in the second degree as defined in Code Section 16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public."

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SECTION 2-11. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-5-85, relating to leave privileges of inmates serving murder sentences, as follows:
"42-5-85. (a) As used in this Code section, the term:
(1) 'Aggravating circumstance' means that: (A) The murder was committed by a person with a prior record of conviction for a capital felony; (B) 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; (C) The offender, by his or her act of murder, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person; (D) The offender committed the murder for himself, herself, or another, for the purpose of receiving money or any other thing of monetary value; (E) The murder of a judicial officer, former judicial officer, district attorney or solicitor-general, or former district attorney, solicitor, or solicitor-general was committed during or because of the exercise of his or her official duties; (F) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person; (G) The murder was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim; (H) The murder was committed against any peace officer, corrections employee, or firefighter while engaged in the performance of his or her official duties; (I) The murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or (J) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement of himself, herself, or another.
(2) 'Murder' means a violation of Code Section 16-5-1. (b) No special leave, emergency leave, or limited leave privileges shall be granted to any inmate who is serving a murder sentence unless the commissioner has approved in writing a written finding by the department that the murder did not involve any aggravating circumstance. (c) The department shall make a finding that a murder did not involve an aggravating circumstance only after an independent review of the record of the trial resulting in the conviction or of the facts upon which the conviction was based."

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SECTION 2-12. Said title is further amended by revising subsection (g) of Code Section 42-9-45, relating to general rule-making power, as follows:
"(g) No inmate serving a sentence for murder, murder in the second degree, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery shall be released on parole for the purpose of regulating jail or prison populations."

SECTION 2-13. Code Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to records check requirements for the Department of Human Services, is amended by revising subparagraph (a)(2)(A) as follows:
"(A) A violation of Code Section 16-5-1;"

PART III SECTION 3-1.

Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by revising subparagraph (b)(1)(E) of Code Section 17-6-15, relating to the necessity for commitment where bail tendered and accepted, as follows:
"(E) Establishment of a cash escrow account or other form of collateral as follows: (i) For any professional bonding company that is new to the county or that has operated continuously in the county for less than 18 months, in an amount and upon terms and conditions as determined and approved by the sheriff; (ii) Once a professional bonding company has operated continuously for 18 months or longer in the county, then any such cash escrow account or other form of collateral shall not exceed 10 percent of the current outstanding bail bond liability of the professional bonding company; and (iii) No professional bonding company shall purchase an insurance policy in lieu of establishing a cash escrow account or posting other collateral; provided, however, that any professional bonding company which was using an insurance policy as collateral as of December 31, 2013, may continue to do so at the discretion of the sheriff."

SECTION 3-2 Said chapter is further amended by revising subsection (a) of Code Section 17-6-30, relating to fees of sureties, as follows:
"(a) Sureties on criminal bonds in any court shall not charge or receive more than 15 percent of the face amount of the bond set, which amount includes the principal and all applicable surcharges, as compensation from defendants or from anyone acting for defendants; provided, however, that a surety may charge and receive a minimum of $50.00 per bonded charge or offense as compensation, regardless of whether such compensation exceeds 15 percent of the face amount of any bond set."

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PART IV SECTION 4-1.

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

Approved April 22, 2014.

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COURTS STATE GOVERNMENT CLARIFY INFORMATION PROVIDED FOR STATE-WIDE AND COUNTY MASTER JURY LISTS; ELIGIBILITY FOR JURY SERVICE.

No. 578 (House Bill No. 776).

AN ACT

To amend Title 15, Code Sections 21-2-231, 31-2A-4, 35-3-33, and 40-5-2, and Title 42 of the Official Code of Georgia Annotated, relating to courts, lists of persons convicted of felonies, persons identified as noncitizens, persons declared mentally incompetent, and deceased persons, the Department of Public Health's obligation to safeguard and promote the health of people of this state, the powers and duties of the Georgia Crime Information Center, keeping of records or applications for driver's licenses and information on licenses and furnishing such information, and penal institutions, respectively, so as to clarify information to be provided in order to compile state-wide master jury lists and county master jury lists; to change and clarify definitions; to change provisions relating to the eligibility of persons to serve on a jury; to require the Department of Public Health, the Department of Corrections, the Georgia Crime Information Center, and the State Board of Pardons and Paroles to provide certain information in order to compile state-wide master jury lists and county master jury lists; to repeal provisions relating to county boards of jury commissioners; to correct cross-references; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as 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:

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

SECTION 2. Said title is further amended by revising paragraph (21) of subsection (a) of Code Section 15-6-61, relating to duties of clerks generally, as follows:
"(21) To keep an automated, computer based jury management system that facilitates the maintenance of the county master jury list pursuant to the provisions of Chapter 12 of this title unless such duty is delegated to a jury clerk as provided in subsection (a) of Code Section 15-12-11 or Code Section 15-12-12."
SECTION 3. Said title is further amended by revising paragraphs (3) and (4) and paragraphs (9) through (11) of Code Section 15-12-1, relating to definitions for juries, as follows:
"(3) 'Clerk' means the clerk of the superior court or a jury clerk if one is appointed pursuant to subsection (a) of Code Section 15-12-11 or Code Section 15-12-12. (4) 'Council' means The Council of Superior Court Clerks of Georgia." "(9) 'State-wide master jury list' means a comprehensive master list that identifies every person of this state who can be determined to be prima facie qualified to serve as a juror. (10) 'Venire' means the list of persons summoned to serve as jurors for a particular term of court."
SECTION 4. Said title is further amended by revising subsection (b) of Code Section 15-12-1.1, relating to exemptions from jury duty, as follows:
"(b) Any person who is 70 years of age or older shall be entitled to request that the clerk excuse such person from jury service in the county. Upon such request, the clerk shall inactivate such person. The request for excusal shall be made to the clerk in writing and

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shall be accompanied by an affidavit providing the person's name, age, and such other information as the clerk may require. The clerk shall make available affidavit forms for the purposes of this subsection."

SECTION 5. Said title is further amended by revising subsection (a) of Code Section 15-12-4, relating to eligibility of person to serve as a juror, as follows:
"(a) Any person who has served as a juror at any session of the superior or state courts shall be ineligible for duty as a juror until the next succeeding county master jury list has been received by the clerk."

SECTION 6. Said title is further amended in Article 1 of Chapter 12, relating to general provisions for juries, by adding a new Code section to read as follows:
"15-12-12. (a) In all counties of this state where the chief superior court judge of the county had the power to appoint a jury clerk on January 1, 2011, the chief judge of the superior court of such counties shall continue to have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court, and the appointments to such positions and the compensation therefor shall be determined by such judge without regard to any other system or rules, such personnel to serve at the pleasure of such judge, and the salaries and expenses thereof and any attendant expenses of administration of the courts are determined to be contingent expenses of court and shall be paid as provided by law for the payment of contingent expenses. The duties of such personnel shall be as prescribed by such judge. (b) All prospective jurors in such counties shall be required to answer questionnaires as may be determined and submitted by the chief superior court judge of such counties concerning their qualifications as jurors. (c) In the event any such person fails or refuses to answer such questionnaire, the clerk shall report such failure or refusal to the court, together with the facts concerning the same, and the court shall have such jurisdiction as is now provided by law for subpoena, attachment, and contempt powers. (d) This Code section shall be in addition and supplemental to other provisions provided by law, with a view toward efficient and orderly handling of jury selection and the administration of justice."
SECTION 7. Said title is further amended by repealing and reserving Article 2 of Chapter 12, relating to the board of jury commissioners.

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SECTION 8. Said title is further amended by revising Code Section 15-12-40.1, relating to state-wide master jury lists, driver's license information, list of registered voters, and random list of person to comprise venire, as follows:
"15-12-40.1. (a) After July 1, 2011, the council shall compile a state-wide master jury list. The council shall facilitate updating of all information relative to jurors on the state-wide master jury list and county master jury lists. (b) After July 1, 2011, upon the council's request, the Department of Driver Services shall provide the council and the Administrative Office of the Courts data showing the full name of all persons who are at least 18 years of age and residents of this state who have been issued a driver's license or personal identification card pursuant to Chapter 5 of Title 40, whether or not such license or identification card is valid or expired. In addition to the person's full name, the Department of Driver Services shall include the person's address, city of residence, date of birth, gender, driver's license or personal identification card number, and, whenever racial and ethnic information is collected by the Department of Driver Services for purposes of voter registration pursuant to Code Section 21-2-221, racial and ethnic information. The Department of Driver Services shall provide the effective date, document issue date, and document expiration date; shall indicate whether the document is a driver's license or a personal identification card; and shall exclude persons whose driver's license has been suspended or revoked due to a felony conviction, whose driver's license has been expired for more than 730 days, or who have been identified as not being citizens of the United States. The Department of Driver Services shall also provide the names and identifying information specified by this subsection of persons convicted in this state or in another state of driving without a license. Such data shall be in electronic format as required by the council. (c) After July 1, 2011, upon request by the council, the Secretary of State shall provide to the council and the Administrative Office of the Courts, without cost, the list of registered voters, including the voter's date of birth, address, gender, race, social security number, driver's license number, and when it is available, the voter's ethnicity. Such list shall exclude persons whose voting rights have been removed. (d) On and after July 1, 2014, each clerk shall obtain its county master jury list from the council. The council shall disseminate, in electronic format, a county master jury list to the respective clerk once each calendar year. The council shall determine the fee to be assessed each county for such list, provided that such fee shall not exceed 3 per name on the list. The council shall invoice each clerk upon the delivery of the county master jury list, and the recipient county shall remit payment within 30 days of the invoice. (e) On and after July 1, 2014, upon request by the council, the Department of Public Health shall provide to the council, without cost, data relating to death certificates for residents of this state for the 15 year period preceding the date of the request. In addition to the deceased person's full name, the data shall include the person's address, including the

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county of residence and ZIP Code, date of birth, gender, and county in which the person died. Such data shall be in electronic format as required by the council. (f) On and after July 1, 2014, upon request by the council, the Department of Corrections, the Georgia Crime Information Center division of the Georgia Bureau of Investigation, and the State Board of Pardons and Paroles shall provide to the council, without cost, a list of the names of all persons who have been convicted of a felony in state or federal court if the person has not had his or her civil rights restored. In addition to the convicted person's full name, the data shall include the person's address, including the county of residence and ZIP Code, date of birth, gender, and race if available. Such data shall be in electronic format as required by the council. (g) After July 1, 2012, in each county, upon court order, the clerk shall choose a random list of persons from the county master jury list to comprise the venire; provided, however, that jurors summoned prior to July 1, 2012, shall remain eligible to comprise the venire."

SECTION 9. Code Section 21-2-231 of the Official Code of Georgia Annotated, relating to lists of persons convicted of felonies, persons identified as noncitizens, persons declared mentally incompetent, and deceased persons, is amended by revising subsections (a) and (g) as follows:
"(a) Unless otherwise notified by the Secretary of State, the Georgia Crime Information Center shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State and The Council of Superior Court Clerks of Georgia a complete list of all persons, including dates of birth, social security numbers, and other information as prescribed by the Secretary of State or The Council of Superior Court Clerks of Georgia, who were convicted of a felony in this state since the preceding reporting period. The Secretary of State or The Council of Superior Court Clerks of Georgia may, by agreement with the commissioner of corrections, obtain criminal information relating to the conviction, sentencing, and completion of sentencing requirements of felonies. Additionally, the Secretary of State and The Council of Superior Court Clerks of Georgia shall be authorized to obtain such criminal information relating to Georgia electors convicted of a felony in another state, if such information is available." "(g) The Secretary of State shall provide to The Council of Superior Court Clerks of Georgia not later than the last day of each month all information enumerated in subsections (b) through (d) of this Code section and Code Section 21-2-232 and a list of voters who have failed to vote and inactive voters, as identified pursuant to Code Sections 21-2-234 and 21-2-235. Such data shall only be used by the council, the council's vendors, superior court clerks, and jury clerks for maintenance of state-wide master jury lists and county master jury lists. Such data shall be provided to the council or its vendors in the electronic format required by the council for such purposes."

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SECTION 10. Code Section 31-2A-4 of the Official Code of Georgia Annotated, relating to the Department of Public Health's obligation to safeguard and promote the health of people of this state, is amended by deleting "and" at the end of paragraph (12), by replacing the period with "; and" at the end of paragraph (13), and by adding a new paragraph to read as follows:
"(14) Provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 15-12-40.1, without charge and in the electronic format requested."

SECTION 11. Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center, is amended in subsection (a) by deleting "and" at the end of paragraph (14), by replacing the period with "; and" at the end of paragraph (15), and by adding a new paragraph to read as follows:
"(16) Provide The Council of Superior Court Clerks of Georgia the data set forth in Code Sections 15-12-40.1 and 21-2-231, without charge and in the electronic format requested."

SECTION 12. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records or applications for licenses and information on licenses and furnishing such information, is amended by revising paragraph (7) of subsection (f) as follows:
"(7) The data required to be made available to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts pursuant to Code Section 15-12-40.1. Such data shall be provided to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts upon request in the electronic format required by the council for such purposes and without any charge for such data; and"

SECTION 13. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-2-5, relating to the administrative functions of the Department of Corrections, as follows:
"42-2-5. (a) The department shall administer the state's correctional institutions and the rehabilitative programs conducted therein. (b) The department shall provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 15-12-40.1, without charge and in the electronic format requested."

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SECTION 14. Said title is further amended by revising Code Section 42-9-20, relating to general duties of the State Board of Pardons and Paroles, by designating the existing Code section as subsection (a) and by adding a new subsection to read as follows:
"(b) The board shall provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 15-12-40.1, without charge and in the electronic format requested."

SECTION 15. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, is amended by revising paragraph (6) of subsection (a) as follows:
"(6) Jury list data, including, but not limited to, persons' names, dates of birth, addresses, ages, race, gender, telephone numbers, social security numbers, and when it is available, the person's ethnicity, and other confidential identifying information that is collected and used by The Council of Superior Court Clerks of Georgia for creating, compiling, and maintaining state-wide master jury lists and county master jury lists for the purpose of establishing and maintaining county jury source lists pursuant to the provisions of Chapter 12 of Title 15; provided, however, that when ordered by the judge of a court having jurisdiction over a case in which a challenge to the array of the grand or trial jury has been filed, The Council of Superior Court Clerks of Georgia, superior court clerk, or jury clerk shall provide data within the time limit established by the court for the limited purpose of such challenge. The Council of Superior Court Clerks of Georgia, superior court clerk, or jury clerk shall not be liable for any use or misuse of such data;"

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

Approved April 22, 2014.

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DOMESTIC RELATIONS CHILD SUPPORT.

No. 579 (Senate Bill No. 282).

AN ACT

To amend Chapter 6 and Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support and the "Child Support Recovery Act," respectively, so as to enact provisions recommended by the Georgia Child Support Commission relating to child support and enforcement of child support orders; to revise

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definitions used in calculating child support; to clarify that worksheets and the calculator determine monthly child support figures; to clarify provisions relating to gross income; to change provisions relating to the duties of the Georgia Child Support Commission; to provide for definitions and correct cross-references relating to the Department of Human Services Bank Match Registry and child support orders; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, is amended by revising paragraphs (1), (3), (6), (18), and (25) of subsection
(a) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows: "(1) Reserved." "(3) 'Basic child support obligation' means the monthly amount of support displayed on the child support obligation table which corresponds to the combined adjusted income and the number of children for whom child support is being determined." "(6) 'Child support obligation table' means the chart in subsection (o) of this Code section." "(18) 'Preexisting order' means: (A) An order in another case that requires a parent to make child support payments for another child, which child support the parent is actually paying, as evidenced by
documentation as provided in division (f)(5)(B)(iii) of this Code section; and (B) That the date and time of filing with the clerk of court of the initial order for each
such other case is earlier than the date and time of filing with the clerk of court of the initial order in the case immediately before the court, regardless of the age of any child in any of the cases." "(25) 'Worksheet' or 'child support worksheet' means the document used to record information necessary to determine and calculate monthly child support. For further reference see subsection (m) of this Code section."

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(b) Process of calculating child support. Pursuant to this Code section, the determination of monthly child support shall be calculated as follows:
(1) Determine the monthly gross income of both the custodial parent and the noncustodial parent. Gross income may include imputed income, if applicable. The determination of monthly gross income shall be entered on the Child Support Schedule A Gross Income;

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(2) Adjust each parent's monthly gross income by deducting the following from the parents' monthly gross income and entering it on the Child Support Schedule B Adjusted Income if any of the following apply:
(A) One-half of the amount of self-employment taxes; (B) Preexisting orders; and (C) Theoretical child support order for qualified children, if allowed by the court; (3) Add each parent's adjusted income together; (4) Locate the basic child support obligation by referring to the child support obligation table. Using the figure closest to the amount of the combined adjusted income, locate the amount of the basic child support obligation. If the combined adjusted income falls between the amounts shown in the table, then the basic child support obligation shall be based on the income bracket most closely matched to the combined adjusted income. The basic child support obligation amount stated in subsection (o) of this Code section shall be rebuttably presumed to be the appropriate amount of child support to be provided by the custodial parent and the noncustodial parent prior to consideration of health insurance, work related child care costs, and deviations; (5) Calculate the pro rata share of the basic child support obligation for the custodial parent and the noncustodial parent by dividing the combined adjusted income into each parent's adjusted income to arrive at each parent's pro rata percentage of the basic child support obligation; (6) Find the adjusted child support obligation amount by adding the additional expenses of the costs of health insurance and work related child care costs, prorating such expenses in accordance with each parent's pro rata share of the obligation and adding such expenses to the pro rata share of the basic child support obligation. The monthly cost of health insurance premiums and work related child care costs shall be entered on the Child Support Schedule D Additional Expenses. The pro rata share of the monthly basic child support obligation and the pro rata share of the combined additional expenses shall be added together to create the monthly adjusted child support obligation; (7) Determine the amount of child support for the custodial parent and the noncustodial parent resulting in a monthly sum certain payment due to the custodial parent by assigning or deducting credit for actual payments for health insurance and work related child care costs from the basic child support obligation; (8) In accordance with subsection (i) of this Code section, deviations subtracted from or added to the presumptive amount of child support shall be applied, if applicable, and if supported by the required findings of fact and application of the best interest of the child standard. The proposed deviations shall be entered on the Child Support Schedule E Deviations. In the court's or the jury's discretion, deviations may include, but shall not be limited to, the following: (A) High income; (B) Low income; (C) Other health related insurance;

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(D) Life insurance; (E) Child and dependent care tax credit; (F) Travel expenses; (G) Alimony; (H) Mortgage; (I) Permanency plan or foster care plan; (J) Extraordinary expenses; (K) Parenting time; and (L) Nonspecific deviations; (9) Any benefits which the child receives under Title II of the federal Social Security Act shall be applied against the final child support order. The final child support amount for each parent shall be entered on the child support worksheet, together with the information from each of the utilized schedules; (10) The parents shall allocate the uninsured health care expenses which shall be based on the pro rata responsibility of the parents or as otherwise ordered by the court. Each parent's pro rata responsibility for uninsured health care expenses shall be entered on the child support worksheet; and (11) In a split parenting case, there shall be a separate calculation and final child support order for each parent."

SECTION 3. Said chapter is further amended by revising paragraph (4) of subsection (c) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(4) In all cases, the parties shall submit to the court their worksheets and schedules and the presence or absence of other factors to be considered by the court pursuant to the provisions of this Code section."

SECTION 4. Said chapter is further amended by revising subparagraphs (f)(1)(A) and (f)(4)(C), division (f)(5)(A)(i), and subparagraphs (f)(5)(B) and (f)(5)(D) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(A) Attributable income. Gross income of each parent shall be determined in the process of setting the presumptive amount of child support and shall include all income from any source, before deductions for taxes and other deductions such as preexisting orders for child support and credits for other qualified children, whether earned or unearned, and includes, but is not limited to, the following:
(i) Salaries; (ii) Commissions, fees, and tips; (iii) Income from self-employment; (iv) Bonuses; (v) Overtime payments;

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(vi) Severance pay; (vii) Recurring income from pensions or retirement plans including, but not limited to, United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts; (viii) Interest income; (ix) Dividend income; (x) Trust income; (xi) Income from annuities; (xii) Capital gains; (xiii) Disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act; (xiv) Disability benefits that are received pursuant to the federal Veterans' Benefits Act of 2010, 38 U.S.C. Section 101, et seq.; (xv) Workers' compensation benefits, whether temporary or permanent; (xvi) Unemployment insurance benefits; (xvii) Judgments recovered for personal injuries and awards from other civil actions; (xviii) Gifts that consist of cash or other liquid instruments, or which can be converted to cash; (xix) Prizes; (xx) Lottery winnings; (xxi) Alimony or maintenance received from persons other than parties to the proceeding before the court; (xxii) Assets which are used for the support of the family; and (xxiii) Other income." "(C) Rehearing. If income is imputed pursuant to subparagraph (A) of this paragraph, the party believing the income of the other party is higher than the amount imputed may provide within 90 days, upon motion to the court, evidence necessary to determine the appropriate amount of child support based upon reliable evidence. A hearing shall be scheduled after the motion is filed. The court may increase, decrease, or leave unchanged the amount of current child support from the date of filing of either parent's initial filing or motion for reconsideration. While the motion for reconsideration is pending, the obligor shall be responsible for the amount of child support originally ordered. Arrearages entered in the original child support order based upon imputed income shall not be forgiven. When there is reliable evidence to support a motion for reconsideration of the amount of income imputed, the party seeking reconsideration shall not be required to prove the existence of grounds for modification of an order pursuant to subsection (k) of this Code section." "(i) Six and two-tenths percent of self-employment income up to the maximum amount to which federal old age, survivors, and disability insurance (OASDI) applies; plus"

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"(B) Preexisting orders. An adjustment to the parent's monthly gross income shall be made on the Child Support Schedule B Adjusted Income for current preexisting orders for a period of not less than 12 months immediately prior to the date of the hearing or such period that an order has been in effect if less than 12 months prior to the date of the hearing before the court to set, modify, or enforce child support.
(i) In calculating the adjustment for preexisting orders, the court shall include only those preexisting orders meeting the criteria set forth in subparagraph (a)(18)(B); (ii) The priority for preexisting orders shall be determined by the date and time of filing with the clerk of court of the initial order in each case. Subsequent modifications of the initial support order shall not affect the priority position established by the date and time of the initial order. In any modification proceeding, the court rendering the decision shall make a specific finding of the date, and time if known, of the initial order of the case; (iii) Adjustments shall be allowed for current preexisting support only to the extent that the payments are actually being paid as evidenced by documentation including, but not limited to, payment history from a court clerk, the child support services' computer data base, the child support payment history, or canceled checks or other written proof of payments paid directly to the other parent. The maximum credit allowed for a preexisting order is an average of the amount of current support actually paid under the preexisting order over the past 12 months prior to the hearing date; (iv) All preexisting orders shall be entered on the Child Support Schedule B Adjusted Income for the purpose of calculating the total amount of the credit to be included on the child support worksheet; and (v) Payments being made by a parent on any arrearages shall not be considered payments on preexisting orders or subsequent orders and shall not be used as a basis for reducing gross income." "(D) Multiple family situations. In multiple family situations, the priority of adjustments to a parent's monthly gross income shall be calculated in the following order: (i) Preexisting orders according to the date and time of the initial order as set forth in subparagraph (B) of this paragraph; and (ii) Application of any credit for a parent's other qualified children using the procedure set forth in subparagraph (C) of this paragraph."

SECTION 5. Said chapter is further amended by revising division (h)(3)(B)(ii) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(ii) Child support services shall pursue enforcement of payment of such unpaid expenses only if the unpaid expenses have been reduced to a judgment in a sum certain amount."

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SECTION 6. Said chapter is further amended by revising subparagraph (i)(2)(B) and division (i)(2)(K)(iii) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(B) Low income. (i) If the noncustodial parent can provide evidence sufficient to demonstrate no earning capacity or that his or her pro rata share of the presumptive amount of child support would create an extreme economic hardship for such parent, the court may consider a low-income deviation. (ii) A noncustodial parent whose sole source of income is supplemental security income received under Title XVI of the federal Social Security Act shall be considered to have no earning capacity. (iii) The court or the jury shall examine all attributable and excluded sources of income, assets, and benefits available to the noncustodial parent and may consider all reasonable expenses of the noncustodial parent, ensuring that such expenses are actually paid by the noncustodial parent and are clearly justified expenses. (iv) In considering a request for a low-income deviation, the court or the jury shall then weigh the income and all attributable and excluded sources of income, assets, and benefits and all reasonable expenses of each parent, the relative hardship that a reduction in the amount of child support paid to the custodial parent would have on the custodial parent's household, the needs of each parent, the needs of the child for whom child support is being determined, and the ability of the noncustodial parent to pay child support. (v) Following a review of the noncustodial parent's gross income and expenses, and taking into account each parent's basic child support obligation adjusted by health insurance and work related child care costs and the relative hardships on the parents and the child, the court or the jury, upon request by either party or upon the court's initiative, may consider a downward deviation to attain an appropriate award of child support which is consistent with the best interest of the child. (vi) For the purpose of calculating a low-income deviation, the noncustodial parent's minimum child support for one child shall be not less than $100.00 per month, and such amount shall be increased by at least $50.00 for each additional child for the same case for which child support is being ordered. (vii) A low-income deviation granted pursuant to this subparagraph shall apply only to the current child support amount and shall not prohibit an additional amount being ordered to reduce a noncustodial parent's arrears. (viii) If a low-income deviation is granted pursuant to this subparagraph, such deviation shall not prohibit the court or jury from granting an increase or decrease to the presumptive amount of child support by the use of any other specific or nonspecific deviation." "(iii) In accordance with subsection (d) of Code Section 19-11-8, if any action or claim for parenting time or a parenting time deviation is brought under this

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subparagraph, it shall be an action or claim solely between the custodial parent and the noncustodial parent, and not any third parties, including child support services."

SECTION 7. Said chapter is further amended by revising subparagraph (k)(3)(C) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(C) All child support service's case reviews and modifications shall proceed and be governed by Code Section 19-11-12. Subsequent changes to the child support obligation table shall be a reason to request a review for modification from child support services to the extent that such changes are consistent with the requirements of Code Section 19-11-12."

SECTION 8. Said chapter is further amended by revising subsection (m) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(m) Worksheets. (1) Schedules and worksheets shall be prepared by the parties for purposes of calculating the amount of child support. In child support services cases in which neither parent prepared a worksheet, the court may rely on the worksheet prepared by child support services as a basis for its order. Information from the schedules shall be entered on the child support worksheet. The child support worksheet and, if there are any deviations, Schedule E shall be attached to the final court order or judgment; provided, however, that any order entered pursuant to Code Section 19-13-4 shall not be required to have such worksheet and schedule attached thereto. (2) The child support worksheet and schedules shall be promulgated by the Georgia Child Support Commission."

SECTION 9. Said chapter is further amended by revising subsection (a) of Code Section 19-6-53, relating to the duties, powers, and authorization of the Georgia Child Support Commission to retain professional services, as follows:
"(a) The commission shall have the following duties: (1) To study and evaluate the effectiveness and efficiency of Georgia's child support guidelines; (2) To evaluate and consider the experiences and results in other states which utilize child support guidelines; (3) To create and recommend to the General Assembly a child support obligation table consistent with Code Section 19-6-15; (4) To determine periodically, and at least every four years, if the child support obligation table results in appropriate presumptive awards;

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(5) To identify and recommend whether and when the child support obligation table or child support guidelines should be modified; (6) To develop, publish in print or electronically, and update the child support obligation table and worksheets and schedules associated with the use of such table; (7) To develop or cause to be developed software and a calculator associated with the use of the child support obligation table and child support guidelines and adjust the formula for the calculations of self-employed persons' income pursuant to applicable federal law, if the commission determines that the calculation affects persons paying or receiving child support in this state; (8) To develop training manuals and information to educate judges, attorneys, and litigants on the use of the child support obligation table and child support guidelines; (9) To collaborate with the Institute for Continuing Judicial Education, the Institute of Continuing Legal Education, and other agencies for the purpose of training persons who will be utilizing the child support obligation table and child support guidelines; (10) To make recommendations for proposed legislation; (11) To study the appellate courts' acceptance of discretionary appeals in domestic relations cases and the formulation of case law in the area of domestic relations; (12) To study alternative programs, such as mediation, collaborative practice, and pro se assistance programs, in order to reduce litigation in child support and child custody cases; and (13) To study the impact of having parenting time serve as a deviation to the presumptive amount of child support and make recommendations concerning the utilization of the parenting time adjustment."

SECTION 10. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," is amended by revising Code Section 19-11-3, relating to definitions for the Child Support Recovery Act, as follows:
"19-11-3. As used in this article, the term:
(1) 'Account' means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account. (2) 'Court order for child support' means any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter.

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(3) 'Department' means the Department of Human Services. (4) 'Dependent child' means any person under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States. (5) 'Duty of support' means any duty of support imposed or imposable by law or by court order, decree, or judgment. (6) 'Financial institution' means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund. (7) 'IV-D' means Title IV-D of the federal Social Security Act. (8) 'IV-D agency' means the Child Support Enforcement Agency of the Department of Human Services and its contractors. (9) 'Medical insurance obligee' means any person to whom a duty of medical support is owed. (10) 'Medical insurance obligor' means any person owing a duty of medical support. (11) 'Money market mutual fund' means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 C.F.R. Section 270.2A-7. (12) 'Parent' means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing. (13) 'TANF' means temporary assistance for needy families."

SECTION 11.
Said article is further amended by revising subsection (a) of Code Section 19-11-30.2, relating to definitions and information from financial institutions, as follows:
"(a) As used in this Code section, the term 'for cause' means that the department has reason to believe that an individual has opened an account at a financial institution. "

SECTION 12.
Said article is further amended by revising subsection (c) of Code Section 19-11-32, relating to the process to collect delinquent support accounts and limitations, as follows:
"(c) Any amount forwarded by a financial institution under this Code section and Code Sections 19-11-33 through 19-11-39 shall not exceed the delinquent or accrued amount of support owed by the obligor."

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SECTION 13. Said article is further amended by revising subsection (c) of Code Section 19-11-39, relating to computerized central case registry for support orders, as follows:
"(c) In any case handled by the IV-D agency, the registry shall include payment records as well as the amount of child support liens. The payment record shall include:
(1) The amount of monthly or other periodic support owed under the order and other amounts including arrearages, interest or late payment penalties, and fees due or overdue under the order; (2) Any amount described in paragraph (1) of this subsection that has been collected; (3) The distribution of such collected amounts; (4) The birth date of any child for whom the order requires the provision of support; and (5) The amount of any lien imposed with respect to a child support order."

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

Approved April 22, 2014.

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STATE GOVERNMENT CONVEYANCE OF STATE PROPERTY; PUBLIC BIDDING.

No. 580 (House Bill No. 495).

AN ACT

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 modify provisions related to conveyances of state property and consideration of conveyances by the General Assembly; to facilitate and increase reliability of state property conveyances; to provide for consideration of conveyances by committees of the General Assembly outside of the regular legislative session; to modify provisions related to public bidding of state property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the State Properties Code, is amended by revising paragraph (8) of Code Section 50-16-31,

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relating to definitions for provisions relating to the State Properties Code, and by adding a new paragraph (2.1) to read as follows:
"(2.1) 'Conveyance' means the sale or other disposition of real property including a transfer of fee simple title, lease, and easement." "(8) 'Property' means:
(A) The Western and Atlantic Railroad including all the property associated with the railroad as of December 26, 1969, unless the same has otherwise been provided for by Act or resolution of the General Assembly; (B) All the property owned by the state in Tennessee other than that property included in subparagraph (A) of this paragraph; (C) The state owned property facing Peachtree, Cain, and Spring streets in the City of Atlanta, Fulton County, Georgia, upon which the Governor's mansion once stood and which is commonly referred to and known as the 'Henry Grady Hotel property' or 'old Governor's mansion site property'; (D) Any state owned real property the custody and control of which has been transferred to the commission by executive order of the Governor; (E) Any state owned real property the custody and control of which has been transferred to the commission by an Act or resolution of the General Assembly without specific instructions as to its disposition; and (F) Any real property interest titled in the name of the state."

SECTION 2. Said article is further amended by revising Code Section 50-16-34, relating to the powers and duties of the State Properties Commission generally, as follows:
"50-16-34. The commission, in addition to other powers and duties set forth in other Code sections of this article, shall have the power and duty to:
(1) Inspect, control, manage, oversee, and preserve the property; (2) Maintain at all times a current inventory of the property; (3) Authorize the payment of any tax or assessment legally levied by the State of Tennessee or any governmental subdivision thereof upon any part of the property situated within the State of Tennessee; (4) Prepare lease or sale proposals affecting the property for submission to the General Assembly; (5) Approve a conveyance of state property; provided, however, that the commission shall not be authorized to approve a conveyance of state property that exceeds a value of $500,000.00 as determined by an appraisal or opinion of value; (6) Subject to the limitation contained in this article, determine all of the terms and conditions of each instrument prepared or executed by it; (7) Have prepared a thorough report of such data as will enable the commission to arrive at a fair valuation of the property; and to include within the report either an opinion of the

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value if the conveyance is to a public entity or at least one written appraisal of the value of the property if the conveyance is to a private entity, which appraisal shall be made by a person or persons familiar with property values in the area where the property is situated and who is a member of a nationally recognized appraisal organization. If the written appraisal values the property in excess of $100,000.00 then a second written appraisal shall be required. In the case of the Western and Atlantic Railroad, at least two written appraisals shall be required one of which may be the latest valuation report of the Western and Atlantic Railroad prepared by the Interstate Commerce Commission or successor agency; (8) Contract with any person for the preparation of studies or reports as to:
(A) The value of such property including, but not limited to, sale value, lease value, and insurance value; (B) The proper utilization to be made of such property; and (C) Any other data necessary or desirable to assist the commission in the execution and performance of its duties; (9) Insure the improvements on all or any part of the property against loss or damage by fire, lightning, tornado, or other insurable casualty; and insure the contents of the improvements against any such loss or damage; (10) Inspect as necessary any of the property which may be under a lease, rental agreement, or revocable license agreement in order to determine whether the property is being kept, preserved, cared for, repaired, maintained, used, and operated in accordance with the terms and conditions of the lease, rental agreement, or revocable license agreement and to take such action necessary to correct any violation of the terms and conditions of the lease, rental agreement, or revocable license agreement; (11) Deal with and dispose of any unauthorized encroachment upon, or use or occupancy of, any part of the property, whether the encroachment, use, or occupancy is permissive or adverse, or whether with or without claim of right therefor; to determine whether the encroachment, use, or occupancy shall be removed or discontinued or whether it shall be permitted to continue and, if so, to what extent and upon what terms and conditions; to adjust, settle, and finally dispose of any controversy that may exist or arise with respect to any such encroachment, use, or occupancy in such manner and upon such terms and conditions as the commission may deem to be in the best interest of the state; to take such action as the commission may deem proper and expedient to cause the removal or discontinuance of any such encroachment, use, or occupancy; and to institute and prosecute for and on behalf of and in the name of the state such actions and other legal proceedings as the commission may deem appropriate for the protection of the state's interest in or the assertion of the state's title to such property; (12) Settle, adjust, and finally dispose of any claim, dispute, or controversy of any kind whatsoever arising out of the terms and conditions, operation, or expiration of any lease of the property or grant of rights in the property;

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(13) Negotiate and prepare for submission to the General Assembly amendments to any existing lease, which amendments shall not, for the purposes of paragraph (4) of this Code section and Code Section 50-16-39, be interpreted as lease proposals or proposals to lease, provided:
(A) That the lessee of the lease as it is to be amended shall be either the lessee, a successor, an assignee, or a sublessee as to all or a portion of the property described in the lease as first executed or as heretofore amended; and (B) On or before December 31 in each year the executive director of the State Properties Commission shall submit a report describing all conveyances and proposed conveyances negotiated during that year or under negotiation at the date of the report to the chairpersons of the Senate State Institutions and Property Committee and the House Committee on State Properties or such other standing committee that routinely considers state property related issues as designated by the President of the Senate or the Speaker of the House of Representatives; (14) Exercise such other powers and perform such other duties as may be necessary or desirable to inspect, control, manage, oversee, and preserve the property; (15) Do all things and perform all acts necessary or convenient to carry out the powers and fulfill the duties given to the commission in this article; (16) Perform all terms including, but not limited to, termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all conveyances which provide that the commission is empowered to act or shall act for and on behalf of the state and which conveyances have heretofore been approved and adopted by a resolution of the General Assembly or which conveyances may be approved and adopted by a resolution of the General Assembly approved by the Governor; (17) Perform all terms, satisfy all conditions, fulfill all requirements, discharge all obligations, and otherwise implement the disposition of real property for and on behalf of the state when the General Assembly so provides in any enactment, including Acts or resolutions, authorizing or directing a disposition of real property of the state or of any instrumentality of the state; and (18) Provide or perform acquisition related services to or for all state entities."

SECTION 3. Said article is further amended by revising Code Section 50-16-39, relating to public competitive bidding procedure for sales and leases, acceptance or rejection of bids by commission, General Assembly, or the Governor, and execution of leases and deeds, as follows:
"50-16-39. (a) Subject to authorization by the General Assembly as provided in Code Section 50-16-40, any conveyance, other than a lease of mineral resources provided for in Code Section 50-16-43, shall be initiated and carried out in accordance with this Code section.

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(b) A conveyance to a private entity shall be made only upon a public competitive process in accordance with rules established by the commission. The commission shall be authorized to accept sealed bids and best and final offers for any conveyance of property. (c) When a conveyance is based upon the acceptance of sealed bids, the bids shall be submitted to the executive director of the commission, or his or her designee, and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the commission. All bids shall be opened in public on the date and at the time and place specified in the invitation for bids. The commission shall formally determine and announce which bid and bidder it considers to be most advantageous to the state. The commission shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. (d) The commission shall give no less than 30 days' prior written notice of its intention to convey property which has been declared surplus. Notice shall be made by registered or certified mail or statutory overnight delivery and electronic transmission. The notice shall include a description of the property including the size, location, and prior use. The notice shall be mailed and electronically transmitted to the Office of Legislative Counsel, the Speaker of the House of Representatives, the President of the Senate, and the chairpersons of the standing committees of the Senate and the House of Representatives which regularly consider proposed legislation related to state property, and all members of the General Assembly whose legislative district contains all or a portion of the property that is the subject of a proposed conveyance. If any member of the General Assembly whose legislative district contains all or a portion of the property that is a subject of a proposed conveyance objects to such conveyance in writing to the commission not later than 30 days following the mailing of the notice required by this subsection, then the commission shall no longer be authorized to convey such property without the approval of the General Assembly as provided in Code Section 50-16-40. (e) When the commission formally determines and announces which bid and bidder or offer and offeror it considers to be most advantageous to the state, the commission shall then prepare the instrument of lease or contract of sale and deed. The chairperson of the commission, in his or her capacity as Governor of the state or, with the permission of the Governor, the executive director, shall execute and deliver to the purchaser the contract of sale for and on behalf of and in the name of the state, and thereupon both parties to the agreement shall be bound thereby. The Governor's signature or the signature of the executive director shall be attested by the secretary of the commission in his or her capacity as Secretary of State. The Secretary of State or the executive director shall also affix the great seal of the state to the contract of sale. Whenever, in the judgment of the chairperson of the commission, all of the terms and conditions of the contract of sale, or all of the precedent terms and conditions of the contract of sale, or all of the precedent terms and conditions of the lease have been fulfilled or complied with, the chairperson of the commission in his or her capacity as Governor of the state shall execute and deliver to the purchaser or lessee the deed or lease for and on behalf of and in the name of the state. The

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Governor's or executive director's signature shall be attested by the secretary of the commission in his or her capacity as Secretary of State. The Secretary of State or executive director shall also affix the great seal of the state to the deed or lease."

SECTION 4. Said article is further amended by revising Code Section 50-16-40, relating to interesse termini provisions not considered, as follows:
"50-16-40. (a) Approval by the General Assembly of conveyances generally.
(1) The commission shall prepare each conveyance of property with a value of $500,000.00 or more for consideration by the General Assembly and the Governor as provided in this Code section. (2) The commission shall not submit to the General Assembly for its consideration any conveyance which provides that either:
(A) The conveyee will not obtain possession of the leased premises within a period of five years from the commencement date of the regular session of the General Assembly to which the conveyance is submitted for consideration; or (B) The term of the conveyance will not commence within a period of five years from the commencement date of the regular session of the General Assembly to which the conveyance is submitted for consideration. (b) Conveyances submitted to the General Assembly during regular session. (1) A resolution containing a general description of the proposed conveyance shall be introduced in the General Assembly in either the Senate, the House of Representatives, or both, if then in regular session, or if not in regular session at such time, at the next regular session of the General Assembly; provided, however, that conveyances may be considered outside the regular session of the General Assembly in a manner provided in subsection (c) of this Code section. Such resolution shall be prepared with the assistance of the Office of Legislative Counsel and shall not be submitted until approved by that office. The resolution shall authorize the commission to convey the property by appropriate instrument for fair market value or other consideration and provisions as the commission shall in its discretion determine to be in the best interest of the State of Georgia. The resolution, in order to become effective, shall receive the same number of readings and in both the Senate and the House of Representatives go through the same processes and procedures as a bill: (A) If either the Senate or the House of Representatives fails to adopt the resolution during the regular session by a majority vote in each house, the conveyance shall be considered rejected by the General Assembly; (B) If the resolution is adopted during the regular session by a majority vote of both the Senate and the House of Representatives but is not approved by the Governor, the conveyance shall be considered rejected by the Governor; and

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(C) If the resolution is adopted during the regular session by a majority vote of both the Senate and the House of Representatives and is approved by the Governor, whenever in the judgment of the chairperson of the commission all of the precedent terms and conditions of the resolution, if there are any, have been fulfilled or complied with, the chairperson of the commission, in his or her capacity as Governor of the state, or the executive director shall execute and deliver to the conveyee the agreement for and on behalf of and in the name of the State of Georgia. The Governor's or executive director's signature shall be attested by the secretary of the commission in his or her capacity as Secretary of State. The Secretary of State or executive director shall also affix the great seal of the state to the amendment. (2) A conveyance resolution submitted to the General Assembly during the regular legislative session pursuant to this subsection shall not be amended or considered for amendment after more than 20 days of its original filing in either the Senate or the House of Representatives. In addition, such bill shall not have any amendment at any time that pertains to matters unrelated to a state property conveyance. (c) Conveyances initiated prior to regular session of the General Assembly. (1) Not more than twice outside of the regular session of the General Assembly the commission may prepare a resolution containing a description of proposed conveyances which shall be submitted to the President of the Senate and the Speaker of the House of Representatives and to the chairpersons of the standing committees of the Senate and of the House of Representatives which regularly consider proposed legislation related to state property. The resolution shall be prepared with the assistance of the Office of Legislative Counsel and shall not be submitted until approved by that office. A copy of the proposed resolution shall also be provided to each member whose legislative district contains all or a portion of the property that is the subject of a proposed conveyance. (2) The standing committees that regularly consider matters related to state property in the Senate and the House of Representatives may meet not more than twice a year at a time outside of the regular legislative session of the General Assembly, on or about July and October of each year. At such meeting the committees shall only consider property conveyance resolutions submitted by the commission and shall vote to approve or disapprove of such resolution. If a committee in the Senate or the House of Representatives approves a resolution by a majority vote, then a committee report shall be prepared reflecting the committee's approval of the resolution. If both the Senate and the House of Representatives committees approve a resolution, then the resolution shall be filed at the next regular session of the General Assembly with a copy of both committee reports attached. The resolution, in order to become effective, shall receive the same number of readings in both the Senate and the House of Representatives and shall then be voted on as any other bill; provided, however, that such bills shall not be subject to assignment to any committee or subcommittee of either the Senate or the House of Representatives and shall not be subject to any amendment."

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

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

Approved April 22, 2014.

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EDUCATION GEORGIA MILITARY COLLEGE SCHOLARSHIPS; LEGISLATIVE INTENT.

No. 581 (House Bill No. 763).

AN ACT

To amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships with respect to the Georgia Military College, so as to revise legislative intent language regarding certain postsecondary study beyond the second year level; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships with respect to the Georgia Military College, is amended by revising Code Section 20-3-560, relating to legislative intent, as follows:
"20-3-560. It is the intention of the General Assembly that the Georgia Military College be a state-wide institution dedicated to providing a high-quality military education to the youth of this state, but not beyond the level of the second year of postsecondary study except for Bachelor of Applied Science degree programs which assist graduates of institutions under the Technical College System of Georgia in the attainment of a four-year bachelor's degree; provided, however, that no branch of the Georgia Military College shall offer any Bachelor of Applied Science degree program that is currently being offered by an institution of the Board of Regents of the University System of Georgia which is located in the same county as such branch; provided, further, that the level of such educational programs shall be

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subject to the availability of funds appropriated by the General Assembly. The student enrollment of the college shall reflect as closely as possible the racial and demographic makeup of the state."

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

Approved April 22, 2014.

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REVENUE AND TAXATION SALES AND USE TAXES; EXTEND DATE OF EXEMPTION TO LOCAL SALES AND USE TAX CAP IN CERTAIN COUNTIES.

No. 582 (House Bill No. 1009).

AN ACT

To amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxes in general, so as to extend the date for the applicability of an exemption to the local sales and use tax cap for a county that levied a tax for the purposes of a metropolitan area system of public transportation; 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 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxes in general, is amended by revising subsection (a) of Code Section 48-8-6, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, as follows:
"(a) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:

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(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply:
(A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200. The exception provided for under this subparagraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; or (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010, and before November 1, 2016. Such tax shall not apply to the following:
(i) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or another appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year; and (ii) The sale of motor vehicles; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; (4) A sales and use tax levied under Article 4 of this chapter; and (5) A sales and use tax levied under Article 5 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed."

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

Approved April 22, 2014.

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HEALTH LONG-TERM CARE OMBUDSMAN PROGRAM; DEFINITION.

No. 583 (Senate Bill No. 207).

AN ACT

To amend Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions relative to the long-term care ombudsman program, so as to change a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions relative to the long-term care ombudsman program, is amended by revising paragraph (2) as follows:
"(2) 'Long-term care facility' means any skilled nursing home, intermediate care home, private home care provider, assisted living community, or personal care home now or hereafter subject to regulation and licensure by the Department of Community Health."

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

Approved April 22, 2014.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT AND PENSIONS GEORGIA FIREFIGHTERS' PENSION FUND; DEFINITION; CREDITABLE SERVICE.

No. 584 (Senate Bill No. 235).

AN ACT

To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, so as to change the definition of the term "firefighter"; to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, is amended by revising Code Section 47-7-1, relating to definitions, as follows:
"47-7-1. As used in this chapter, the term:
(1) 'Board' means the Board of Trustees of the Georgia Firefighters' Pension Fund. (2) 'Fire department' means a full-time fire department or volunteer fire department or a combination full-time and volunteer fire department which satisfies the following criteria:
(A) The fire department is certified by the superintendent of the Georgia Firefighter Standards and Training Council as provided in Article 1 of Chapter 4 of Title 25; and (B) The public fire suppression facilities of the fire department are ratable not less favorably than a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner. The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firefighters and

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volunteer firefighters to become members of the fund to obtain creditable service with the fund. (3) 'Firefighter' means a person who is:
(A) A permanent, compensated employee of a fire department who in the course of his or her employment by and within a department either is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires and who works at least 1,040 hours per year; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or (B) Appointed and regularly enrolled as a volunteer with a volunteer fire department or combination full-time and volunteer fire department which satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23 and who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires. (4) 'Full-time fire department' means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit: (A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and (B) Is financed by public appropriation or subscription and is not privately owned. A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer. (5) 'Fund' means the Georgia Firefighters' Pension Fund. (5.1) 'Part-time employment' means working at a permanent job position for less than 40 hours a week but at least 1,040 hours a year. (6) 'Volunteer fire department' means a volunteer fire department staffed by firefighters, volunteer firefighters, or a combination of firefighters and volunteer firefighters, separately organized and administered as such, of this state or any municipality or other political subdivision of this state or serving any fire district therein, which: (A) Has the principal responsibility to prevent and suppress fires; (B) Is financed by public appropriation or subscription and is not privately owned; (C) Holds drills and meetings of not less than eight hours monthly; and (D) Meets the requirements imposed by Code Section 47-7-81. (7) 'Volunteer firefighter' means an individual who is appointed and regularly enrolled as a volunteer, with or without compensation, with a fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Said chapter is further amended by revising Code Section 47-7-87, relating to "prior eligible service" defined and requirements, as follows:
"47-7-87. (a) As used in this Code section, the term 'prior eligible service' means service rendered between July 1, 2006, and June 30, 2014, as a firefighter in part-time employment. (b) Any member of the fund shall be entitled to credit for prior eligible service, provided that such person satisfies the following requirements:
(1) The member or applicant for membership files with the board on or before September 30, 2014, an application for such credit in the form prescribed by the board; and (2) At the time of application for credit, the member or applicant for membership either:
(A) Pays to the fund for each month of prior eligible service credit sought an amount equal to the contributions that would have been made had the member or applicant been a member and entitled to credit during the period of prior eligible service, at the monthly contribution rate in effect at the time the application for credit is made, together with interest on such monthly amount from the date on which such contribution would have been made until the date of application for credit at a rate of 12 percent per year; or (B) Presents proof that such contributions were timely paid during such period. (c) Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section."

SECTION 3. This Act shall become effective on July 1, 2014, 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, 2014, 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 April 22, 2014.

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LAW ENFORCEMENT OFFICERS AND AGENCIES MISSING CHILD REPORTS FOR FOSTER CHILDREN.

No. 585 (Senate Bill No. 358).

AN ACT

To amend Article 4 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Missing Children Information Center, so as to provide for missing child reports for foster children; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Missing Children Information Center, is amended by revising Code Section 35-3-83, relating to missing child reports, as follows:
"35-3-83. Upon the filing of a police report by the parent, guardian, caretaker, governmental unit responsible for the child, or other person with legal custody of the child that a child is missing, the local law enforcement agency receiving such report shall notify all of its on-duty law enforcement officers of the existence of the missing child report, communicate the report to all other law enforcement agencies having jurisdiction in the county and all law enforcement agencies of jurisdictions geographically adjoining that of the local law enforcement agency, and transmit the report to the Missing Children Information Center."

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

Approved April 22, 2014.

482

GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS CIVIL PRACTICE DEBTOR AND CREDITOR TERMS OF COURT FOR SUPERIOR COURT OF BARTOW COUNTY; REDACTED INFORMATION IN CERTAIN FILINGS; PROTECTIVE ORDERS.

No. 586 (Senate Bill No. 386).

AN ACT

To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the terms of court for the Superior Court of Bartow County; to amend Articles 3 and 10 of Chapter 11 of Title 9, Article 3 of Chapter 10 of Title 15, and Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to pleadings, motions and forms, civil proceedings in magistrate court, and garnishment proceedings, respectively, so as to provide for redacted information in certain filings; to provide for exceptions and filings under seal; to provide for correction of unredacted information; to provide for protective orders; to provide for references lists; to provide for waivers; to provide for form conformity; to provide for 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:

SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, is amended by revising subparagraph (A) of paragraph (9) as follows:
"(A) Bartow County -- First Monday in February, May, August, and November."

SECTION 2. Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, is amended by adding a new Code section to read as follows:
"9-11-7.1. (a) Redacted filings. Except as provided in subsections (b) and (c) of this Code section or unless the court orders otherwise, a filing with the court that contains a social security number, taxpayer identification number, financial account number, or birth date shall include only:
(1) The last four digits of a social security number; (2) The last four digits of a taxpayer identification number; (3) The last four digits of a financial account number; and (4) The year of an individual's birth.

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(b) Garnishment. A summons of garnishment that is filed with a court shall only include the last four digits of the defendant's social security number, taxpayer identification number, or financial account number; provided, however, that the plaintiff shall provide the defendant's full social security number, taxpayer identification number, or financial account number, if reasonably available to the plaintiff, on the copies of the summons of garnishment served on the garnishee and defendant. (c) Exemptions from redaction requirement. Subsection (a) of this Code section shall not apply to the following:
(1) A financial account number that identifies property allegedly subject to forfeiture in a civil forfeiture proceeding; (2) The official record of an administrative or agency proceeding; (3) The official record of a court or tribunal in another case or proceeding; (4) A filing made in a probate court; and (5) A filing made under seal as provided in subsection (d) of this Code section. (d) Filings made under seal. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the filer to file a redacted version for the public record. A filer may petition the court to file an unredacted filing under seal. The court shall retain all filings made under seal as part of the record. (e) Correction of unredacted information. An inadvertent failure to redact information which is required to be redacted shall be a curable defect and shall not preclude a document from being filed with the court. The court may order an unredacted filing be sealed and may also order that a redacted version of the same filing be filed for the public record. (f) Protective orders. For good cause, the court may: (1) Order a filing which contains additional personal or confidential information, other than the information required to be redacted pursuant to this Code section, be sealed and may also order that a redacted version of the same filing be filed for the public record; and (2) Limit or prohibit a nonparty's remote electronic access to a document filed with the court. (g) Option for reference list. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. Such reference list shall be filed under seal and may be amended as of right. Any reference in a civil action to a listed identifier shall be construed to refer to the corresponding item of information. (h) Waiver of protected identifiers. A filer waives the protections provided by subsection (a) of this Code section to the extent that he or she makes his or her own filing without redaction and not under seal."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3. Article 10 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to forms, is amended by revising subsection (a) of Code Section 9-11-133, relating to forms meeting requirements for civil case filings and disposition, as follows:
"(a) The forms set out in subsections (b), (c), (d), and (e) of this Code section or forms substantially similar to such forms shall be sufficient to meet the requirements for civil case filing and disposition forms; provided, however, that the general civil case filing information form and domestic relations case filing information form shall be required to contain an acknowledgment by the filer that the complaint and any exhibits or other attachments satisfy the redaction requirements of Code Section 9-11-7.1. The civil case forms set out in Exhibit F of the 'Report and Recommendations of the 1997-1998 Court Filings Committee' published by the State Bar of Georgia and dated May 15, 1998, are substantially similar to the forms set out in this Code section."

SECTION 4. Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, is amended by revising Code Section 15-10-42, relating to the Civil Practice Act being inapplicable to magistrate courts, as follows:
"15-10-42. Except as provided in subsection (g) of Code Sections 15-10-43 and 15-10-50, proceedings in the magistrate court shall not be subject to Chapter 11 of Title 9, the 'Georgia Civil Practice Act.'"

SECTION 5.
Said article is further amended by revising subsection (b) of Code Section 15-10-53, relating to filing documents by electronic means, as follows:
"(b) Any pleading or document filed electronically shall be in a format prescribed by the court and shall comply with Code Section 15-10-54."

SECTION 6. Said article is further amended by adding a new Code section to read as follows:
"15-10-54. (a) Except as provided in subsections (b) and (c) of this Code section or unless the court orders otherwise, a filing with the court that contains a social security number, taxpayer identification number, financial account number, or birth date:
(1) The last four digits of a social security number; (2) The last four digits of a taxpayer identification number; (3) The last four digits of a financial account number; and (4) The year of an individual's birth. (b) A summons of garnishment that is filed with the court shall only include the last four digits of the defendant's social security number, taxpayer identification number, or financial

GEORGIA LAWS 2014 SESSION

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account number; provided, however, that the plaintiff shall provide the defendant's full social security number, taxpayer identification number, or financial account number, if reasonably available to the plaintiff, on the copies of the summons of garnishment served on the garnishee and defendant. (c) Subsection (a) of this Code section shall not apply to the following:
(1) The official record of an administrative or agency proceeding; (2) The official record of a court or tribunal in another case or proceeding; and (3) A filing made under seal as provided in subsection (d) of this Code section. (d) The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the filer to file a redacted version for the public record. A filer may petition the court to file an unredacted filing under seal. The court shall retain all filings made under seal as part of the record. (e) An inadvertent failure to redact information which is required to be redacted shall be a curable defect and shall not preclude a document from being filed with the court. The court may order an unredacted filing be sealed and may also order that a redacted version of the same filing be filed for the public record. (f) For good cause, the court may: (1) Order a filing which contains additional personal or confidential information, other than the information required to be redacted pursuant to this Code section, be sealed and may also order that a redacted version of the same filing be filed for the public record; and (2) Limit or prohibit a nonparty's remote electronic access to a document filed with the court. (g) A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. Such reference list shall be filed under seal and may be amended as of right. Any reference in a civil action to a listed identifier shall be construed to refer to the corresponding item of information. (h) A filer waives the protections provided by subsection (a) of this Code section to the extent that he or she makes his or her own filing without redaction and not under seal."

SECTION 7. Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by revising subsections (h) and (i) of Code Section 18-4-20, relating to property subject to garnishment generally, claim amount, and social security number on summons, as follows:
"(h) The summons of garnishment, including a summons of continuing garnishment, shall on its face set forth the social security number of the defendant to the extent it is reasonably available to the plaintiff; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable. The defendant's full social security number shall be made known to the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable, to the extent such information is reasonably available to the plaintiff.
(i)(1) A summons of garnishment upon a financial institution, or an attachment thereto, shall state with particularity all of the following information, to the extent reasonably available to the plaintiff:
(A) The name of the defendant, and, to the extent such would reasonably enable the garnishee to properly respond to the summons, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof; (B) The service address and the current addresses of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant; (C) The social security number or federal tax identification number of the defendant; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable. The defendant's full social security number or federal tax identification number shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable, to the extent such information is reasonably available to the plaintiff; and (D) Account, identification, or tracking numbers reasonably available to the plaintiff used by the garnishee in the identification or administration of the defendant's funds or property; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable. The defendant's account, identification, or tracking numbers shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable, to the extent such information is reasonably available to the plaintiff. (2) A misspelling of any information required by this subsection, other than the surname of a natural person defendant, shall not invalidate a summons of garnishment, so long as such information is not misleading in a search of the garnishee's records."

SECTION 8. Said chapter is further amended by revising paragraphs (2) and (7) of Code Section 18-4-66, relating to forms for postjudgment garnishment, as follows:

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"(2) Summons of garnishment.

IN THE ______ COURT OF __________ COUNTY STATE OF GEORGIA

__________

)

Plaintiff

)

)

v.

)

Civil action

)

File no. ____

__________

)

Defendant

)

Last four digits of social

)

security number

)

)

__________

)

Garnishee

)

)

__________

)

Address

)

SUMMONS OF GARNISHMENT

To: ______________ Garnishee

Amount claimed due by plaintiff

$________

(To be completed by plaintiff)

Plus court costs due on the summons

$________

(To be completed by the clerk)

YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages,

except what is exempt, belonging to the defendant, or debts owed to the defendant named

above at the time of service of this summons and between the time of service of this

summons and the time of making your garnishee answer. Not sooner than 30 days but

not later than 45 days after you are served with this summons, you are commanded to file

your garnishee answer in writing with the clerk of this court and serve a copy upon the

plaintiff or the plaintiff's attorney named below. Money or other property subject to this

summons should be delivered to the court with your garnishee answer. Should you fail

to file a garnishee answer to this summons, a judgment will be rendered against you for

the amount the plaintiff claims due by the defendant.

Witness the Honorable ______________, Judge of said Court.

This ______ day of ______________, ____.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

____________________ Clerk,
______ Court of ______ County ____________________ Plaintiff's attorney ______________ Address Service perfected on garnishee, this ____ day of ______________, ____.

____________________
Deputy marshal, sheriff, or constable"
"(7) Attachment to summons of garnishment upon a financial institution.

IN THE ______ COURT OF __________ COUNTY STATE OF GEORGIA

__________ Plaintiff
v.
__________ Defendant

)

)

)

)

Civil action

)

File no. ____

)

)

)

_________________

)

Other known names

)

of Defendant

)

)

________________

)

Current and past

)

addresses of Defendant

)

)

______________________

)

Last four digits of social

)

security number

)

or federal tax

)

identification number

)

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489

of Defendant

)

)

______________________

)

Last four digits of account

)

or identification

)

numbers of Defendant

)

used by Garnishee

)

)

_________________

)

Other allegations

)

)

__________

)

Garnishee

)"

SECTION 9. Said chapter is further amended by revising paragraph (2) of Code Section 18-4-118, relating to forms for continuing garnishment, as follows:
"(2) Summons of continuing garnishment.

IN THE ______ COURT OF __________ COUNTY STATE OF GEORGIA

__________

)

Plaintiff

)

)

v.

)

Civil action

)

File no. ____

__________

)

Defendant

)

Last four digits of social

)

security number

)

)

__________

)

Garnishee

)

)

__________

)

Address

)

SUMMONS OF CONTINUING GARNISHMENT

To: ______________ Garnishee

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Amount claimed due by plaintiff

$________

(To be completed by plaintiff)

Plus court costs due on this summons

$________

(To be completed by clerk)

YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages,

except what is exempt, belonging to the defendant, or debts owed to the defendant named

above at the time of service of this summons and between the time of service of this

summons to and including the one hundred seventy-ninth day thereafter. Not later than

45 days after you are served with this summons, you are commanded to file your

garnishee answer in writing with the clerk of this court and serve a copy upon the plaintiff

or his attorney named below. This garnishee answer shall state what property, money,

and wages, except what is exempt, belonging to the defendant, or debts owed to the

defendant, you hold or owe at the time of service of this summons and between the time

of such service and the time of making your first garnishee answer. Thereafter, you are

required to file further garnishee answers no later than 45 days after your last garnishee

answer. Every further garnishee answer shall state what property, money, and wages,

except what is exempt, belonging to the defendant, or debts owed to the defendant, you

hold or owe at and from the time of the last garnishee answer to the time of the current

garnishee answer. The last garnishee answer required by this summons shall be filed no

later than the one hundred ninety-fifth day after you receive this summons. Money or

other property admitted in a garnishee answer to be subject to continuing garnishment

shall be delivered to the court with your garnishee answers. Should you fail to file

garnishee answers as required by this summons, a judgment will be rendered against you

for the amount the plaintiff claims due by the defendant.

Witness the Honorable ______________, Judge of said Court.

This ______ day of ______________, ____.

____________________ Clerk,
______ Court of __________ County ____________________ Plaintiff's attorney ______________ Address Service perfected on garnishee, this ______ day of ______________, ____.

____________________ Deputy marshal, sheriff,
or constable"

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SECTION 10. Section 1 of this Act shall become effective on January 1, 2015. Sections 2 through 9 of this Act shall become effective on July 1, 2014, and shall apply to any filings made on or after such date.

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

Approved April 22, 2014.

__________

EDUCATION REVISE ELIGIBILITY FOR HOPE SCHOLARSHIPS FOR ENTERING FRESHMEN WHO ARE HOME STUDY STUDENTS.

No. 587 (House Bill No. 810).

AN ACT

To amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to revise eligibility requirements for HOPE scholarships for entering freshman students who are home study students regarding scores on a standardized college admission test; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by revising subparagraph (a)(1)(C) as follows:
"(C) In the case of an otherwise qualified student who: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 but received the general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school; or (iii) Graduated from a high school which is not an eligible high school, earning a score in the eightieth percentile or higher nationally on a standardized college admission test, such as the SAT or ACT; and"

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

Approved April 22, 2014.

__________

CRIMES AND OFFENSES REVISE PROVISIONS REGARDING CRUELTY AND AGGRAVATED CRUELTY TO ANIMALS.

No. 588 (House Bill No. 863).

AN ACT

To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to change provisions relating to cruelty to animals and aggravated cruelty to animals; to provide for and change definitions; to clarify provisions relating to justification; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, is amended by revising Code Section 16-12-4, relating to cruelty to animals, as follows:
"16-12-4. (a) As used in this Code section, the term:
(1) 'Animal' shall not include any fish nor shall such term include any pest that might be exterminated or removed from a business, residence, or other structure. (2) 'Malice' means:
(A) An actual intent, which may be shown by the circumstances connected to the act, to cause the particular harm produced without justification or excuse; or

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(B) The wanton and willful doing of an act with an awareness of a plain and strong likelihood that a particular harm may result. (b) A person commits the offense of cruelty to animals when he or she: (1) Causes physical pain, suffering, or death to an animal by any unjustifiable act or omission; or (2) Having intentionally exercised custody, control, possession, or ownership of an animal, fails to provide to such animal adequate food, water, sanitary conditions, or ventilation that is consistent with what a reasonable person of ordinary knowledge would believe is the normal requirement and feeding habit for such animal's size, species, breed, age, and physical condition. (c) Any person convicted of the offense of cruelty to animals shall be guilty of a misdemeanor; provided, however, that any person who has had a prior adjudication of guilt for the offense of cruelty to animals or aggravated cruelty to animals, or an adjudication of guilt for the commission of an offense under the laws of any other state, territory, possession, or dominion of the United States, or of any foreign nation recognized by the United States, which would constitute the offense of cruelty to animals or aggravated cruelty to animals if committed in this state, including an adjudication of a juvenile for the commission of an act, whether committed in this state or in any other state, territory, possession, or dominion of the United States, or any foreign nation recognized by the United States, which if committed by an adult would constitute the offense of cruelty to animals or aggravated cruelty to animals, upon the second or subsequent conviction of cruelty to animals shall be guilty of a misdemeanor of a high and aggravated nature. (d) A person commits the offense of aggravated cruelty to animals when he or she : (1) Maliciously causes the death of an animal; (2) Maliciously causes physical harm to an animal by depriving it of a member of its body, by rendering a part of such animal's body useless, or by seriously disfiguring such animal's body or a member thereof; (3) Maliciously tortures an animal by the infliction of or subjection to severe or prolonged physical pain; (4) Maliciously administers poison to an animal, or exposes an animal to any poisonous substance, with the intent that the substance be taken or swallowed by the animal; or (5) Having intentionally exercised custody, control, possession, or ownership of an animal, maliciously fails to provide to such animal adequate food, water, sanitary conditions, or ventilation that is consistent with what a reasonable person of ordinary knowledge would believe is the normal requirement and feeding habit for such animal's size, species, breed, age, and physical condition to the extent that the death of such animal results or a member of its body is rendered useless or is seriously disfigured. (e) Any person convicted of the offense of aggravated cruelty to animals shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $15,000.00, or both; provided, however, that any person who has had a prior adjudication of guilt for the offense of aggravated cruelty to animals, or an

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adjudication of guilt for the commission of an offense under the laws of any other state, territory, possession, or dominion of the United States, or of any foreign nation recognized by the United States, which would constitute the offense of aggravated cruelty to animals if committed in this state, including an adjudication of a juvenile for the commission of an act, whether committed in this state or in any other state, territory, possession, or dominion of the United States, or any foreign nation recognized by the United States, which if committed by an adult would constitute the offense of aggravated cruelty to animals, upon the second or subsequent conviction of aggravated cruelty to animals shall be punished by imprisonment for not less than one nor more than ten years, a fine not to exceed $100,000.00, or both. (f) Before sentencing a defendant for any conviction under this Code section, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. (g) The provisions of this Code section shall not be construed as prohibiting conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, agricultural, animal husbandry, butchering, food processing, marketing, scientific research, training, medical, zoological, exhibition, competitive, hunting, trapping, fishing, wildlife management, or pest control practices or the authorized practice of veterinary medicine nor to limit in any way the authority or duty of the Department of Agriculture, Department of Natural Resources, any county board of health, any law enforcement officer, dog, animal, or rabies control officer, humane society, veterinarian, or private landowner protecting his or her property.
(h)(1) In addition to justification and excuse as provided in Article 2 of Chapter 3 of this title, a person shall be justified in injuring or killing an animal when and to the extent that he or she reasonably believes that such act is necessary to defend against an imminent threat of injury or damage to any person, other animal, or property. (2) A person shall not be justified in injuring or killing an animal under the circumstances set forth in paragraph (1) of this subsection when:
(A) The person being threatened is attempting to commit, committing, or fleeing after the commission or attempted commission of a crime; (B) The person or other animal being threatened is attempting to commit or committing a trespass or other tortious interference with property; or (C) The animal being threatened is not lawfully on the property where the threat is occurring. (3) The method used to injure or kill an animal under the circumstances set forth in paragraph (1) of this subsection shall be designed to be as humane as is possible under the circumstances. A person who humanely injures or kills an animal under the circumstances indicated in this subsection shall incur no civil liability or criminal responsibility for such injury or death."

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

Approved April 22, 2014.

__________

STATE HIGHWAY SYSTEM PORTIONS DEDICATED.

No. 590 (House Resolution No. 1200).

A RESOLUTION

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

PART I WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper James David Young on May 4, 1975; and

WHEREAS, a native of Fitzgerald, Georgia, Trooper Young attended the 41st Trooper School and was assigned to service at Post 30 in Cordele, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed by a prisoner while working with the Cordele Police Department; and

WHEREAS, Trooper Young exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART II WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper First Class Donward Francis Langston on July 26, 1983; and

WHEREAS, a native of Summerville, Georgia, Trooper First Class Langston attended the 45th Trooper School and was assigned to service at Post 29 in Cedartown, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed in a patrol car crash on Ga. 1 in Polk County; and

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WHEREAS, Trooper First Class Langston exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART III WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Corporal Tyrone Collier Dillard on February 3, 1977; and

WHEREAS, a native of Athens, Georgia, Corporal Dillard attended the 32nd Trooper School and was assigned to service at Post 6 in Gainesville, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed while directing traffic on Ga. 129 near Gainesville; and

WHEREAS, Corporal Dillard exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART IV WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper John Dixon Morris on May 18, 1982; and

WHEREAS, a native of Dublin, Georgia, Trooper Morris attended the 54th Trooper School and was assigned to service at Post 8 in Madison, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short after he was killed in a patrol car crash on Atlanta Highway in Monroe, Georgia; and

WHEREAS, Trooper Morris exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART V WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Special Agent Lt. Benjamin Louis Sentell on March 3, 1966; and

WHEREAS, a native of Waynesboro, Georgia, Special Agent Sentell attended the 3rd Trooper School and was assigned to service in Waynesboro; and

WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed in a patrol car crash on State Route 24 near Louisville, Georgia; and

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WHEREAS, Special Agent Sentell exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART VI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper First Class James Keith Stewart, Jr., on April 27, 1991; and

WHEREAS, a native of Vienna, Georgia, Trooper Stewart attended the 57th Trooper School and was assigned to service at Post 30 in Cordele, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed in a patrol car crash on State Route 215 near Pitts, Georgia; and

WHEREAS, Trooper Stewart exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART VII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Special Agent Larry Paul Collins on November 5, 1973; and

WHEREAS, a native of Hawkinsville, Georgia, Special Agent Collins attended the 34th Trooper School and was assigned to service in Americus, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed in an automobile crash on State Route 128 in Taylor County, Georgia; and

WHEREAS, Special Agent Collins exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART VIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper First Class Keith Harlan Sewell on January 17, 1979; and

WHEREAS, a native of Atlanta, Georgia, Trooper Sewell attended the 49th Trooper School and was assigned to service at Post 8 in Madison, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed in a patrol car crash on State Route 24 in Oconee County; and

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WHEREAS, Trooper Sewell exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART IX WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Billy Arthur Tanner on April 11, 1970; and

WHEREAS, a native of Cedartown, Georgia, Trooper Tanner attended the 35th Trooper School and was assigned to service at Post 43 in Calhoun, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short after a patrol car crash on State Route 225 in Calhoun, Georgia; and

WHEREAS, Trooper Tanner exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART X WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper First Class William Gaines Andrews, Jr., on May 8, 1977; and

WHEREAS, a native of Thomaston, Georgia, Trooper Andrews attended the 45th Trooper School and was assigned to service at Post 34 in Manchester, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed in a patrol car crash on State Route 41 near Talbotton, Georgia; and

WHEREAS, Trooper Andrews exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART XI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Edward Clifton Taylor on June 26, 1971; and

WHEREAS, a native of Toccoa, Georgia, Trooper Taylor attended the 37th Trooper School and was assigned to service at Post 33 in Milledgeville, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short after a patrol car crash on State Route 44 in Jones County; and

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WHEREAS, Trooper Taylor exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART XII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Mark Allen Page on June 22, 1968; and

WHEREAS, a native of Ellijay, Georgia, Trooper Page attended the 26th Trooper School and was assigned to service with Post 27 in Blue Ridge, Georgia; and

WHEREAS, this dedicated law enforcement officer's life was cut short after a patrol car crash on State Route 2 in Union County; and

WHEREAS, Trooper Page exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART XIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Victor Harvey Turpen on February 23, 1965; and

WHEREAS, a native of Tallulah Falls, Georgia, Trooper Turpen attended the 17th Trooper School and was assigned to service with the Motor Vehicle Inspection Unit; and

WHEREAS, this dedicated law enforcement officer's life was cut short after a patrol car crash in Atlanta; and

WHEREAS, Trooper Turpen exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.

PART XIV WHEREAS, Bobby Staton was born in Rabun County, Georgia, and was raised in Clayton, Georgia; and

WHEREAS, he began his career with the Georgia State Patrol on July 7, 1968, and retired as a senior trooper on June 1, 2000, after 32 years of excellent service; and

WHEREAS, he was a dedicated trooper and a good and honest man; and

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WHEREAS, Bobby was a master mason in Blue Ridge Lodge # 67 and was a member of the Blue Ridge First Baptist Church; and

WHEREAS, he was a wonderful father and husband and leaves behind his beautiful wife, Claudia Cannon Staton, and their two children, son Cole Staton and daughter Shannon Staton; and

WHEREAS, Bobby Staton passed away on July 2, 2002, from cancer; and

WHEREAS, it is only fitting to dedicate a lasting memorial in honor of his life well lived and his tireless service to the people of Georgia.

PART XV NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Ga. 107 from the eastern city limit of Fitzgerald to the northwest city limit is dedicated as the Trooper James David Young Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Ga. 1 over Blacks Bluff Road in Floyd County is dedicated as the Trooper First Class Donward Francis Langston Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 11 from its intersection with I-985 to the Jackson County line is dedicated as the Corporal Tyrone Collier Dillard Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 15 from the northern city limit of Eatonton to the southern city limit of Madison is dedicated as the Trooper John Dixon Morris Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 24 from the western city limit of Waynesboro to the intersection of Ga. 305 is dedicated as the Special Agent Lt. Benjamin Louis Sentell Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 215 from the southern city limit of Vienna to the northern city limit of Pitts is dedicated as the Trooper First Class James Keith Stewart, Jr., Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 257 from the southern city limit of Hawkinsville to the northern city limit of Cordele is dedicated as the Special Agent Larry Paul Collins Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 441 over the railroad tracks between the intersection of Ga. 12 and Lower Apalachee Road in Morgan County is dedicated as the Trooper First Class Keith Harlan Sewell Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 6 from the U.S. 27 Bypass to the western city limit of Rockmart is dedicated as the Trooper Billy Arthur Tanner Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 41 from the northern city limit of Talbotton to the southern city limit of Woodland is dedicated as the Trooper First Class William Gaines Andrews, Jr., Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 184 from the Jeanette Jamieson Intersection with Ga. 365 and the Ga. 17 Toccoa Bypass to the intersection of Dicks Hill Parkway is dedicated as the Trooper Edward Clifton Taylor Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 52 from its intersection with Rackley Road to the Dawson County line is dedicated as the Trooper Mark Allen Page Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 15 from the northern city limit of Tallulah Falls to the southern city limit is dedicated as the Trooper Victor Harvey Turpen Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge over Lake Burton on US 76 be dedicated as the Trooper Bobby Staton Memorial Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the families of Trooper James David Young; Trooper First Class Donward Francis Langston; Corporal Tyrone Collier Dillard; Trooper John Dixon Morris; Special Agent Lt. Benjamin Louis Sentell; Trooper First Class James Keith Stewart, Jr.; Special Agent Larry Paul Collins; Trooper First Class Keith Harlan Sewell; Trooper Billy Arthur Tanner; Trooper First Class William Gaines Andrews, Jr.; Trooper Edward Clifton Taylor; Trooper Mark Allen Page; Trooper Victor Harvey Turpen; and Senior Trooper Robert "Bobby" Caroll Staton.

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Approved April 22, 2014.

__________

GENERAL ASSEMBLY JOINT STUDY COMMITTEE ON CRITICAL TRANSPORTATION
INFRASTRUCTURE FUNDING.

No. 591 (House Resolution No. 1573).

A RESOLUTION

Creating the Joint Study Committee on Critical Transportation Infrastructure Funding; and for other purposes.

WHEREAS, transportation is a critical component of Georgia's economic competitiveness as a state; and

WHEREAS, Georgia is home to 15 Fortune 500 companies for whom transportation infrastructure is a critical component; and

WHEREAS, Georgia is home to the world's busiest airport, fastest growing seaport, ninth largest transit system, third largest freight rail network in the United States, and 6.5 million drivers who travel 108.5 billion miles each year; and

WHEREAS, Georgia's elected leadership has demonstrated excellent resourcefulness and productivity with current resource levels by utilizing innovative finance and project delivery mechanisms; and

WHEREAS, transportation is a critical resource in providing high quality of life for the residents of Georgia; and

WHEREAS, transportation is essential to commerce and the provision of goods and services to the people across this state, to getting Georgia's citizens to the workplace and medical and educational facilities, to the tourism industry, to the freight and logistics industry, and to every facet of the lives of Georgia's citizens; and

WHEREAS, the federal government has demonstrated an increasing inability to deliver a consistent, predictable transportation funding environment; and

WHEREAS, Georgia's growth rate is twice the national average; and

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WHEREAS, Georgia's transportation investment per capita is less than most of her regional neighbors; and

WHEREAS, traffic congestion in Georgia is projected to increase by 25 percent in the next seven years; and

WHEREAS, Georgia's transportation leadership has predicted that current funding levels can, at best, cover 50 percent of our greatest needs; and

WHEREAS, new sources and methods of funding transportation projects are needed to allow the transportation systems in Georgia to keep up with the needs of the population; and

WHEREAS, the General Assembly needs to study these issues to determine funding mechanisms for road transportation projects in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Critical Transportation Infrastructure Funding to be composed of 16 members as follows:
(1) The chairperson of the House Committee on Transportation; (2) The chairperson of the Senate Transportation Committee; (3) The chairperson of the House Committee on Appropriations; (4) The chairperson of the Senate Appropriations Committee; (5) Three representatives and one citizen member appointed by the Speaker of the House of Representatives; (6) Three senators and one citizen member appointed by the President of the Senate; (7) The president and chief executive officer of the Georgia Chamber of Commerce or his or her designee; (8) The president and chief executive officer of the Metro-Atlanta Chamber of Commerce or his or her designee; (9) The executive director of the Association County Commissioners of Georgia; and (10) The executive director of the Georgia Municipal Association. The chairperson of the House Committee on Transportation and the chairperson of the Senate Transportation Committee shall serve as co-chairpersons of the committee. The co-chairpersons shall call all meetings of the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and make specific legislative recommendations for consideration in the next legislative session. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members of the

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committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than eight days unless additional days are authorized. The funds necessary to pay the allowances for members of the committee shall come from the funds appropriated to the House of Representatives and the Senate. The funds necessary to pay all other expenses incurred by the committee shall come from the private stakeholders serving on the committee. Those stakeholders are authorized and directed to provide the committee with such logistical, professional, and other support as the committee deems necessary to carry out the committee's duties under this resolution. The committee shall deliver legislative recommendations to the legislature by November 30, 2014, and shall stand abolished on December 1, 2014.

Approved April 22, 2014.

__________

EXPRESSING SUPPORT FOR STATE PLAN FOR ALZHEIMER'S DISEASE
AND RELATED DEMENTIAS.

No. 594 (Senate Resolution No. 746).

A RESOLUTION

Expressing support for the State Plan for Alzheimer's Disease and Related Dementias; and for other purposes.

WHEREAS, Alzheimer's disease is an ever-growing health concern among Georgia families; and

WHEREAS, more than 120,000 Georgians live with Alzheimer's disease, and the figure will leap to 160,000 by 2025; and

WHEREAS, although Alzheimer's disease accounts for 60 to 80 percent of dementia diagnoses, it is only one of many types of dementia, making the impact on Georgians staggering; and

WHEREAS, Senate Bill 14 enacted during the 2013 General Session created the Georgia Alzheimer's and Related Dementias State Plan Task Force and directed the task force to develop a state plan to mobilize a response to Alzheimer's disease and related dementias as a public health crisis; and

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WHEREAS, as a result of this successful legislation, this multidisciplinary group of state leaders assessed Georgia's capacity to meet dementia related needs and recommended innovative new ways to address the issue; and

WHEREAS, in addition, a diverse array of advisors representing the fields of research, medicine, law enforcement, work force development, and more helped the task force analyze challenges and develop recommendations; and

WHEREAS, the resulting plan will serve as Georgia's blueprint for improving dementia prevention and treatment, community services, family support, and public awareness; and

WHEREAS, as a living document, the plan will undergo regular review and reassessment to meet the evolving needs of Georgians living with dementia; and

WHEREAS, this plan was developed to ensure that people with dementia, their families, and caregivers have ready access to reliable information, support, and services and that they are delivered as effectively and efficiently as possible.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia recognizes the increasing and devastating impact of Alzheimer's disease and related dementias on those afflicted and upon their families and caregivers.

BE IT FURTHER RESOLVED that the General Assembly expresses support for the State Plan for Alzheimer's Disease and Related Dementias as developed by the Georgia Alzheimer's and Related Dementias State Plan Task Force.

BE IT FURTHER RESOLVED that all Georgia communities, the private sector, and state and local government agencies are encouraged to implement the State Plan for Alzheimer's Disease and Related Dementias.

Approved April 22, 2014.

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STATE PROPERTY CONVEYANCES.

No. 595 (Senate Resolution No. 788).

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Appling County; authorizing the conveyance of certain state owned real property located in Baldwin County and in Baldwin and Wilkinson counties; authorizing the leasing and conveyance of certain state owned real property located in Chatham County; authorizing the leasing of certain state owned real property located in Cobb County; authorizing the leasing of certain state owned real property located in Columbia County; authorizing the ratification of 2012 Resolution Act No. 759 (H.R. 1376) of an exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned and real property located in DeKalb County; authorizing the conveyance and leasing of, and easements upon, certain state owned real property located in Fulton County; authorizing the conveyance of certain state owned real property located in Liberty County; authorizing the conveyance and leasing of certain state owned real property located in Meriwether County; authorizing the leasing of certain state owned real property located in Monroe County; authorizing the conveyance of certain state owned real property located in Muscogee County; authorizing the conveyance of certain state owned real property located in Rabun County; authorizing the conveyance of certain state owned real property located in Spalding County; authorizing the conveyance of certain state owned real property located in Tattnall County; authorizing the conveyance of certain state owned real property located in Toombs County; authorizing the conveyance of certain state owned real property located in Troup County; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; and (2) Said real property is all that parcel or tract being approximately 7.162 acres of state property lying and being in Land Lot 191, 2nd Land District, Appling County, Georgia, acquired by virtue of General Warranty Deed between Appling County, Georgia, as the Grantor, and the State of Georgia as the Grantee, dated March 5, 2008, for consideration of $10.00 as recorded in Deed Book 442, Pages 487-489 in the Office of the Clerk of Superior Court of Appling County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 010485, and accompanying Plat recorded in Plat Book 19, Page 1 in the Office of the Clerk of the Superior Court of Appling County, Georgia, entitled, "SURVEY FOR: GEORGIA DEPARTMENT OF TECHNICAL AND ADULT EDUCATION BY MERLIN J.

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TOMBERLIN & ASSOC. DATED 05/05/07"; and being on file in the offices of the State Properties Commission; and (3) Said parcel or tract is under the custody of the Technical College System of Georgia as the former site of Baxley Armory Tract of Altamaha Technical College; and (4) By letter of September 11, 2013, the Chairman of the Development Authority of Appling County requested that the improved property be conveyed to the Authority when surplus to the State's use; and (5) By resolution dated September 5, 2013, the Technical College System of Georgia declared the property surplus to its current and future needs, and resolved to surplus the above described improved property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; and (2) Said property is all that parcel or tract being approximately 2,134 acres of state property being on file in the offices of the State Properties Commission and inventoried as Central State Hospital campus/Property ID # 51710 as of February 3, 2014, less and except approximately 272 acres described in Paragraph 3 below, and including three facilities previously known as Rivers State Prison, Scott State Prison, and Mens State Prison, no longer operated by the Georgia Department of Corrections and surplus to its needs; and (3) Certain improved parcels or tracts under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities will be retained totaling approximately 239 acres, [parcels or tracts commonly known as Allen (containing approximately 5.0 acres), Chapel #4 (containing approximately 1.0 acre), CSH Police Department (containing approximately 3.0 acres), Kidd (containing approximately 8.0 acres), Dental Clinic (containing approximately 4.0 acres), EWAC (containing approximately 54 acres), Gas Station (containing approximately 2.0 acres), Greenhouse (containing approximately 6.0 acres), House #10 (containing approximately 3.0 acres), Lawrence (containing approximately 10.0 acres), New Directions Industries (NDI) (containing approximately 2.0 acres), Cook Building Facility ([containing] approximately 63 acres); Recycling Center (containing approximately 2.0 acres), Water Tank (containing approximately 1.0 acre), and the Georgia Department of Corrections' Colony Farms (Georgia Correctional Industries) (containing approximately 109 acres)], which the Georgia Department of Behavioral Health and Developmental Disabilities will continue to operate, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (4) The Georgia Department of Behavioral Health and Developmental Disabilities stated that the property in Paragraph 2 above is surplus to the state's use and needs; and

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WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Baldwin and Wilkinson counties, Georgia; and (2) Said real property is all those tracts or parcels of land lying and being in Land Lots 201, 214, 215, 224, and 225, 5th Land District, 1714th G.M.D., Baldwin County, Georgia, and Land Lot 201, 5th Land District, 328th G.M.D., Wilkinson County, Georgia, containing approximately 477 acres, as shown on two plats of survey entitled Survey Property for the Fall Line Regional Development Authority, dated October 31, 2006, and October 18, 2006, and being tracts C and E (Baldwin County) and tracts A and F (Wilkinson County), prepared by Byron L. Farmer, Georgia Registered Land Surveyor #1679, 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; and (3) Said tracts or parcels are a portion of Bartram Forest now under the custody of the Georgia Forestry Commission; and (4) The Georgia Department of Transportation intends to construct the "Fall Line Freeway" which will bisect Bartram Forest, and the Fall Line Regional Development Authority is desirous of constructing an industrial park at the intersection of U.S. Highway 441 and said Fall Line Freeway; and (5) It has been determined that the development of said industrial park on the above-described property would be of great economic benefit to the citizens of Baldwin and Wilkinson counties as well as the state; and (6) The State Forestry Commission, by letter from the director dated September 21, 2005, agrees to the conveyance to the Fall Line Regional Development Authority with the provision that State Forestry Commission retains timber rights on the 477 +/- acre tracts or parcels for management and harvesting until such time as the actual conversion of the land use; and
(7) It would be in the best interest of the State of Georgia to convey the above-described property to the Fall Line Regional Development Authority for fair market value; and

WHEREAS: (1) The State of Georgia is the owner of a certain tract or parcel of improved real property located in Chatham County, Georgia; (2) Said real property is all that certain lot, tract, or parcel of land, situate, lying and being in the 6th G.M. District of Chatham County, Georgia, consisting of 2.232 acres of land more particularly described as follows:

Commencing at a point located at the southwest corner of the intersection of the rights-of-way of Eisenhower and Seawright Drives; running thence south 17E 30N west, along the west edge of the right-of-way of Seawright Drive, for a distance of 300 feet to a concrete monument, being the point of beginning; continuing thence south 17E 30N

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west along the west edge of the right-of-way of Seawright Drive for a distance of 50 feet to a point; running thence north 72E 30N west for a distance of 179.95 feet to a point; running thence south 86E 56N 30O west for a distance of 85.44 feet to a point; running thence south 17E 30N west for a distance of 160 feet to a concrete monument; running thence north 72E 30N west for a distance of 346 feet to a concrete monument; running thence north 17E 30N east for a distance of 240 feet to a concrete monument; running thence south 72E 30N east for a distance of 346 feet to a concrete monument; continuing thence south 72E 30N east for a distance of 259.95 feet to a concrete monument and the point of beginning; said 2.232 acre tract being also shown as a 1.906 acre tract plus a.326 acre tract on a certain survey plat dated June 14, 1974 and revised September 16, 1974 prepared by Barrett & Exley, Inc. for the State of Georgia Department of Human Resources, a copy of said plat being hereto attached and a copy being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Plat or Map Record Book Y, Folio 61; said plat by reference being incorporated herein and made a part hereof. The above described tract being a portion of the property conveyed by deed dated May 18, 1959 from Chatham County, Georgia, a political subdivision of the State of Georgia, through the Commissioners of Chatham County, Georgia, and ex-officio Judges thereof to Chatham Chapter, Georgia Association for the Help of Retarded Children, Incorporated, a Georgia corporation, with offices in Savannah, Georgia; said deed, with a resolution attached, being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Deed Record Book 72 K's, Folio 264; (3) Said property is under the custody of the Department of Behavioral Health and Developmental Disabilities; (4) Said parcel is currently rented to Coastal Center for Developmental Services, Inc.; (5) Coastal Center for Developmental Services, Inc., is desirous of leasing the above-described state property; and (6) The Department of Behavioral Health and Developmental Disabilities has no objection to the leasing of the above-described property.

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; and (2) Said real property is all that parcel or tract lying and being in the 8th Georgia Militia District of Chatham County and is more particularly described as an approximately 0.432 of an acre portion of approximately 54 acres of state property acquired from the City of Savannah and the Savannah Airport Commission for the Coastal State Prison, dated February 27, 1976, and inventoried as Real Property Record # 06203 in the offices of the State Properties Commission and accompanying plat as recorded in Plat Book 2, Page 109 in the Office of the Clerk of Superior Court of Chatham County, and may be more particularly described on an engineered drawing or on a plat of survey prepared by a

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Georgia registered land surveyor and presented to the State Properties Commission for approval; and (3) The above-described 0.432 of an acre property is in the custody of the Georgia Department of Corrections as a portion of the Coastal State Prison in Savannah; and (4) The Georgia Department of Transportation in a letter dated January 24, 2013, requested that the 0.432 of an acre property along County Road 9/Gulfstream Road be conveyed for $1,850.00 to widen and reconstruct the Road with $10,650.00 reimbursement for damages to the prison's entrance and two signs as well as a land conveyance, as more particularly described as Parcel 4 on a September 9, 2012, drawing entitled "Right-of-Way Map for Georgia Department of Transportation" in Chatham County, CMSLP- 008-00-276 (Chatham County) Project PI # 00008276, and being on file in the offices of the State Properties Commission; and (5) The Board of Corrections has determined by resolution dated May 2, 2013, that the property is surplus to its needs and is available for conveyance to the Georgia Department of Transportation, with cure for damages; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cobb County, Georgia; and (2) Said real property is all that parcel described as the lease area being approximately 0.77 of an acre and being in Land Lot No. 1218 of the 16th Land District, 2nd Section of Cobb County and is a portion of the Western and Atlantic Railroad property in the custody of the State Properties Commission, being the same areas that were until 2009 leased in two parcels to the City of Marietta since 1977 and 1978, said 2009 lease being inventoried in the commission's records as Real Property Record 10685 on file in the commission's office, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (3) The City of Marietta on January 2, 2014, requested a new lease term of 20 years to expire December 21, 2039, to meet requirements of a grant for improvements; and (4) The rate for the new lease would be $650.00 per year; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 638 square feet of improved property located in Grovetown, Columbia County, Georgia; and (2) Said improved property is all that area of floor space containing 638 square feet of improved property located at Augusta State Medical Prison in Grovetown, Columbia County, Georgia; and (3) Said property is in the custody of the Department of Corrections and is a part of Augusta State Medical Prison; and

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(4) MCG Health, Inc. is desirous of leasing the above-described property for pharmaceutical operations and an Oncology Clinic for a term of ten years for $10.00 per square foot; and (5) The Department of Corrections has no objection to the leasing of the above-described property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dade County, Georgia; and (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; and (3) The above-described property operated as the Dade County Unit under the custody of the Georgia Forestry Commission until it was destroyed by a tornado on April 28, 2011; and (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, last revised on November 13, 2013, 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 Georgia Forestry Commission Dade Unit, and as described on the same plat; and (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; and (6) The Georgia Forestry Commission, by resolution dated May 19, 2011, recommended the exchange as described above as being beneficial to the state and recommended cancellation of the County's 25 year lease on the three acres when the exchange is effected; and (7) Said exchange was approved by 2012 Resolution Act No. 759 (H.R. 1376), approved by the Governor on May 2, 2012; and (8) Dade County approved movement of the south property line of the three-acre tract north by 30 feet so that the county could declare the road located adjacent to it as a county road and shift the northern property line of the three-acre tract by the same area, as shown on a plat of survey dated July 14, 2011, last revised on November 13, 2013, by surveyor Paul Rogers, Registered Land Surveyor No. 2303; and (9) Dade County and the Georgia Forestry Commission request that the 2012 Resolution Act No. 759 (H.R. 1376) be ratified to reflect the corrected boundary line of the three-acre acquisition tract described above, and to terminate the 25 year lease; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in DeKalb County, Georgia; and (2) Said real property is all that parcel or tract containing approximately 5.3358 acres of improved real property lying and being in Land Lots 236 and 243, 18th Land District, DeKalb County, Georgia, as described in that June 23, 2009, quitclaim deed from the Georgia Building Authority recorded in Deed Book 21615, Page 241 in the Office of the Clerk of Superior Court of DeKalb County, Georgia, and on file in the offices of the State Properties Commission as Real Property Record # 10656 and shown on a plat by Samuel G. Evans, Jr., Surveyor, recorded in Plat Book 83, Page 155 in the Office of the Clerk of the Superior Court of DeKalb County, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (3) The above-described property is under the custody of the Georgia Department of Public Health and is located at 2600 Skyland Drive ("the facility"); and (4) The Georgia Department of Public Health has determined that it will at no time in the future have a use for the improved property and infrastructure comprising the facility and declared it surplus to its needs; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in parts of Land Lot 853, 1st Land District, 2nd Section, City of Alpharetta, Fulton County, Georgia, containing approximately 1.4 acres for right of way, together with approximately 0.1 acre of permanent easement and approximately 1.7 acres of temporary easement to be conveyed and is more particularly described on a drawing entitled "Proposed Northwinds Parkway Conveyance," dated January 28, 2014, and on file in the offices of the State Properties Commission, and presented to the State Properties Commission for approval; and (3) Said parcel or tract is under the custody of the Technical College System of Georgia and will be the location of the planned Gwinnett Technical College campus; and (4) By letter dated August 26, 2012, the City of Alpharetta requested that the property be conveyed for the extension of Northwinds Parkway from Kimball Bridge Road to Old Milton Parkway and will provide access to the property owned by the State of Georgia and dedicated for the planned Gwinnett Technical College Alpharetta campus; and (5) The Technical College System of Georgia has determined that it no longer has a need for the above-described property and has declared it surplus to its needs; and

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WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property known as the Geo. L. Smith II Georgia World Congress Center Authority (the authority), located in Fulton County, Georgia; and (2) Said property is all that tract or parcel of land lying and being in Land Lots 83 and 84 of the 14th District of Fulton County containing approximately 43 acres designated as the New Stadium Project, the boundary of which is described in red as "NSP limits" on a drawing entitled Roadway Abandonment Phasing Exhibit, last revised December 17, 2013, and on file in the offices of the State Properties Commission, 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; and (3) The above-described tract comprises a portion of the Georgia World Congress Center campus which is in the custody of the Department of Economic Development and managed by the authority through that certain management agreement dated April 8, 1974, as subsequently amended; and (4) The Department of Economic Development, by and through the authority, desires the state to ground lease to the authority the NSP area of approximately 43 acres for 40 years with two renewal options of five years each, with the provision that the area may be licensed to the Atlanta Falcons Stadium Company, LLC (StadCo), and provided that certain plans and specifications for the New Stadium Project are approved by the authority, and other specified stipulations and terms and conditions as more particularly set forth in the resolution; and (5) The Department of Economic Development, by and through the authority, also requests the granting of nonexclusive permanent utility, access, and service easements for the use and enjoyment of the New Stadium Project or such appurtenant easements for the term of the lease which 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; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Liberty County, Georgia; and (2) Said real property parcel is a portion of all that tract being approximately 50.57 acres of state property lying and being in the 1458th G.M. District, City of Hinesville, Liberty County, Georgia, acquired by virtue of General Warranty Deed between Liberty County Industrial Authority, as the Grantor, and the State of Georgia as the Grantee, dated February 27, 2002, for consideration of $10.00 as recorded in Deed Book 1071, Pages 460-462 in the office of the clerk of Superior Court of Liberty County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 009735, and accompanying plat entitled, "PLAT OF 50.57

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ACRES, TRACT 'A' HINESVILLE AIRPORT INDUSTRIAL PARK, 1458TH G.M. DISTRICT, HINESVILLE GEORGIA BY BENJAMIN E. GAY DATED 02/27/2002"; and being recorded in Plat Book M79, Page 1 in the office of the clerk of Superior Court of Liberty County, Georgia, and being on file in the offices of the State Properties Commission, said parcel being more particularly described as that approximately 0.451 of an acre along State Route 119; and (3) Said 0.451 of an acre is under the custody of the Technical College System of Georgia as a portion of the Liberty campus of Savannah Technical College; and (4) The Georgia Department of Transportation in a letter dated November 20, 2012, requested that 0.451 of an acre along State Route 119 be conveyed for the Road Widening Project Number STP-0004-00(917), as more particularly described as that area highlighted in yellow on that right of way drawing entitled "DEPARTMENT OF TRANSPORTATION; STATE OF GEORGIA; RIGHT OF WAY OF PROPOSED STATE ROUTE 119 WIDENING FROM INTERSECTION OF US84 TO SR196 LIBERTY; FEDERAL AID PROJECT NO. STP-0004-00(917)" dated November 14, 2011, last revised on September 18, 2012, made by Thomas & Hutton Engineering Co., and being on file in the offices of the State Properties Commission; and (5) By resolution dated March 7, 2013, the Technical College System of Georgia declared the property surplus to its needs and approved the conveyance of the above-described property to the Georgia Department of Transportation; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel or parcels of real property located in Meriwether County, Georgia; and (2) Said real property is all of that certain parcel or parcels of real property referenced and described on a drawing titled ROOSEVELT WARM SPRINGS REHAB HOSPITAL - STUDY of approximately 22 acres of land (the hospital, parking, and Hilliard Cottage) lying and being in Land Lots 137 and 138 of the 2nd Land District of Meriwether County, Georgia, hereinafter sometimes called the "hospital property"; and (3) Said hospital property is licensed and permitted by the State of Georgia for operation as a long-term care acute care hospital located on the Roosevelt Warm Springs Institute for Rehabilitation campus in the custody of the Georgia Vocational Rehabilitation Agency, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (4) The board of the Georgia Vocational Rehabilitation Agency approved a resolution to transfer title to the hospital property to the Board of Regents of the University System of Georgia Regents University for operation as a long-term care hospital and as an inpatient rehabilitation facility with associated rehabilitative, health care, and medical services by and through a lease and management arrangement with a designated nonprofit corporation and same to revert to the state if Regents University discontinues use; and

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(5) The Board of Regents of the University System of Georgia resolved to seek conveyance of the hospital property for Georgia Regents University for operation as a long-term care hospital and as an inpatient rehabilitation facility with associated rehabilitative, health care, and medical services by and through a lease and management arrangement with a designated nonprofit corporation; and (6) The consideration for the conveyance of the hospital property from the State of Georgia to the Board of Regents of the University System of Georgia shall be $10.00 and the continued use of the above-described real property for public purposes, unless such use is discontinued by the Board of Regents of the University System of Georgia in which case the hospital property will revert back to the State of Georgia in custody of the Georgia Vocational Rehabilitation Agency; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Meriwether County, Georgia; and (2) Said real property is all that parcel or tract containing approximately 935 acres lying and being in Land Lots 119, 120, 121, and 137, 2nd Land District, Meriwether County, Georgia, inventoried as the "WARM SPRINGS INSTITUTE FOR REHABILITATION" in the State's Real Property Records as BLLIP PROPERTY ID # 72810 as of December 3, 2013; and (3) A portion of said property is a parcel described on a drawing entitled "ROOSEVELT WARM SPRINGS INSTITUTE FOR REHABILITATION ("the Institute") - GOLF COURSE" of approximately 55 acres of land lying and being in Meriwether County, being a portion of the Institute campus in the custody of the Georgia Vocational Rehabilitation Agency, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (4) The Georgia Vocational Rehabilitation Services Board approved a ground lease of the golf course for ten years to The Warrior Alliance, which operates as a 501(c)(3) corporation under the umbrella of the Georgia-based 501(c)(3) non-profit Healthcare Institute for Neuro-Recovery and Innovation (HINRI), or its successor; and (5) The Warrior Alliance would operate the golf course as a vocational rehabilitation training program called Operation Double Eagle for vocational students of the Institute and for active or retired wounded military or those with disabilities, focusing on mobility impairment from spinal cord or traumatic brain injury, for the successful transition of warriors and their families by access to facilities and private-sector services that encourage healing and valued return to their communities; and (6) The consideration for the lease would be $10.00 per year and the provision of such training and support services as golf course construction, engineering, agronomy, golf course maintenance and operation, landscape architecture, horticulture and hospitality

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management, and such related public purposes and career conversions while restoring, maintaining, and operating the classic Donald Ross-designed 9-hole golf course; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Monroe County, Georgia; and (2) Said real property is all that area of floor space containing 497 square feet of improved property located at Georgia Public Safety Training Center in Forsyth, Monroe County, Georgia; and (3) Said property is in the custody of the Georgia Public Safety Training Center and is a part of the Georgia Public Safety Training Center; and (4) Justice Federal Credit Union is desirous of leasing the above-described property as a financial office and ATM for a term of ten years with an annual rental amount of $5,000.00; and (5) The Georgia Public Safety Training Center has no objection to the leasing of the above-described property; and (6) The June 27, 2013, State Properties Commission Board meeting authorized entering into a short-term lease for one year with two one-year renewals of 497 square feet of improved property for a financial office and ATM location at Georgia Public Safety Training Center with Justice Federal Credit Union for a consideration of $10.00; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Monroe County, Georgia; and (2) Said improved property is all that area of floor space containing 25 square feet of improved property located at State Offices South at Tift College in Forsyth, Monroe County, Georgia; and (3) Said property is in the custody of the Department of Corrections and is a part of State Offices South at Tift College; and (4) The State of Georgia has leased the 25 square feet of improved property to Justice Federal Credit Union since July 14, 2011, for a consideration of $600.00 annually; and (5) Justice Federal Credit Union is desirous of leasing the above-described property for a term of ten years; and (6) The Department of Corrections has no objection to the leasing of the above-described property; and (7) The December 8, 2011, State Properties Commission board meeting authorized entering into a short-term lease for one year with two one-year renewals of 25 square feet of improved property for an ATM location at State Offices South at Tift College with Justice Federal Credit Union for a consideration of $600.00 per year; 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; and (2) Said real property is all that parcel or tract containing approximately 2.9 acres of improved real property lying and being in Land Lot 38, 8th Land District, Muscogee County, Georgia, as described in that December 5, 2003, general warranty deed from the Columbus Technical College Foundation, Inc., recorded in Deed Book 7216, Page 77 in the Office of the Clerk of Superior Court of Muscogee County, Georgia, and on file in the offices of the State Properties Commission as Real Property Record 009977 and shown on a plat by A. B. Moon, Jr., Surveyor, recorded in Plat Book 149, Page 86 in the Office of the Clerk of the Superior Court of Muscogee County, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (3) The above-described property is under the custody of the Technical College System of Georgia and is the former horticulture program site; and (4) The Technical College System of Georgia has determined that it will at no time in the future have a use for the improved property and declared it surplus to its needs; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Rabun County, Georgia; and (2) Said improved real property is approximately 1.0 acre lying and being in the City of Dillard, Rabun County, and in the 556th Militia District as described in that October 17, 1950, deed recorded in Deed Book Y-2, Pages 61-63, and on file in the offices of the State Properties Commission as Real Property Record 1089 and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (3) Said tract or parcel was formerly the site of the Dillard Farmers Market, now under the custody of the Department of Agriculture; and (4) By letter dated January 7, 2014, 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 Spalding County, Georgia; and (2) Said real property is all that tract or parcel of land covering approximately 0.040 of an acre lying and being in Land Lot 112 of the 2nd Land District, 1065th G.M.D., Spalding County, Georgia, and being more particularly described on the plans titled "Department of Transportation, State of Georgia, Right of Way of Proposed SR3/US19 at SR16 in Griffin, Spalding County, Federal Aid Project NH000-0001-04(062), P.I.# 332890" and presented to the State Properties Commission for approval; and

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(3) The above-described property is under the custody of the Georgia Department of Labor; and (4) By letter dated April 11, 2013, the Georgia Department of Transportation requested that the property be conveyed for the Interchange Improvements at State Route 3/US 19 at State Route 16, Project NH000-0001-04(062), P.I.# 332890; and (5) The Georgia Department of Labor has determined that it no longer has a need for the above described property and has declared it surplus to its needs; however, proceeds from the conveyance and cost to cure damages must be retained by the Department of Labor due to federal funding requirements; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; and (2) Said improved real property is approximately 10.42 acres lying and being in the City of Glennville, Tattnall County, in the 1432nd G.M.D. as described in that August 13, 1951 deed recorded in Deed Book 3-U, Page 460 and on file in the offices of the State Properties Commission as Real Property Record 002242 and shown on a plat dated August 8, 1967 by Joe P. Davis, Surveyor, recorded in Deed Book 4-U, Page 30, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (3) Said tract or parcel was formerly the site of the Glennville Farmers Market and Poultry Lab, now under the custody of the Department of Agriculture; and (4) By letter dated January 21, 2014, 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 Toombs County, Georgia; and (2) Said real property is all that parcel lying and being in Toombs County, and is more particularly described as approximately 1.165 acres per a plat on file in the offices of the State Properties Commission prepared by Southern Surveying Services dated June 7, 2013, and recorded in Book 00032, Page 0342 of the Toombs County Clerk of Superior Court. The 1.165 acre parcel is part of a 2588.40 tract recorded in Toombs County Clerk of Superior Court in a deed dated August 17, 1987, at Deed Book 241, Pages 122-123 from Walter W. Resmondo and Theresa P. Resmondo as Grantor to the State of Georgia for $1.6 million and other valuable consideration, a copy of which is on file in the offices of the State Properties Commission, inventoried as Real Property Record # 007485; and (3) Said tract is the site of Joe Kennedy Farm Property, now under the custody of the Department of Corrections; and

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(4) Toombs County is desirous of acquiring the above-described property for public purpose, including as a recycling center; and (5) The Department of Corrections stated that the above-described unimproved parcel of property is surplus to the needs of the department and requested that the above-described property be conveyed to Toombs County for the amount of $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 Troup County, Georgia; and (2) Said real property is all that parcel or tract lying and being in Land Lot 202, 6th District, Troup County, and is more particularly described as approximately 9.0887 acres in a deed on file in the offices of the State Properties Commission inventoried as Real Property Record # 004603, and being recorded in a deed dated August 8, 1973, at Deed Book 296, Page 93 from the Board of Commissioners of Troup County as Grantor to the State of Georgia for $1.00 and other valuable consideration, less and except all that parcel or tract lying and being in Land Lots 201 and 202, 6th District, Troup County and which is more particularly described as approximately 2.62 acres in a deed on file in the offices of the State Properties Commission inventoried as Real Property Record # 010289 from the State of Georgia as Grantor to Troup County for $10.00 and other valuable consideration. The remaining parcel consists of a total of 6.4687 acres; and (3) Said tract or parcel was formerly the site of State Patrol Post 2, now under the custody of the Department of Public Safety; and (4) Troup County is desirous of acquiring the above-described property for public purpose; and (5) The Department of Public Safety stated that the above-described improved property is surplus to the needs of the department and requested that the above-described property be conveyed to Troup County for the amount of $10.00 to be used for public purpose.

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

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the above-described real property in Appling County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2. 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 Development Authority of Appling County or to a local government or State entity for a consideration of $10.00 so long as the property is used for public purpose; or to a local government or State entity for fair market value 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; or by competitive bid for fair market value 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 3. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Appling County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 6. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed.

ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above-described real property in Baldwin County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 8. That the above-described parcels or tracts of 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 entity or State entity for

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fair market value 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; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose, 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 9. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 12. That custody of the above-described property interest shall remain in the Georgia Department of Behavioral Health and Developmental Disabilities until the property is conveyed.

ARTICLE III SECTION 13.

That the State of Georgia is the owner of the above-described real property in Baldwin and Wilkinson counties and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 14. That the above-described property, excluding any timber rights which are to be retained by the State Forestry Commission, may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Fall Line Regional Development Authority, or if the authority shall disband prior to conveyance, all property may be conveyed to either county, for 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.

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SECTION 15. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.

SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Courts of Baldwin and Wilkinson counties and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 18. That custody of the above-described property shall remain in the State Forestry Commission until the property is conveyed.

ARTICLE IV SECTION 19.

That the State of Georgia is the owner of the above-described improved real property located in Chatham County, Georgia, and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 20. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described tract of improved property to Coastal Center for Developmental Services, Inc., for a period of fifteen years commencing with the execution of the lease agreement.

SECTION 21. That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.

SECTION 22. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia.

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SECTION 23. That the authorization of this resolution to lease the above-described property to Coastal Center for Developmental Services, Inc., shall expire three years after the date that this resolution becomes effective.

SECTION 24. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.

SECTION 25. That this lease agreement shall be recorded by the lessee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE V SECTION 26.

That the State of Georgia is the owner of the above-described real property in Chatham County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 27. 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 Georgia Department of Transportation for a consideration of $1,850.00 and cost of damages, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 28. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.

SECTION 29. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 30. That the deed of conveyance shall be recorded by the Georgia Department of Transportation as 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 31. That custody of the above-described property interest shall remain in the Georgia Department of Corrections until the property is conveyed.

ARTICLE VI SECTION 32.

That the State of Georgia is the owner of the above-described real property in Cobb County and that in all matters relating to the leasing of the approximately 0.77 of an acre of real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 33. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the City of Marietta for an additional period of 20 years to expire December 31, 2039, for public purpose, including use as its visitor center and parking, for a consideration of $650.00 per year and other consideration as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 34. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 35. That the lease shall each be recorded by the lessee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 36. That the authorization to lease the above-described property to the City of Marietta shall expire three years after the date that this resolution becomes effective.
ARTICLE VII SECTION 37.
That the State of Georgia is the owner of the above-described real property located in Columbia 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 38. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease an additional 350 square feet of improved property for a total of 638 square feet for a period of ten years for an annual rent total of $6,380.00 for the purpose of operating a 340B Clinic and Oncology Clinic, and at no cost to the state, additional use by MCG Health, Inc. 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 39. 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 40. That the Lease shall be recorded by MCG Health, Inc. as lessee, in the Superior Court of Columbia County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 41. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

ARTICLE VIII SECTION 42.

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 43. That the above-described Resolution Act may be ratified relative to the acquisition property by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, with 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 44. That the authorization in this resolution 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 45. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.

SECTION 46. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dade County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE IX SECTION 47.

That the State of Georgia is the owner of the above-described real property in DeKalb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 48. 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 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; or to a local government or state entity for a consideration of $10.00 or other payments and any outstanding bonds so long as the property is used for public purpose; or to a local government or state entity for fair market value 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 49. 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 50. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance.

SECTION 51. That the deed of conveyance shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 52. That custody of the above-described property interest shall remain in the Georgia Department of Public Health until the property is conveyed.

ARTICLE X SECTION 53.

That the State of Georgia is the owner of the above-described real property in Fulton 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 State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described approximately 1.4 acres for right of way, together with approximately 0.1 acre of permanent easement and approximately 1.7 acres of temporary easement, for fair market value 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 55. That the authorization in this resolution shall expire three years after the date this resolution is enacted into law and is approved by the State Properties Commission.

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 any deeds shall be recorded by the City of Alpharetta in the Superior Court of Fulton County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 58. That custody of the above-described property shall remain in the Technical College System of Georgia until the exchange has been consummated.

ARTICLE XI SECTION 59.

The State of Georgia is the owner of the above-described parcel of real property located in Fulton County, Georgia, known as the New Stadium Project (NSP) containing approximately 43 acres and that in all matters relating to the ground lease of said real

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property and the granting of easements related to that property the State of Georgia is acting by and through its State Properties Commission.

SECTION 60. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to the authority for the use and enjoyment of the New Stadium Project facility for 40 years with two renewal options of five years each for $10.00 for the term of the lease and such further consideration, terms, and conditions as determined by the State Properties Commission in its discretion to be in the best interest of the State of Georgia, and the authority may license the property to the Atlanta Falcons Stadium Company, LLC and which leased area 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.

SECTION 61. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease and any license.

SECTION 62. That the lease shall be recorded by the lessee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 63. That the authorization to lease the above-described property to the authority and effect such easements shall expire three years after the date that this resolution becomes effective.

SECTION 64. That the State of Georgia, acting by and through its State Properties Commission, may grant to various utility companies or entities, or each successor and assign, nonexclusive permanent easements or appurtenant easements on or through the New Stadium Project area for access and utility or utility-like uses related to the construction, operation, and maintenance of the New Stadium Project, including access and relocation of any streets on said property or existing utilities. Said easement areas are particularly to be described by respective plats of a survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 65. That the various grantees or lessee or successors or assigns shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as and when approved by the authority and as may be reasonably necessary for the proper installation, operation, and maintenance of said utilities or utility-like uses.

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SECTION 66. 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 easements granted herein. Upon abandonment, each grantee, 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 those facilities and equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 67. That no title shall be conveyed to each grantee 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 StadCo.

SECTION 68. 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 69. 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 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

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a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of 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.

SECTION 71. That the consideration for each easement shall not be less than $10.00 and shall be set by the State Properties Commission, and shall include such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 72. That the 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 73. That the authorization in this resolution to grant the above-described easements shall expire five years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 74. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of these easement areas.

ARTICLE XII SECTION 75.

That the State of Georgia is the owner of the above-described real property in Liberty 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 76. 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 Georgia Department of Transportation for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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SECTION 77. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 79. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Liberty County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 80. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed.

ARTICLE XIII SECTION 81.

That the State of Georgia is the owner of the above-described real property located in Meriwether County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 82. 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 $10.00, that title of said property may revert back to the State of Georgia if the Board of Regents of the University System of Georgia discontinues use, and that such further consideration and provisions may be included as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 83. That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this Resolution Act becomes effective.

SECTION 84. 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 85. That the deed of conveyance shall be recorded by the Board of Regents of the University System of Georgia as grantee in the Superior Court of Meriwether County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 86. That custody of the above-described real property shall remain in the Georgia Vocational Rehabilitation Agency until the above-described real property is conveyed from the State of Georgia to the Board of Regents of the University System of Georgia.

ARTICLE XIV SECTION 87.

That the State of Georgia is the owner of the above-described real property in Meriwether County and that in all matters relating to the ground lease of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 88. That the above-described property may be ground leased for ten years by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to The Warrior Alliance for $10.00 and the provision of such training and support services and restoration, maintenance, and operation of the golf course, and such consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 89. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 90. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 91. That the ground lease shall be recorded by the grantee in the Superior Court of Meriwether County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 92. That custody of the above-described property shall remain in the Georgia Vocational Rehabilitation Agency until the property is conveyed.

ARTICLE XV SECTION 93.

That the State of Georgia is the owner of the above-described real property located in Monroe 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 94. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease approximately 497 square feet of improved property to Justice Federal Credit Union for a financial office and ATM location at Georgia Public Safety Training Center for a term of ten years with an annual rental amount of $5,000.00 and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 95. 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 96. That the lease shall be recorded by Justice Federal Credit Union as lessee, in the Superior Court of Monroe County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 97. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

ARTICLE XVI SECTION 98.

That the State of Georgia is the owner of the above-described real property located in Monroe 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 99. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease 25 square feet of improved property to Justice Federal Credit Union for a term of ten years with an annual rental amount of $600.00 and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 100. 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 101. That the lease shall be recorded by Justice Federal Credit Union as lessee in the Superior Court of Monroe County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 102. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

ARTICLE XVII SECTION 103.

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 104. 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 Columbus and Muscogee County, Georgia for $10.00 and perpetual public use 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; or by competitive bid for fair market value or to a local government or state entity for fair market value 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 or to another local government or state entity for $10.00 so long as the property is used for public purpose, 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.

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SECTION 105. 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 106. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance.

SECTION 107. 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.

ARTICLE XVIII SECTION 108.

That the State of Georgia is the owner of the above-described property in Rabun 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 109. 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 a local government or State entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments, so long as the property is used for public purpose; or to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 110. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 111. 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 112. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Rabun County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 113. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed.

ARTICLE XIX SECTION 114.

That the State of Georgia is the owner of the above-described real property in Spalding 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 115. 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 Georgia Department of Transportation for a consideration of $7,150.00 plus $3,250.00 for cost of damages, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 116. 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 117. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 118. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Spalding County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 119. That custody of the above-described property interest shall remain in the Georgia Department of Labor until the property is conveyed.

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ARTICLE XX SECTION 120.

That the State of Georgia is the owner of the above-described real property in Tattnall County and that in all matters relating to the conveyance or lease of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 121. 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 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; or to a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; or to a local government or state entity for fair market value 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 122. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 123. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 124. That the deed of conveyance 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 125. That custody of the above-described property interest shall remain in the Department of Agriculture until the property is conveyed.

ARTICLE XXI SECTION 126.

That the State of Georgia is the owner of the above-described real property in Toombs County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 127. 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 Toombs County or to a local government or State entity for a consideration of $10.00 or other payments, so long as the property is used for public purpose, and for 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 128. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 129. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 130. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Toombs County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 131. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE XXII SECTION 132.
That the State of Georgia is the owner of the above-described real property in Troup 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 133. 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 Troup County or to a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments, so long as the property is used for public purpose; or to a local government or state entity for fair market value 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; or by competitive bid for fair

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market value 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 134. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 135. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 136. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 137. That custody of the above-described property shall remain in the Department of Public Safety until the property is conveyed.

ARTICLE XXIII SECTION 138.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 139. That all laws and parts of laws in conflict with this resolution are repealed.

Approved April 22, 2014.

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GENERAL ASSEMBLY JOINT STUDY COMMITTEE ON EMERGENCY
RELOCATION OF ABUSED ADULTS.

No. 596 (Senate Resolution No. 828).

A RESOLUTION

Creating the Joint Study Committee on Emergency Relocation of Abused Adults; and for other purposes.

WHEREAS, currently in Georgia, when personal care homes or other residential facilities are closed, there is not a consistent process in place for relocating the residents; and

WHEREAS, the lack of such a process hinders agencies involved with the relocation effort in transitioning residents from a substandard, abusive situation to a safe and secure environment appropriate to their needs; and

WHEREAS, the crimes of abuse, neglect, and exploitation of at-risk adults in substandard or unlicensed facilities are beginning to receive much needed attention; and

WHEREAS, the lack of an identified person in charge of the relocation effort and lack of a formal protocol can mean that all of the needed services may not be readily available during the relocation; and

WHEREAS, there has been a significant increase in relocations of at-risk adults from substandard personal care homes over the past year; and

WHEREAS, efforts need to be undertaken to protect and ensure the welfare and desires of patients and residents of personal care homes and other residential facilities when such homes and facilities are closed; and

WHEREAS, a study is needed of the efforts in relocating adult residents from personal care homes or other residential facilities when such homes or facilities are closed due to substandard and abusive situations to safe and secure environments appropriate to their needs with a focus on designating a lead agency, coordinator, and incident commander with the authority to undertake, direct, and coordinate all participating agencies on the scene of the relocation; and

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WHEREAS, a study also needs to be undertaken to study legislation that creates a multidisciplinary team to develop a protocol to be deployed every time an emergency relocation of residents is conducted, requires training of personnel, including confidentiality and client sharing information, and provides immunity from liability for the good faith performance of such legislation.

NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY that there is created the Joint Study Committee on Emergency Relocation of Abused Adults to be composed of nine members, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the Lieutenant Governor, and three members to be appointed by the Governor. The Speaker of the House of Representatives shall designate one of the appointees from the House of Representatives as a cochairperson, and the Lieutenant Governor shall designate one of the appointees from the Senate as a cochairperson. The committee shall meet at the call of the cochairpersons.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All agencies of the state are directed to provide the committee with such assistance as the committee shall require to perform its assigned duties. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2014. The committee shall stand abolished on December 31, 2014.

Approved April 22, 2014.

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STATE PROPERTY CHANGE OF USE OF CERTAIN HERITAGE PRESERVE PROPERTY.

No. 597 (Senate Resolution No. 847).

A RESOLUTION

Authorizing the change of use of certain Heritage Preserve dedicated real property located in Rockdale and Henry Counties; to repeal conflicting laws; to provide an effective date; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain parcels of real property located at Panola Mountain State Park in Rockdale and Henry Counties; and

WHEREAS, 760 acres of Panola Mountain State Park in Rockdale and Henry Counties has been dedicated as a Heritage Preserve; and

WHEREAS, the Department of Natural Resources ("Department") initially requested a change of use to the 760 acres of Heritage Preserve dedicated area of Panola Mountain State Park in Rockdale and Henry Counties in order to be able to provide public overnight accommodations, facilities for Department staff, and a historical and cultural preservation laboratory; and

WHEREAS, after conducting a public hearing and receiving public comments, the Department requested that the Board of Natural Resources ("Board") approve only the change of use for facilities for Department staff and a historical and cultural preservation laboratory and not the change of use for public overnight accommodations; and

WHEREAS, the proposed change of use for facilities for Department staff and a historical and cultural preservation laboratory has been approved by the Board.

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 760 acres of Heritage Preserve dedicated real property located at Panola Mountain State Park in Rockdale and Henry Counties and that the property is in the custody of the Department. The Department has requested and supports a change of use of said Heritage Preserve dedicated real property in order to be able to

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provide facilities for Department staff and a historical and cultural preservation laboratory. In all matters related to the change of use, the State of Georgia is acting by and through the Department. Said change of use area is more particularly described as follows: "Those approximately 760 acres in Panola Mountain State Park in Rockdale and Henry Counties dedicated as a Heritage Preserve by Executive Order of Governor Zell Miller on November 6, 1998. A map of said 760 acres of Heritage Preserve area is attached to the Executive Order as Exhibit A and is on file in the office of the State Properties Commission."

SECTION 2. The Board, at its meeting on January 31, 2014, adopted a resolution recommending to the General Assembly that the above-described change of use for facilities for Department staff and a historical and cultural preservation laboratory requested by the Department be approved.

SECTION 3. That the proposed change of use for facilities for Department staff and a historical and cultural preservation laboratory is in the public interest, and that the recommendation of the Board to change the use of the 760 acres of Heritage Preserve dedicated area in the Panola Mountain State Park in Rockdale and Henry Counties to allow the Department to provide facilities for Department staff and a historical and cultural preservation laboratory is approved.

SECTION 4. That the Department will file with the Office of the Secretary of State, the Office of the Rockdale County Clerk of the Superior and State Courts, and the Office of the Henry County Clerk of Superior Court a notice of the change in use of the Heritage Preserve dedicated area in the Panola Mountain State Park.

SECTION 5. That custody of the above-described property shall remain in the Department.

ARTICLE II SECTION 6. That this Resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

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ARTICLE III SECTION 7. That all laws and parts of laws in conflict with this Resolution are repealed.

Approved April 22, 2014.

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STATE PROPERTY GRANT OF NONEXCLUSIVE EASEMENTS.

No. 598 (Senate Resolution No. 868).

A RESOLUTION

Authorizing the granting of nonexclusive easements for the construction, 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 the counties of Appling, Barrow, Bibb, Bryan, Fulton, Gordon, Jasper, Laurens, McIntosh, Monroe, Toombs, and Troup; 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 the counties of Appling, Barrow, Bibb, Bryan, Fulton, Gordon, Jasper, Laurens, McIntosh, Monroe, Toombs, and Troup; and

WHEREAS, the Georgia Department of Transportation; Walton EMC; Comcast; Georgia Power Company; the City of Atlanta; TOJV, LLC; Central Georgia EMC; the City of Dublin; Flint EMC; the City of Forsyth; Wide Open West Cable Company (WOW!), LLC; the City of West Point; and various utilities desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and

WHEREAS, these nonexclusive 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 Defense, Department of Economic Development, Department of Natural Resources, Technical College System of Georgia, Geo. L. Smith II Georgia World Congress Center Authority, and State Properties Commission.

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

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ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in the Land Lots 618 and 619, 2nd Land District, 43rd G.M.D., Appling County, Georgia, and that the property is in the custody of the Department of Natural Resources, which on October 24, 2012, approved a resolution for and 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 the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement area for a bridge replacement and realignment on SR4/US1 at the Altamaha River, Overflow and Williams Creek associated with Project No. BR000-0001-00(216) Appling County, GDOT PI# 0001216. Said easement area is located in the Altamaha River, Overflow, and Williams Creek, Appling County, and is more particularly described as follows:
That approximately 0.157 acre, lying and being in Land Lots 618 and 619, 2nd Land District, 43rd G.M.D., Appling County, Georgia, as shown highlighted in orange on that drawing prepared by Heath & Lineback Engineers, Incorporated and being Job Title "Department of Transportation; State of Georgia, Right of Way of Proposed US1/SR4/SR15 Bridge Replacement Over Altamaha River, Overflow, and Williams Creek, Appling and Toombs Counties; Federal Aid Project No. BR000-0001-00(216)," 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 constructing, maintaining, and operating said bridge and road.

SECTION 4. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said bridge and road.

SECTION 5. That, after the Georgia Department of Transportation has put into use the bridge and road this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion

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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 bridge and road shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.

SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all 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 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 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 the 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 the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway

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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 $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 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 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 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 the 1741st District, G.M., Barrow County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which on November 6, 2013, approved a resolution for and 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 Walton EMC, or its successors and assigns, a nonexclusive easement area to install, operate, and maintain underground electrical distribution lines to serve a new classroom building to be constructed with TCSG-301 General Obligation Bonds. Said easement area is located at the Lanier Technical College in Barrow County and is more particularly described as follows:

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That approximately 1.2 acres, lying and being in the 1741st District, G.M., Barrow County, Georgia, and that portion only as shown on a drawing furnished by the Technical College System of Georgia, 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, operating, and maintaining underground electrical power lines and necessary equipment.

SECTION 17. That Walton 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 electric power lines and necessary equipment.

SECTION 18. That, after Walton EMC has put into use the power lines and necessary equipment 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, Walton 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 lines and any equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 19. That no title shall be conveyed to Walton EMC and, except as herein specifically granted to Walton 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 Walton EMC.

SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Walton EMC 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

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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 the 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 Walton 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 22. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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, given the public purpose of the project, 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 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Barrow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 25. That the authorization in this resolution to grant the above-described easement to Walton EMC 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.

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ARTICLE III SECTION 27.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Lot 29 of Macon Reserve East, Bibb County, Georgia, and that the property is in the custody of the Department of Defense, which on April 10, 2013, stated in a letter to the State Properties Commission that the department 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 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, maintenance, and operation of an underground electrical power line to provide permanent power to the Macon Readiness Center. Said easement area is located at the Macon Readiness Center in Bibb County and is more particularly described as follows:
That approximately 0.12 acre, and that portion only, situate lying and being in Land Lot 29 of Macon Reserve East, Bibb County, Georgia, as shown on a drawing furnished by the Department of Defense, 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 installing, maintaining, and operating an underground electrical power line.

SECTION 30. 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 installation, maintenance, and operation of an underground electrical power line.

SECTION 31. That after Georgia Power Company has put into use the underground 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, 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 underground electrical power line shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 32. 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 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and 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 the 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 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 35. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 36. That, given the public purpose of the project, 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 37. That this grant of easement 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 38. 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 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in the 20th G.M.D., Bryan County, Georgia, and that the property is in the custody of the Department of Natural Resources, which on December 3, 2013, approved a resolution for and 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 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Comcast, or its successors and assigns, a nonexclusive easement area to construct underground fiber optic cable to the privately owned American Tower. Said easement area is located at the Richmond Hill Wildlife Management Area in Bryan County and is more particularly described as follows:
That approximately 0.00851 acre, lying and being in the 20th G.M.D., Bryan County, Georgia, and that portion only as shown on a drawing furnished by the Department of Natural Resources, 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 42. That the above-described premises shall be used solely for the purpose of installing, operating, and maintaining an underground fiber optic cable.

SECTION 43. That Comcast 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 fiber optic cable.

SECTION 44. That after Comcast has put into use the fiber optic cable 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, Comcast, 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 fiber optic cable shall become the property of the State of Georgia, or its successors and assigns.

SECTION 45. That no title shall be conveyed to Comcast and, except as herein specifically granted to Comcast, 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 Comcast.

SECTION 46. 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 Comcast 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 the 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 47. That the easement granted to Comcast 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 48. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 49. That the consideration for such easement shall be for fair market value 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 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Bryan County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 51. That the authorization in this resolution to grant the above-described easement to Comcast shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE V SECTION 53.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lots 57 and 58 of the 14th Land District, Fulton County, Georgia, and that the property is in the custody of the Department of Defense, which on April 10, 2013, stated in a letter to the State Properties Commission that the department does not object to the granting

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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 54. 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, maintenance, and operation of an underground electrical power line to provide permanent power to the Atlanta Readiness Center. Said easement area is located at the Atlanta Readiness Center in Fulton County and is more particularly described as follows:
That approximately 0.19 acre, and that portion only, situate lying and being in Land Lot 57, 58 of the 14th Land District, Fulton County, Georgia, as shown on a drawing furnished by the Department of Defense, 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 55. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating an underground electrical power line.

SECTION 56. 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 installation, maintenance, and operation of an underground electrical power line.

SECTION 57. That after Georgia Power Company has put into use the underground 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, 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 underground electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 58. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and 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 60. 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 61. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 62. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 64. 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 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VI SECTION 66.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lots 57 and 58 of District 14, Fulton County, Georgia, and that the property is in the custody of the Department of Defense, which on June 10, 2013, stated in a letter to the State Properties Commission that the department 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 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Atlanta, or its successors and assigns, a nonexclusive easement area for the installation, maintenance, and operation of a water meter to provide permanent water service to the Atlanta Readiness Center. Said easement area is located at the Atlanta Readiness Center on Selig Drive in Fulton County, and is more particularly described as follows:
That approximately 0.0119 acre, and that portion only, situate lying and being in Land Lots 57 and 58 of District 14, Fulton County, Georgia, as shown on a drawing furnished by the Department of Defense, 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 68. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating a water meter.

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SECTION 69. That the City of Atlanta 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 installation, maintenance, and operation of a water meter.

SECTION 70. That after the City of Atlanta has put into use the water meter 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 City of Atlanta, 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 water meter shall become the property of the State of Georgia, or its successors and assigns.

SECTION 71. That no title shall be conveyed to the City of Atlanta and, except as herein specifically granted to the City of Atlanta, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Atlanta.

SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Atlanta 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 73. That the easement granted to the City of Atlanta 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 74. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 75. That, given the public purpose of the project, 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 76. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 77. That the authorization in this resolution to grant the above-described easement to the City of Atlanta shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VII SECTION 79.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, and that the property is in the custody of the Department of Economic Development and managed by the Geo. L. Smith II Georgia World Congress Center Authority under that Management

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Agreement dated April 8, 1974, and which entities do not object to the granting of this nonexclusive 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 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to TOJV, LLC, or its successors and assigns, a nonexclusive easement area for constructing, installing, maintaining, and operating the Omni Hotel Connector near CNN Center and adjoining the College Football Hall of Fame and the World Congress Center. Said easement area is located at the Georgia World Congress Center Plaza in Fulton County, Georgia, and is more particularly described as follows:
That approximately 0.043 of an acre and 24 feet high from the top of said Plaza as shown on a drawing prepared by TOJV, LLC, titled New Omni Connector, as last revised on September 12, 2013, 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 81. That the above-described premises shall be used solely for the purpose of constructing, installing, maintaining, and operating said new Omni Hotel Connector.

SECTION 82. TOJV, LLC, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said Connector, as approved by the Geo. L. Smith II Georgia World Congress Center Authority.

SECTION 83. That, after TOJV, LLC, has put into use the Omni Connector this nonexclusive 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, TOJV, LLC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the Connector shall become the property of the State of Georgia, or its successors and assigns.

SECTION 84. That no title shall be conveyed to TOJV, LLC, and, except as herein specifically granted to TOJV, LLC, all rights, title, and interest in and to said easement area is reserved in the State

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of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to TOJV, LLC.

SECTION 85. 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 the 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 86. That the easement granted to TOJV, LLC, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 87. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 88. That the consideration for such easement shall be for fair market value, not less than $36,350.00, 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 89. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 90. That the authorization in this resolution to grant the above-described easement to TOJV, LLC, shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VIII SECTION 92.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, and that the property is in the custody of the State Properties Commission, which does not object to the granting of these nonexclusive temporary and permanent easements, 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 93. 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, the nonexclusive temporary and permanent easement areas for constructing, installing, maintaining, and operating the Spring Street bridge replacement in downtown Atlanta [BHNLB-9037(16)FULTON, PI # 752086]. Said easements would be located on Western and Atlantic Railroad property in Fulton County, Georgia, and are more particularly described as follows:
That approximately 4976.47 square foot temporary construction and permanent operating and maintenance easement on Parcel 14; that approximately 5558.0 square foot temporary construction and permanent operating and maintenance easement on Parcel 14B, including a permanent easement on the pier in parcel 14B; and that approximately 3736.78 square foot temporary access easement on Parcel 14A, as shown on an engineered drawing prepared by the Georgia Department of Transportation for said project, as last revised on June 18, 2013, 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 94. That the above-described premises shall be used solely for the purpose of constructing, installing, maintaining, and operating said Spring Street bridge replacement.

SECTION 95. The Georgia Department of Transportation or its successors 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 bridge, as approved by the State Properties Commission.

SECTION 96. That, after the Georgia Department of Transportation has put into use the Spring Street bridge which this nonexclusive 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 bridge shall become the property of the State of Georgia, or its successors and assigns.

SECTION 97. 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 98. 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. Specifically for the Spring Street pier that is proposed to be located in Parcel 14B, if the state determines that said pier or related structures interfere with the operation of the state's railroad or related transportation venues or facilities, the Georgia Department of Transportation or its successor shall remove or relocate its facilities to an alternate easement area approved by the State Properties Commission at the grantee's sole cost and expense. The grantee shall provide, and the State Properties Commission receive and approve, in advance of any construction being commenced, a written estimate for the cost of such removal and relocation. In all other situations, the grantee shall remove or relocate its facilities to the alternate easement area at

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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 the 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 the 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 99. 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 100. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 101. That the consideration for such easement shall be not less than $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 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 103. That the authorization in this resolution to grant the above-described easements 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.

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SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IX SECTION 105.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lots 124 and 125, 14th Land District, 3rd Section, Gordon County, Georgia, and that the property is in the custody of the Department of Natural Resources, which on May 23, 2012, approved a resolution for, and 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 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement area for road widening of State Route 225 and bridge replacement at State Route 225 and New Town Creek. Said easement area is located at the New Town Creek bridge over the Coosawattee River at New Echota Historic Site in Gordon County, and is more particularly described as follows:
That approximately 7.92 acres, lying and being in Land Lots 124 and 125, 14th Land District, 3rd Section, Gordon County, Georgia, and that portion only as shown on a drawing furnished by the Georgia Department of Transportation, 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 107. That the above-described premises shall be used solely for the purpose of road widening of State Route 225 and bridge replacement at State Route 225 and New Town Creek.

SECTION 108. 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 widening and bridge replacement.

SECTION 109. That after the Georgia Department of Transportation has put into use the road and bridge 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,

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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 and bridge shall become the property of the State of Georgia, or its successors and assigns.

SECTION 110. 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 111. 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 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 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 the 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 112. 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 113. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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

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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 114. That given the public purpose of the project, 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 115. 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 116. 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 117. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE X SECTION 118.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lot 65, 16th Land District, Jasper County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which on September 5, 2013, approved a resolution for, and 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 119. That the State of Georgia, acting by and through its State Properties Commission, may grant to Central Georgia EMC, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of an underground electrical transmission line and necessary equipment for the new Norton Packaging plant site. Said easement area is located at the Southern Crescent Technical College in Jasper County, and is more particularly described as follows:

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That approximately 0.399 acre, and that portion only, situate lying and being in Land Lot 65 of the 16th Land District of Jasper County, Georgia, as shown on a drawing furnished by the Technical College System of Georgia, 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 120. That the above-described premises shall be used solely for the purpose of the installation, operation, and maintenance of an underground electrical transmission line and necessary equipment.

SECTION 121. 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 installation, operation, and maintenance of an underground electrical transmission line and necessary equipment.

SECTION 122. That after Central Georgia EMC has put into use the electrical transmission line and necessary equipment 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, 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 electrical transmission line and necessary equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 123. 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 124. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site

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under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Central Georgia EMC 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 the 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 125. 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 126. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 127. That the consideration for such easement shall be for $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 128. 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 129. 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.

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SECTION 130. 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 131.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lot 68, 1st Land District, Laurens County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which on June 6, 2013, approved a resolution for, and 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 132. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Dublin, Georgia, or its successors and assigns, a nonexclusive easement area for the relocation and installation of a natural gas regulator station. Said easement area is located at the Oconee Fall Line Technical College in Laurens County, and is more particularly described as follows:
That approximately 0.01 acre, and that portion only, situate lying and being in Land Lot 68 of the 1st Land District of Laurens County, Georgia, as shown on a drawing furnished by the Technical College System of Georgia, 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 133. That the above-described premises shall be used solely for the purpose of the relocation and installation of a natural gas regulator station.

SECTION 134. That the City of Dublin, Georgia, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the relocation and installation of a natural gas regulator station.

SECTION 135. That, after the City of Dublin, Georgia, has put into use the natural gas regulator station 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 City of Dublin, Georgia, or

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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 natural gas regulator station shall become the property of the State of Georgia, or its successors and assigns.

SECTION 136. That no title shall be conveyed to the City of Dublin, Georgia, and except as herein specifically granted to the City of Dublin, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Dublin, Georgia.

SECTION 137. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Dublin, Georgia, shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and 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 the 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 138. That the easement granted to the City of Dublin, Georgia, 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 139. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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

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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 140. 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 141. That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 142. That the authorization in this resolution to grant the above-described easement to the City of Dublin, Georgia, shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 143. 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 144.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in the 1312th G.M. District, McIntosh County, Georgia, and that the property is in the custody of the Department of Natural Resources, which on June 25, 2013, approved a resolution for, and 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 145. 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, maintenance, and operation of an underground electrical power line to service the trash compactor at Sapelo Island WMA. Said easement area is located at the Sapelo Island WMA in McIntosh County, and is more particularly described as follows:
That approximately 0.72 acre, and that portion only, situate lying and being in the 1312th G.M. District of McIntosh County, Georgia, as shown on a drawing furnished by the

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Department of Natural Resources, 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 146. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating an underground electrical power line.

SECTION 147. 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 installation, maintenance, and operation of an underground electrical power line.

SECTION 148. That after Georgia Power Company has put into use the underground 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 underground electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 149. 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 150. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the

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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 the 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 151. 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 152. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 153. That, given the public purpose of the project, 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 154. That this grant of easement 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.

SECTION 155. 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 156. 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 XIII SECTION 157.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lot 138 of District 6, Monroe County, Georgia, and that the property is in the custody of the Department of Defense, which on June 10, 2013, stated in a letter to the State Properties Commission that the department 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 158. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Forsyth, or its successors and assigns, a nonexclusive easement area for the installation, maintenance, and operation of a conduit to provide permanent electric service to the Forsyth Readiness Center. Said easement area is located at the Forsyth DLOG Readiness Center at 443 Ensign Road in Monroe County, and is more particularly described as follows:
That approximately 0.18 acre, and that portion only, situate lying and being in Land Lot 138 of District 6, Monroe County, Georgia, as shown on a drawing furnished by the Department of Defense, 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 159. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating a conduit for permanent power.

SECTION 160. That the City of Forsyth 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 installation, maintenance, and operation of a conduit for permanent power.

SECTION 161. That after the City of Forsyth has put into use the conduit 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 City of Forsyth, 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 conduit shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 162. That no title shall be conveyed to the City of Forsyth and, except as herein specifically granted to the City of Forsyth, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Forsyth.

SECTION 163. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Forsyth 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 the 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 164. That the easement granted to the City of Forsyth 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 165. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 166. That, given the public purpose of the project, 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 167. That this grant of easement shall be recorded by the grantee in the Superior Court of Monroe County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 168. That the authorization in this resolution to grant the above-described easement to the City of Forsyth shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XIV SECTION 170.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lots 182 and 183 of District 6, GMD 480, Monroe County, Georgia, and that the property is in the custody of the Department of Corrections, which on September 5, 2013, stated in a letter to the State Properties Commission that the department 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 171. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Forsyth, or its successors and assigns, a nonexclusive easement area for its project to enhance and improve Railroad Avenue. Said easement area is located at the Department of Corrections headquarters at State Offices South at Tift College, 300 Patrol Road in Forsyth, Monroe County, and is more particularly described as follows:
That approximately 0.060 acre, and that portion only, situate lying and being in Land Lots 182 and 183 of District 6, GMD 480, Monroe County, Georgia, as shown on a drawing furnished by the Department of Corrections, 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 172. That the above-described premises shall be used solely for the purpose of the City of Forsyth's project to enhance and improve Railroad Avenue.

SECTION 173. That the City of Forsyth 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 City of Forsyth's project to enhance and improve Railroad Avenue.

SECTION 174. That after the City of Forsyth has completed its project to enhance and improve Railroad Avenue that 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 City of Forsyth, 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 Railroad Avenue improvements shall become the property of the State of Georgia, or its successors and assigns.

SECTION 175. That no title shall be conveyed to the City of Forsyth and, except as herein specifically granted to the City of Forsyth, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Forsyth.

SECTION 176. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Forsyth 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property

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for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 177. That the easement granted to the City of Forsyth 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 178. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 179. That, given the public purpose of the project, 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 180. That this grant of easement shall be recorded by the grantee in the Superior Court of Monroe County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 181. That the authorization in this resolution to grant the above-described easement to the City of Forsyth shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 182. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XV SECTION 183.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in the Land Lots 618 and 619, 2nd Land District, 43rd G.M.D., Toombs County, Georgia, and that the property is in the custody of the Department of Natural Resources, which on October 24, 2012, approved a resolution for, and 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 184. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement area for a bridge replacement and realignment on SR4/US1 at the Altamaha River, Overflow, and Williams Creek associated with Project No. BR000-0001-00(216) Toombs County, GDOT PI# 0001216. Said easement area is located in the Altamaha River, Overflow, and Williams Creek, Toombs County, and is more particularly described as follows:
That approximately 0.190 acre, lying and being in Land Lots 618 and 619, 2nd Land District, 43rd G.M.D., Toombs County, Georgia, as shown highlighted in orange on that drawing prepared by Heath & Lineback Engineers Incorporated and being Job Title "Department of Transportation; State of Georgia, Right of Way of Proposed US1/SR4/SR15 Bridge Replacement Over Altamaha River, Overflow, and Williams Creek, Appling and Toombs Counties; Federal Aid Project No. BR000-0001-00(216)," 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 185. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating said bridge and road.

SECTION 186. 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 bridge and road.

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SECTION 187. That after the Georgia Department of Transportation has put into use the bridge and road 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 bridge and road shall become the property of the State of Georgia, or its successors and assigns.

SECTION 188. 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 189. 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 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 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 190. 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.

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SECTION 191. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 192. 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 193. That this grant of easement shall be recorded by the grantee in the Superior Court of Toombs County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 194. 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 195. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XVI SECTION 196.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lot 222, District 5, Troup County, Georgia, and that the property is in the custody of the Department of Economic Development, which on November 19, 2013, stated in a letter to the State Properties Commission that the department 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 197. 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

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the installation, maintenance, and operation of an underground electrical power line to provide permanent power to the Hyundai Dymos plant. Said easement area is located at the Hyundai Dymos plant in Troup County, and is more particularly described as follows:
That approximately 0.238 acre, and that portion only, situate lying and being in Land Lot 222, District 5, Troup County, Georgia, as shown on a drawing furnished by the Department of Economic Development, 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 198. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating an underground electrical power line.

SECTION 199. 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 installation, maintenance, and operation of an underground electrical power line.

SECTION 200. That after Georgia Power Company has put into use the underground 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, 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 underground electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 201. 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 202. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site

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under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and 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 203. 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 204. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 205. 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 206. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 207. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

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SECTION 208. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XVII SECTION 209.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lot 222, District 5, Troup County, Georgia, and that the property is in the custody of the Department of Economic Development, which on November 19, 2013, stated in a letter to the State Properties Commission that the department 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 210. That the State of Georgia, acting by and through its State Properties Commission, may grant to Wide Open West, LLC, (WOW!), or its successors and assigns, a nonexclusive easement area for the installation, maintenance, and operation of a telecommunication line to provide telecommunications to the Hyundai Dymos plant. Said easement area is located at the Hyundai Dymos plant in West Point, Troup County, and is more particularly described as follows:
That approximately 0.238 acre, and that portion only, situate lying and being in Land Lot 222, District 5, Troup County, Georgia, as shown on a drawing furnished by the City of West Point, 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 211. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating a telecommunication line.

SECTION 212. That Wide Open West, LLC, (WOW!) 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 installation, maintenance, and operation of a telecommunication line.

SECTION 213. That, after Wide Open West, LLC, (WOW!) has put into use the telecommunication 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,

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powers, and easement granted herein. Upon abandonment, Wide Open West, LLC, (WOW!), 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 telecommunication line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 214. That no title shall be conveyed to Wide Open West, LLC, (WOW!) and, except as herein specifically granted to Wide Open West, LLC, (WOW!), 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 Wide Open West, LLC, (WOW!).

SECTION 215. 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 Wide Open West, LLC, (WOW!) 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 the 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 216. That the easement granted to Wide Open West, LLC, (WOW!) 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 217. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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

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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 218. 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 219. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 220. That the authorization in this resolution to grant the above-described easement to Wide Open West, LLC, (WOW!) shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 221. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XVIII SECTION 222.

That the State of Georgia is the owner of the hereinafter-described real property lying and being in Land Lot 222, District 5, Troup County, Georgia, and that the property is in the custody of the Department of Economic Development, which on November 19, 2013, stated in a letter to the State Properties Commission that the department 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 223. That the State of Georgia, acting by and through its State Properties Commission, may grant to City of West Point, or its successors and assigns, a nonexclusive easement area for the installation, maintenance, and operation of an overhead electrical power line to provide permanent power to the Hyundai Dymos plant. Said easement area is located at the Hyundai Dymos plant in Troup County, and is more particularly described as follows:

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That approximately 3.472 acre, and that portion only, situate lying and being in Land Lot 222, District 5, Troup County, Georgia, as shown on a drawing furnished by the City of West Point, 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 224. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating an overhead electrical power line.

SECTION 225. That the City of West Point shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the installation, maintenance, and operation of an overhead electrical power line.

SECTION 226. That after City of West Point has put into use the overhead 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 City of West Point, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the overhead electrical power line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 227. That no title shall be conveyed to the City of West Point and, except as herein specifically granted to the City of West Point, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of West Point.

SECTION 228. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of West Point shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation

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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 the 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 229. That the easement granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 230. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 231. That, given the public purpose of the project, 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 232. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 233. That the authorization in this resolution to grant the above-described easement to the City of West Point shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 234. 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 XIX SECTION 235.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 236. That all laws and parts of laws in conflict with this resolution are repealed.

Approved April 22, 2014.

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GENERAL ASSEMBLY JOINT STUDY COMMITTEE ON THE PROPERTY TAX DIGEST IMPACT ON EDUCATION FUNDING.

No. 599 (Senate Resolution No. 875).

A RESOLUTION

Creating the Joint Study Committee on the Property Tax Digest Impact on Education Funding; and for other purposes.

WHEREAS, it would be beneficial to study and evaluate the reporting of local tax revenues that impact the funding received by local school systems, specifically but not limited to equalization and five mill share; and

WHEREAS, specific issues that must be addressed include tax digest reporting, economic development related revenues paid "in lieu" of taxes, and any other arrangements that impact a local tax digest, including abatements; and

WHEREAS, for such purposes, it would be beneficial to work with and receive data and information from the Department of Revenue, the Department of Education, and the Department of Audits and Accounts and to request cooperation and input from local tax officials.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Property Tax Digest Impact on Education Funding to be composed of ten members as follows:

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(1) Five members of the Senate, which shall include at least one member from each of the political parties whose candidates for the office of Governor at the last election for such office received the highest and second highest number of votes cast for such office, appointed by the President of the Senate; and (2) Five members of the House of Representatives, which shall include at least one member from each of the political parties whose candidates for the office of Governor at the last election for such office received the highest and second highest number of votes cast for such office, appointed by the Speaker of the House of Representatives. The President of the Senate and the Speaker of the House of Representatives shall each designate one of his appointees to serve as cochairpersons. The committee may elect other officers as deemed necessary. The cochairpersons may designate and appoint subcommittees from among the membership of the committee as well as appoint other persons to perform such functions as they may determine to be necessary and relevant to and consistent with this resolution. The cochairpersons shall only vote to break a tie. The committee shall meet at the call of the cochairpersons. The committee shall hold at least three public hearings and at least one meeting to discuss and finalize findings. A quorum for transacting business shall be a majority of the members of the committee.

BE IT FURTHER RESOLVED that the committee may conduct its meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and House of Representatives.

BE IT FURTHER RESOLVED that the committee shall make a report of its findings to the President of the Senate, Speaker of the House of Representatives, and chairpersons of the House Committee on Appropriations and the Senate Appropriations Committee on or before December 31, 2014. The committee shall stand abolished on December 31, 2014.

Approved April 22, 2014.

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GENERAL ASSEMBLY JOINT STUDY COMMITTEE ON THE GEORGIA LEGACY PROGRAM.

No. 600 (Senate Resolution No. 896).

A RESOLUTION

Creating the Joint Study Committee on the Georgia Legacy Program; and for other purposes.

WHEREAS, the General Assembly recognizes that as stewards of this state's natural resources, Georgians have a moral imperative and economic incentive to conserve our land and water; and

WHEREAS, the State of Georgia's land and water resources, prime agricultural and forestry lands, and natural, cultural, historic, and recreational areas are a priceless legacy that enhance the health of ecosystems, encourage working landscapes, foster natural resource stewardship, sustain a healthy economy, and promote a sustainable high quality of life for current and future generations of Georgians; and

WHEREAS, it is incumbent upon the State of Georgia to provide stewardship for state lands to protect our natural resources and cultural heritage; and

WHEREAS, it is essential to our state economy to conserve working farms and forests; and

WHEREAS, the state should provide support for maintenance of local parks and trails; and

WHEREAS, it is necessary to provide funding options to acquire critical areas for clean water, game, wildlife, fisheries, and natural resource based outdoor recreation; and

WHEREAS, the state should establish funding options through various sources and ensure the most effective use of such funds for the protection and conservation of the state's ample natural resources and land.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Georgia Legacy Program to study the need for the state to provide funding options to acquire critical areas for clean water, game, wildlife, fisheries, and natural resource based outdoor recreation. The study committee shall be composed of 11 members as follows: the Chairperson of the Natural Resources and Environment Committee of the House of Representatives; the Chairperson of the Senate Natural Resources and the Environment Committee; two members of the

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Natural Resources and Environment Committee of the House of Representatives, selected by the Speaker of the House of Representatives; two members of the Senate Natural Resources and the Environment Committee, selected by the President of the Senate; director of Georgia Forestry Commission or his or her designee; the director of the Georgia Environmental Finance Authority, or his or her designee; the Commissioner of the Georgia Department of Agriculture, or his or her designee; the commissioner of the Department of Natural Resources, or his or her designee; the director of the Environmental Protection Division of the Department of Natural Resources, or his or her designee; and the commissioner of the Department of Economic Development, or his or her designee. The Governor shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.

BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. Any other public employees who are members of the committee shall receive no compensation from legislative funds but may be reimbursed for expenses by their employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2014, at which time the committee shall stand abolished.

Approved April 22, 2014.

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GENERAL ASSEMBLY JOINT STUDY COMMITTEE ON VIOLENCE AGAINST HEALTH CARE WORKERS; JOINT STUDY COMMITTEE
ON THE PRESCRIPTION OF MEDICAL CANNABIS FOR SERIOUS MEDICAL CONDITIONS.

No. 601 (Senate Resolution No. 981).

A RESOLUTION

Creating certain joint study committees relating to health; and for other purposes.

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PART I.

WHEREAS, Georgia has dedicated emergency departments staffed with extraordinary health care professionals and personnel throughout this state; and

WHEREAS, workplace violence is of grave concern to all citizens; over 80 percent of all hospital staff have been assaulted at least once in their career; and

WHEREAS, emergency department violence is a significant problem and has a direct relationship to experiences of negative stress, decreased work productivity, recovery time off of the job, decreased quality of patient care, and exacerbation of the shortage of health care professionals; and

WHEREAS, workplace violence results in increased costs and diversion of resources for increased hospital security and dedicated police force personnel; and

WHEREAS, a significant number of the perpetrators are individuals utilizing the hospital emergency departments suffering from untreated mental illnesses which are exacerbated by their abuse of drugs, the effect of prescription drugs, their failure to take prescribed medication, or a combination of such factors; and

WHEREAS, a study of the causes and the solutions to the ever increasing violence committed against emergency department personnel needs to be undertaken.

NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY that there is created the Joint Study Committee on Violence Against Health Care Workers to be composed of 11 members: three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, and five members to be appointed by the Governor. The Governor's appointees shall include the following: one emergency department director from a facility with greater than 500 beds, one emergency department director from a facility with less than 100 beds, one hospital security manager, one behavioral health care professional, and one emergency department registered nurse. The Speaker of the House of Representatives shall designate one of the appointees from the House of Representatives as a cochairperson, and the President of the Senate shall designate one of the appointees from the Senate as a cochairperson. The committee shall meet at the call of the cochairpersons.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may

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conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. Nonlegislative members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the committee who are state officials or employees, other than legislative members, shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available in their respective departments. All other funds necessary to carry out the provisions of this part shall come from funds appropriated to the House of Representatives and the Senate. All agencies of the state are directed to provide the committee with such assistance as the committee shall require to perform its assigned duties. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 2, 2014. The committee shall stand abolished on December 2, 2014.

PART II.

WHEREAS, clinical research performed over the past decades continues to show benefits arising from certain forms of medical cannabis; and

WHEREAS, presently, there are in excess of one million United States medical cannabis patients, and an increasing number of physicians are recommending the therapeutic use of cannabis to their patients in accordance with their respective state laws; and

WHEREAS, new extracts and compounds have been developed demonstrating that cannabidiol, one of the most prevalent nonpsychoactive cannabinoids, has significant health and wellness benefits as shown by recent publication of the positive treatment of certain seizure disorders afflicting children; and

WHEREAS, the state's purpose in desiring to study this matter is the compassionate, potentially life-saving use of medical cannabis, and it is not the state's intent to sanction, encourage, or otherwise be construed as a movement in the direction of the legalization of the recreational use of cannabis or other controlled substances; and

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WHEREAS, it would be beneficial to the children and families in this state to undertake a study of the prescriptive use of medical cannabis for serious medical condition to determine whether it would be appropriate to enact legislation making new provisions or changing provisions of current state law with regard to such prescriptive use.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Prescription of Medical Cannabis for Serious Medical Conditions to be composed of ten members as follows: four members of the House of Representatives to be appointed by the Speaker of the House of Representatives; four members of the Senate to be appointed by the President of the Senate; the chairman of the board or his or her designee of the Medical Association of Georgia; and the executive director or his or her designee of the Prosecuting Attorneys' Council of Georgia. The Speaker of the House of Representatives shall designate one of the appointees from the House of Representatives as a cochairperson, and the President of the Senate shall designate one of the appointees from the Senate as a cochairperson. The committee shall meet at the call of the cochairpersons.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues raised herein or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The public members of the committee who are not public employees shall receive from legislative funds a daily expense allowance as provided in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated. Any public employees who are members of the committee shall receive no compensation from legislative funds but may be reimbursed for expenses by their employers. The funds necessary to carry out the provisions of this part shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2014, at which time the committee shall stand abolished.

Approved April 22, 2014.

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CONSERVATION AND NATURAL RESOURCES FLEXIBILITY FOR ESTABLISHING WATERSHED PROTECTION STANDARDS; SUBMISSION OF PLANS BY LOCAL GOVERNMENTS.

No. 602 (Senate Bill No. 299).

AN ACT

To amend Code Section 12-2-8 of the Official Code of Georgia Annotated, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the state, so as to provide flexibility for establishing watershed protection standards; to require submission of watershed protection plans by local governments; 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 12-2-8 of the Official Code of Georgia Annotated, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the state, is amended by revising subsection (d) as follows:
"(d) The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and reservoirs, land development densities, and land use activities. Local governments shall submit for approval by the department a watershed protection plan which shall include watershed protection standards and procedures. The department may adopt differing minimum standards and procedures of watershed protection based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed. Standards and procedures for buffer areas along streams and reservoirs shall comply with subsection (b) of this Code section and Code Section 12-7-6."

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

Approved April 23, 2014.

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CONSERVATION AND NATURAL RESOURCES SLUDGE LAND APPLICATION PERMITS; REVISE REQUIREMENTS.

No. 603 (House Bill No. 741).

AN ACT

To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to revise certain requirements related to issuance of sludge land application permits; to require consistency with existing local zoning ordinances; to require that public hearings be held within jurisdiction of the governing authority where the proposed land application site is located; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Code Section 12-5-30.3, relating to sludge land application systems, as follows:
"12-5-30.3. (a) As used in this Code section, the term:
(1) 'Sludge' means the solid or semisolid residue generated at a waste-water treatment or pretreatment plant. Such term specifically excludes treated effluent, septage, and sludge that has been treated to further reduce pathogens by such processes as composting, heat drying, or heat treating. (2) 'Sludge land application' means the placement of sludge on or under the ground surface for the purpose of sludge disposal, soil conditioning, or agricultural enhancement. Such term specifically excludes the disposal of sludge in a permitted landfill. (b)(1) No person shall operate a sludge land application system without first securing the approval of the director. The director may include this approval and approval requirements in a permit issued under Code Section 12-5-30. (2) Prior to the issuance of any permit for a sludge land application system, the director shall require written verification to be furnished by the applicant that the proposed facility complies with applicable local zoning or land use ordinances, if any. (c) The Board of Natural Resources shall adopt technical regulations governing sludge land application and procedural regulations for approval of sludge land application systems, including public notice and public hearing requirements. All public hearings shall be conducted by the division and the applicant for the permit within the jurisdiction of the local governing authority where the proposed sludge land application site is located.

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(d) The local governing authority in which a sludge land application site is located may assess upon the generator of the sludge and the owner of the sludge land application site reasonable fees for environmental monitoring of the site and may hire persons to monitor the site. Payment of the assessed fee shall be made prior to the application of sludge. Failure to pay such fees, if assessed, shall be grounds for the local governing authority to seek an injunction to stop the land application of sludge. The provisions of this section shall not apply to the land application of sludge which is generated by the treatment of industrial process waste water only. (e) Any person who violates this Code section, regulations adopted by the Board of Natural Resources pursuant to this Code section, or any permit or approval requirements of the director issued pursuant to this Code section shall be subject to the civil penalties and the criminal penalties contained in Code Sections 12-5-52 and 12-5-53."

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

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

Approved April 23, 2014.

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BUILDINGS AND HOUSING GAME AND FISH CRIMES AND OFFENSES LAW ENFORCEMENT OFFICERS AND AGENCIES
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS COMPREHENSIVE REVISION OF LAW REGARDING THE CARRYING AND POSSESSION OF FIREARMS.

No. 604 (House Bill No. 60).

AN ACT

To amend Code Section 8-3-202, Part 1 of Article 1 of Chapter 3 of Title 27, Article 2 of Chapter 3, Article 4 of Chapter 11, and Part 2 of Article 4 of Chapter 12 of Title 16, and Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to unlawful practices in selling or renting dwellings and exceptions, general provisions regarding hunting, justification and excuse, dangerous instrumentalities and practices, transportation passenger safety, and disclosure and dissemination of criminal records to private persons and

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businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, respectively, so as to change provisions relating to carrying weapons and the issuance of weapons carry licenses; to provide for a short title; to authorize hunting using a firearm silencer or suppressor under certain circumstances; to provide for penalties for improper use; to provide that persons who use threats, force, or deadly force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution under Part 3 of Article 4 of Chapter 11 of Title 16; to change provisions relating to carrying weapons in unauthorized locations; to provide for and change definitions; to change provisions relating to carrying weapons within certain school safety zones and at school functions; to change provisions relating to exemptions for carrying weapons within school safety zones; to remove fingerprinting requirements for renewal licenses; to allow persons who have had their weapons carry licenses revoked to be eligible to be license holders under certain circumstances; to prohibit the creation or maintenance of data bases regarding persons issued weapons carry licenses; to provide for verification of weapons carry licenses; to provide an exemption from certain laws regarding the carrying and possession of firearms by certain judges; to provide for local boards of education to authorize personnel to carry weapons within school safety zones under certain circumstances; to provide for the offense of unlawfully carrying a weapon into a secure airport area; to provide for weapons carry licenses to be carried and exhibited on demand; to provide that defense of self or others is an absolute defense to any violation under Part 3 of Article 4 of Chapter 11 and Part 2 of Article 4 of Chapter 12 of Title 16; to change legislative findings; to change provisions relating to preemption of local regulations; to provide for the collection and dissemination of information pertinent to issuing weapons carry licenses; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal state laws regarding firearms dealers; to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to prohibit certain limitations regarding firearms during a declared state of emergency; to provide for definitions; to change provisions relating to emergency powers of the Governor; to amend Code Sections 16-5-21, 16-5-24, 16-12-1, 20-2-1180, 20-2-1185, and 43-38-10 of the Official Code of Georgia Annotated, relating to aggravated assault, aggravated battery, contributing to the delinquency, unruliness, or deprivation of a minor, loitering upon school premises or within a school safety zone, school safety plans, and private detectives and security agencies permits to carry firearms, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I SECTION 1-1.

This Act shall be known and may be cited as the "Safe Carry Protection Act."

SECTION 1-2. Code Section 8-3-202 of the Official Code of Georgia Annotated, relating to unlawful practices in selling or renting dwellings and exceptions, is amended in subsection (a) by striking "or" at the end of subparagraph (a)(6)(C), by replacing the period with "; or" at the end of subparagraph (a)(7)(D), and by adding a new paragraph to read as follows:
"(8) To require, as a condition of tenancy in public housing, any prohibition or restriction of any lawful possession of a firearm within an individual dwelling unless required by federal law or regulation."

SECTION 1-2A. Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding hunting, is amended by revising Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, as follows:
"27-3-4. (a) It shall be unlawful to hunt wildlife with any weapon, except that:
(1) Longbows, recurve bows, crossbows, and compound bows may be used for taking small game, feral hogs, or big game. Arrows for hunting deer, bear, and feral hogs must be broadhead type; (2) During primitive weapon hunts or primitive weapons seasons:
(A) Longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; and (B) Youth under 16 years of age may hunt deer with any firearm legal for hunting deer; (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading firearms of .44 caliber or larger, and center-fire firearms .22 caliber or larger; provided, however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Bullets used in all center-fire rifles and handguns must be of the expanding type; (4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 caliber or smaller rimfire firearms, air rifles, muzzleloading firearms, longbows, recurve bows, crossbows, and compound bows; provided, however, that in addition to the weapons listed in this paragraph, any

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center-fire firearm of .17 caliber or larger may be used for hunting fox and bobcat. Nothing contained in this paragraph shall permit the taking of protected species;
(5)(A) For hunting deer, feral hogs, and bear, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (B) For hunting all other game animals, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading firearms, longbows, crossbows, recurve bows, or compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00; (7) Weapons for hunting alligators shall be limited to hand-held ropes or snares, snatch hooks, harpoons, gigs, or arrows with restraining lines attached. Lawfully restrained alligators may be killed with any caliber handgun or bangstick and shall be killed immediately before transporting; (8) There are no firearms restrictions for taking nongame animals or nongame birds; and (9) The use of silencers or suppressors for hunting within this state is prohibited; provided, however, that a silencer or suppressor may be used for hunting on the private property of the person using such silencer or suppressor, on private property for which the owner of such property has provided verifiable permission to the person using such silencer or suppressor, and on public lands in areas designated by the department. (b)(1) It shall be illegal to use a silencer or suppressor for hunting in violation of paragraph (9) of subsection (a) of this Code section. A person who violates the provisions of this paragraph shall be guilty of a misdemeanor. (2) The hunting privileges of any person who has been convicted of violating the provisions of this title or any rule or regulation promulgated pursuant thereto by hunting without landowner permission, hunting in an area that is closed for hunting, or hunting big game out of season or at night with a firearm equipped with a suppressor shall be suspended for three years."

SECTION 1-3. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse, is amended by revising Code Section 16-3-24.2, relating to immunity from prosecution and exception, as follows:
"16-3-24.2. A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use

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of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of this title."

SECTION 1-4. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by revising subsection (d) of Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, as follows:
"(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135."

SECTION 1-5. Said article is further amended by revising Code Section 16-11-127, relating to carrying weapons in unauthorized locations and penalty, as follows:
"16-11-127. (a) As used in this Code section, the term:
(1) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (2) 'Government building' means:
(A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (3) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (4) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, or place of worship that has been designated by such government entity, courthouse, jail, prison, or place of worship for the parking of motor vehicles at a government building or at such courthouse, jail, prison, or place of worship.

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(b) Except as provided in subsection (d) or (e) of this Code section, a person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:
(1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship, unless the governing body or authority of the place of worship permits the carrying of weapons or long guns by license holders; (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (7) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. (c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which

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is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility. (e) (1) A license holder shall be authorized to carry a weapon in a government building when the government building is open for business and where ingress into such building is not restricted or screened by security personnel. A license holder who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor if at least one member of such security personnel is certified as a peace officer pursuant to Chapter 8 of Title 35; provided, however, that a license holder who immediately exits such building or immediately leaves such location upon notification of his or her failure to clear security due to the carrying of a weapon shall not be guilty of violating this subsection or paragraph (1) of subsection (b) of this Code section. A person who is not a license holder and who attempts to enter a government building carrying a weapon shall be guilty of a misdemeanor. (2) Any license holder who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00. Any person who is not a license holder who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor."

SECTION 1-6. Said article is further amended by revising subsection (a), paragraphs (1) and (2) of subsection (b), and subsections (c) through (f) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"(a) As used in this Code section, the term: (1) 'Bus or other transportation furnished by a school' means a bus or other transportation furnished by a public or private elementary or secondary school. (2) 'School function' means a school function or related activity that occurs outside of a school safety zone and is for a public or private elementary or secondary school. (3) 'School safety zone' means in or on any real property or building owned by or leased to: (A) Any public or private elementary school, secondary school, or local board of education and used for elementary or secondary education; and (B) Any public or private technical school, vocational school, college, university, or other institution of postsecondary education. (4) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck,

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nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school function, or on a bus or other transportation furnished by a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both." "(c) The provisions of this Code section shall not apply to: (1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes; (2) Participants in organized sport shooting events or firearm training courses; (3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (4) Persons participating in law enforcement training conducted by a police academy certified by the Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof; (5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; (E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and (F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; (6) A person who has been authorized in writing by a duly authorized official of a public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education or a local board of education as provided in Code Section 16-11-130.1 to have in such person's possession or use within a school safety zone, at a school function, or on a bus or other transportation furnished by a school a weapon which would otherwise be

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prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid; (7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student within a school safety zone, at a school function, or on a bus or other transportation furnished by a school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked within a school safety zone or is in transit through a designated school safety zone; (8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student within a school safety zone, at a school function, or on a bus or other transportation furnished by a school, or when such vehicle is used to transport someone to an activity being conducted within a school safety zone which has been authorized by a duly authorized official or local board of education as provided by paragraph (6) of this subsection; provided, however, that this exception shall not apply to a student attending a public or private elementary or secondary school; (9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; (11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon; (12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation; (13) Public safety directors of municipal corporations; (14) State and federal trial and appellate judges; (15) United States attorneys and assistant United States attorneys; (16) Clerks of the superior courts; (17) Teachers and other personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle; or (18) Constables of any county of this state.

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(d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, that it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property or a bus or other transportation furnished by a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section. (e) It shall be no defense to a prosecution for a violation of this Code section that: (1) School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school purposes at the time of the offense; or (3) The offense took place on a bus or other transportation furnished by a school. (f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or the area of any public or private technical school, vocational school, college, university, or other institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county."

SECTION 1-7. Said article is further amended by revising Code Section 16-11-129, relating to license to carry weapons, as follows:
"16-11-129. (a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $30.00, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United

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States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application. Such license or renewal license shall authorize that person to carry any weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant, such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within this state at no cost. (b) Licensing exceptions.
(1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means an adjudication of guilt. Such term shall not include an order of discharge and exoneration pursuant to Article 3 of Chapter 8 of Title 42. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71.
(2) No weapons carry license shall be issued to: (A) Any person younger than 21 years of age unless he or she: (i) Is at least 18 years of age; (ii) Provides proof that he or she has completed basic training in the armed forces of the United States; and (iii) Provides proof that he or she is actively serving in the armed forces of the United States or has been honorably discharged from such service; (B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States, including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation; (C) Any person against whom proceedings are pending for any felony; (D) Any person who is a fugitive from justice;

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(E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; (G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section within three years of the date of his or her application; (H) Any person who has been convicted of any of the following:
(i) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (ii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127 and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application; (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (E) through (G) of this paragraph for at least five years immediately preceding the date of the application; (J) Except as provided for in subsection (b.1) of this Code section, any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license; (K) Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated mentally incompetent to stand trial; or

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(L) Except as provided for in subsection (b.1) of this Code section, any person who has been adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Chapter 7 of Title 17. (b.1) Petitions for relief from certain licensing exceptions. (1) Persons provided for under subparagraphs (b)(2)(J), (b)(2)(K), and (b)(2)(L) of this Code section may petition the court in which such adjudication, hospitalization, or treatment proceedings, if any, under Chapter 3 or 7 of Title 37 occurred for relief. A copy of such petition for relief shall be served as notice upon the opposing civil party or the prosecuting attorney for the state, as the case may be, or their successors, who appeared in the underlying case. Within 30 days of the receipt of such petition, such court shall hold a hearing on such petition for relief. Such prosecuting attorney for the state may represent the interests of the state at such hearing. (2) At the hearing provided for under paragraph (1) of this subsection, the court shall receive and consider evidence in a closed proceeding concerning: (A) The circumstances which caused the person to be subject to subparagraph (b)(2)(J), (b)(2)(K), or (b)(2)(L) of this Code section; (B) The person's mental health and criminal history records, if any. The judge of such court may require any such person to sign a waiver authorizing the superintendent of any mental hospital or treatment center to make to the judge a recommendation regarding whether such person is a threat to the safety of others. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department; (C) The person's reputation which shall be established through character witness statements, testimony, or other character evidence; and (D) Changes in the person's condition or circumstances since such adjudication, hospitalization, or treatment proceedings under Chapter 3 or 7 of Title 37. The judge shall issue an order of his or her decision no later than 30 days after the hearing. (3) The court shall grant the petition for relief if such court finds by a preponderance of the evidence that the person will not likely act in a manner dangerous to public safety in carrying a weapon and that granting the relief will not be contrary to the public interest. A record shall be kept of the hearing; provided, however, that such records shall remain confidential and be disclosed only to a court or to the parties in the event of an appeal. Any appeal of the court's ruling on the petition for relief shall be de novo review. (4) If the court grants such person's petition for relief, the applicable subparagraph (b)(2)(J), (b)(2)(K), or (b)(2)(L) of this Code section shall not apply to such person in his or her application for a weapons carry license or renewal; provided, however, that such person shall comply with all other requirements for the issuance of a weapons carry license or renewal license. The clerk of such court shall report such order to the Georgia

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Crime Information Center immediately, but in no case later than ten business days after the date of such order. (5) A person may petition for relief under this subsection not more than once every two years. In the case of a person who has been hospitalized as an inpatient, such person shall not petition for relief prior to being discharged from such treatment. (c) Fingerprinting. Following completion of the application for a weapons carry license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county or to any vendor approved by the Georgia Bureau of Investigation for fingerprint submission services with the completed application so that such agency or vendor can capture the fingerprints of the applicant. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with fingerprinting and processing of an application. Fingerprinting shall not be required for applicants seeking temporary renewal licenses or renewal licenses. (d) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by United States Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application directly to the

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judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. (e) Revocation, loss, or damage to license. If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services. (f)(1) Weapons carry license specifications. Weapons carry licenses issued prior to January 1, 2012, shall be in the format specified by the former provisions of this paragraph as they existed on June 30, 2013. (2) On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating

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microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (3) Using the physical characteristics of the license set forth in paragraph (2) of this subsection, The Council of Probate Court Judges of Georgia shall create specifications for the probate courts so that all weapons carry licenses in this state shall be uniform and so that probate courts can petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing such licenses. The department shall follow the competitive bidding procedure set forth in Code Section 50-5-102. (g) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits a weapons carry license or who possesses an altered or counterfeit weapons carry license with the intent to misrepresent any information contained in such license shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person shall comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers. (i) Temporary renewal licenses. (1) Any person who holds a weapons carry license under this Code section may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he or she then holds or if the previous license has expired within the last 30 days. (2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue.

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(4) During its period of validity the temporary renewal license, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a five-year license. (j) Applicant may seek relief. When an eligible applicant fails to receive a license, temporary renewal license, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary renewal license, or renewal license. When an applicant is otherwise denied a license, temporary renewal license, or renewal license and contends that he or she is qualified to be issued a license, temporary renewal license, or renewal license, the applicant may bring an action in mandamus or other legal proceeding in order to obtain such license. Additionally, the applicant may request a hearing before the judge of the probate court relative to the applicant's fitness to be issued such license. Upon the issuance of a denial, the judge of the probate court shall inform the applicant of his or her rights pursuant to this subsection. If such applicant is the prevailing party, he or she shall be entitled to recover his or her costs in such action, including reasonable attorney's fees. (k) Data base prohibition. A person or entity shall not create or maintain a multijurisdictional data base of information regarding persons issued weapons carry licenses. (l) Verification of license. The judge of a probate court or his or her designee shall be authorized to verify the legitimacy and validity of a weapons carry license to a license holder, pursuant to a subpoena or court order, or for public safety purposes, but shall not be authorized to provide any further information regarding license holders."

SECTION 1-8. Said article is further amended in Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, by revising paragraph (12) of subsection (a) and by adding two new paragraphs to read as follows:
"(12) State and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal and city courts; (12.1) Former state and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal courts who are retired from their respective offices, provided that such judge would otherwise be qualified to be issued a weapons carry license; (12.2) Former state and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of

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municipal courts who are no longer serving in their respective office, provided that he or she served as such judge for more than 24 months and provided, further, that such judge would otherwise be qualified to be issued a weapons carry license;"

SECTION 1-9. Said article is further amended by adding two new Code sections to read as follows:
"16-11-130.1. (a) As used in this Code section, the term:
(1) 'Bus or other transportation furnished by a school' means a bus or other transportation furnished by a public or private elementary or secondary school. (2) 'School function' means a school function or related activity that occurs outside of a school safety zone for a public or private elementary or secondary school. (3) 'School safety zone' means in or on any real property or building owned by or leased to any public or private elementary or secondary school or local board of education and used for elementary or secondary education. (4) 'Weapon' shall have the same meaning as set forth in Code Section 16-11-127.1. (b) This Code section shall not be construed to require or otherwise mandate that any local board of education or school administrator adopt or implement a practice or program for the approval of personnel to possess or carry weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school nor shall this Code section create any liability for adopting or declining to adopt such practice or program. Such decision shall rest with each individual local board of education. If a local board of education adopts a policy to allow certain personnel to possess or carry weapons as provided in paragraph (6) of subsection (c) of Code Section 16-11-127.1, such policy shall include approval of personnel to possess or carry weapons and provide for: (1) Training of approved personnel prior to authorizing such personnel to carry weapons. The training shall at a minimum include training on judgment pistol shooting, marksmanship, and a review of current laws relating to the use of force for the defense of self and others; provided, however, that the local board of education training policy may substitute for certain training requirements the personnel's prior military or law enforcement service if the approved personnel has previously served as a certified law enforcement officer or has had military service which involved similar weapons training; (2) An approved list of the types of weapons and ammunition and the quantity of weapons and ammunition authorized to be possessed or carried; (3) The exclusion from approval of any personnel who has had an employment or other history indicating any type of mental or emotional instability as determined by the local board of education; and (4) A mandatory method of securing weapons which shall include at a minimum a requirement that the weapon, if permitted to be carried concealed by personnel, shall be carried on the person and not in a purse, briefcase, bag, or similar other accessory which is not secured on the body of the person and, if maintained separate from the person, shall

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be maintained in a secured lock safe or similar lock box that cannot be easily accessed by students. (c) Any personnel selected to possess or carry weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be a license holder, and the local board of education shall be responsible for conducting a criminal history background check of such personnel annually to determine whether such personnel remains qualified to be a license holder. (d) The selection of approved personnel to possess or carry a weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be done strictly on a voluntary basis. No personnel shall be required to possess or carry a weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school and shall not be terminated or otherwise retaliated against for refusing to possess or carry a weapon. (e) The local board of education shall be responsible for any costs associated with approving personnel to carry or possess weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school; provided, however, that nothing contained in this Code section shall prohibit any approved personnel from paying for part or all of such costs or using any other funding mechanism available, including donations or grants from private persons or entities. (f) Documents and meetings pertaining to personnel approved to carry or possess weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be considered employment and public safety security records and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50.

16-11-130.2. (a) No person shall enter the restricted access area of a commercial service airport, in or beyond the airport security screening checkpoint, knowingly possessing or knowingly having under his or her control a weapon or long gun. Such area shall not include an airport drive, general parking area, walkway, or shops and areas of the terminal that are outside the screening checkpoint and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that weapons are prohibited in such area. (b) A person who is not a license holder and who violates this Code section shall be guilty of a misdemeanor. A license holder who violates this Code section shall be guilty of a misdemeanor; provided, however, that a license holder who is notified at the screening checkpoint for the restricted access area that he or she is in possession of a weapon or long gun and who immediately leaves the restricted access area following such notification and completion of federally required transportation security screening procedures shall not be guilty of violating this Code section. (c) Any person who violates this Code section with the intent to commit a separate felony offense shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine

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of not less than $1,000.00 nor more than $15,000.00, imprisonment for not less than one nor more than ten years, or both. (d) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state which is in conflict with this Code section shall be null, void, and of no force and effect, and this Code section shall preempt any such ordinance, resolution, regulation, or policy."

SECTION 1-10. Said article is further amended by adding two new Code sections to read as follows:
"16-11-137. (a) Every license holder shall have his or her valid weapons carry license in his or her immediate possession at all times when carrying a weapon, or if such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, he or she shall have proof of his or her exemption in his or her immediate possession at all times when carrying a weapon, and his or her failure to do so shall be prima-facie evidence of a violation of the applicable provision of Code Sections 16-11-126 through 16-11-127.2. (b) A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license. (c) A person convicted of a violation of this Code section shall be fined not more than $10.00 if he or she produces in court his or her weapons carry license, provided that it was valid at the time of his or her arrest, or produces proof of his or her exemption.

16-11-138. Defense of self or others, as contemplated by and provided for under Article 2 of Chapter 3 of Title 16, shall be an absolute defense to any violation under this part."

SECTION 1-11. Said article is further amended by revising Code Section 16-11-173, relating to legislative findings and preemption of local regulation and lawsuits, as follows:
"16-11-173. (a)(1) It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern. (2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se. (b)(1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning or by ordinance or resolution, nor any agency, board, department, commission, or authority of this state, other than the General Assembly, by rule or regulation shall regulate in any manner: (A) Gun shows;

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(B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons; (C) Firearms dealers or dealers of other weapons; or (D) Dealers in components of firearms or other weapons. (2) The authority to bring suit and right to recover against any weapons, firearms, or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority. (c)(1) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with such local unit of government; provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law. (2) The commanding officer of any law enforcement agency shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by employees under his or her supervision so long as such regulations comport with state and federal law. (3) The district attorney, and the solicitor-general in counties where there is a state court, shall regulate and determine the possession, carrying, and transportation of firearms and other weapons by county employees under his or her supervision so long as such regulations comport with state and federal law. (d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance or resolution, from requiring the ownership of guns by heads of households within the political subdivision. (e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance or resolution, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county. (f) As used in this Code section, the term 'weapon' shall have the same meaning as set forth in Code Section 16-11-127.1. (g) Any person aggrieved as a result of a violation of this Code section may bring an action against the person who caused such aggrievement. The aggrieved person shall be entitled

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to reasonable attorney's fees and expenses of litigation and may recover or obtain against the person who caused such damages any of the following:
(1) Actual damages or $100.00, whichever is greater; (2) Equitable relief, including, but not limited to, an injunction or restitution of money and property; and (3) Any other relief which the court deems proper."

SECTION 1-12. Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, is amended by adding a new Code section to read as follows:
"16-12-129. Defense of self or others, as contemplated by and provided for under Article 2 of Chapter 3 of Title 16, shall be an absolute defense to any violation under this part."

SECTION 1-13. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, is amended in subsection (e) by adding a new paragraph to read as follows:
"(3)(A) The records of the center shall include information as to whether a person has been involuntarily hospitalized. In order to carry out the provisions of Code Section 16-11-129, the center shall be provided such information and no other mental health information from the records of the probate and superior courts ordering persons to be involuntarily hospitalized. With respect to probate court records, such information shall be provided in a manner agreed upon by the Probate Judges Training Council and the bureau. With respect to superior court records, such information shall be provided in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the bureau. Such records shall be provided in a manner so as to preserve the confidentiality of patients' rights in all other respects. (B) In order to carry out the provisions of Code Section 16-11-129, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or has been found not guilty by reason of insanity at the time of the crime. The clerk of court shall report such information to the center immediately but in no case later than ten days after such adjudication of mental incompetence or finding of not guilty by reason of insanity."

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SECTION 1-14. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing Chapter 16, relating to firearms dealers, and designating said chapter as reserved.

PART II SECTION 2-1.

This part shall be known to be in honor of Representative Bobby Franklin.

SECTION 2-2. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new Code section to read as follows:
"38-3-37. (a) As used in this Code section, the term:
(1) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (2) 'License holder' shall have the same meaning as set forth in Code Section 16-11-125.1. (3) 'Weapon' shall have the same meaning as set forth in Code Section 16-11-125.1. (b) No official or employee of the state or any political subdivision thereof, member of the National Guard in the service of the state, or any person operating pursuant to or under color of state law, while acting during or pursuant to a declared state of emergency, shall: (1) Temporarily or permanently seize, or authorize the seizure of, any firearm or ammunition or any component thereof the possession of which was not prohibited by law at the time immediately prior to the declaration of a state of emergency, other than as provided by the criminal or forfeiture laws of this state; (2) Prohibit possession of any firearm or ammunition or any component thereof or promulgate any rule, regulation, or order prohibiting possession of any firearm or ammunition or any component thereof if such possession was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; (3) Prohibit any license holder from carrying any weapon or promulgate any rule, regulation, or order prohibiting such carrying if such carrying was not otherwise prohibited by law at the time immediately prior to the declaration of a state of emergency; or (4) Require the registration of any firearm."

SECTION 2-3. Said chapter is further amended by revising paragraph (8) of subsection (d) of Code Section 38-3-51, relating to emergency powers of the Governor, as follows:

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"(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles; provided, however, that for purposes of this paragraph, the terms 'explosives' and 'combustibles' shall not include firearms or ammunition or any component thereof; and"

PART III SECTION 3-1.

Code Section 16-5-21 of the Official Code of Georgia Annotated, relating to aggravated assault, is amended by revising subsection (i) as follows:
"(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."

SECTION 3-2. Code Section 16-5-24 of the Official Code of Georgia Annotated, relating to aggravated battery, is amended by revising subsection (g) as follows:
"(g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."

SECTION 3-3. Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency, unruliness, or deprivation of a minor, is amended by revising paragraph (5) of subsection (b) as follows:
"(5) Knowingly and willfully provides to a minor any weapon as defined in Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or"

SECTION 3-4. Code Section 20-2-1180 of the Official Code of Georgia Annotated, relating to loitering upon school premises or within a school safety zone, is amended by revising subsection (a) as follows:
"(a) It shall be unlawful for any person to remain upon the premises or within the school safety zone as defined in Code Section 16-11-127.1 of any public or private school in this state or to remain upon such premises or within such school safety zone when that person does not have a legitimate cause or need to be present thereon. Each principal or designee

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of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who does not have a legitimate need or cause to be present thereon from loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who does not have a legitimate need or cause to be present therein from loitering within the school safety zone."

SECTION 3-5. Code Section 20-2-1185 of the Official Code of Georgia Annotated, relating to school safety plans, is amended by revising subsection (c) as follows:
"(c) School safety plans prepared by public schools shall address security issues in school safety zones as defined in Code Section 16-11-127.1. School safety plans should also address security issues involving the transportation of pupils to and from school and school functions when such transportation is furnished by the school or school system and school functions held during noninstructional hours."

SECTION 3-6. Code Section 43-38-10 of the Official Code of Georgia Annotated, relating to private detectives and security agencies permits to carry firearms, is amended by revising subsection (a) as follows:
"(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is a license holder as defined in Code Section 16-11-125.1, who is licensed or registered in accordance with this chapter, and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual."

PART IV SECTION 4-1.

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

Approved April 23, 2014.

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WATERS OF THE STATE, PORTS, AND WATERCRAFT SUSPENSION OF PRIVILEGE TO OPERATE WATERCRAFT; PENALTIES; INTERSTATE BOATING VIOLATOR COMPACT.

No. 605 (House Bill No. 777).

AN ACT

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 provide for suspension of privileges to operate a vessel upon the waters of this state for violations of vessel laws of this state and other states; to change provisions relating to penalties; to enact the Interstate Boating Violator Compact; to provide for definitions; to provide the purpose of such compact; to provide for findings; to provide procedures for issuing citations to violators who are residents of compact states; to provide for procedures for enforcement of citations under the compact; to provide for reciprocal recognition of suspension of privileges; to provide for procedures for compact administration; to provide for entry into and withdrawal from such compact; to provide for amendments to such compact; to provide for construction and severability of such compact; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by adding a new Code section to read as follows:
"52-7-12.7. (a) Except as provided for in Code Sections 52-7-12, 52-7-12.5, and 52-7-12.6, and notwithstanding criminal proceedings that may be initiated by law, upon a determination by the department that a person has violated this chapter or any rule or regulation promulgated pursuant thereto, is in noncompliance with a citation issued by another state regarding the operation of a vessel, or is suspended by another state from operating a vessel, the department may suspend such person's privilege to operate a vessel upon the waters of this state for a period of up to two years following the determination of such violation, or if the suspension is due to noncompliance with a citation or a suspension regarding the operation of a vessel in another state, then such person's privilege to operate a vessel upon the waters of this state may remain suspended until satisfactory evidence of compliance or restoration of privileges from the other state has been received by the department as such satisfactory evidence is determined by rules and regulations of the department. Such person shall be notified of the proposed suspension personally or by a

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letter sent by certified mail or statutory overnight delivery at such person's last known address. The notice shall inform such person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing. The proposed suspension shall become final 30 days after issuance of notice if the proposed suspension is not appealed as provided in this Code section. (b) Any person whose privilege is proposed for suspension shall, upon petition within 30 days of issuance of notice given as stated in subsection (a) of this Code section, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) Any person who operates a vessel on any of the waters of this state at a time when such person's privilege to do so has been suspended under this Code section shall be subject to the provisions of subsection (c) of Code Section 52-7-12.6."

SECTION 2. Said chapter is further amended by revising Code Section 52-7-26, relating to penalties, as follows:
"52-7-26. (a) 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 as provided in this article, the term 'rules and regulations' means those rules and regulations of the board in force and effect on January 1, 2014. (b) Notwithstanding subsection (c) of Code Section 17-6-12, the release of a person on his or her own recognizance for violations under Code Sections 52-7-12, 52-7-12.2, 52-7-12.3, and 52-7-12.4 shall be prohibited."

SECTION 3. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 1A

52-7-30. The Interstate Boating Violator Compact is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in accordance with its terms. The compact is substantially as follows:

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'INTERSTATE BOATING VIOLATOR COMPACT ARTICLE I. TITLE

This compact shall be known as the "Interstate Boating Violator Compact."

ARTICLE II. DEFINITIONS

Unless the context requires otherwise, the following definitions in this article apply throughout this compact and are intended only for the implementation of this compact:
(1) "Boating activities" means activities involving the operation of vessels on public waters. (2) "Boating authority" means the board, department, or division within a party state which is authorized by law to regulate the operation of vessels. (3) "Boating law" means laws, regulations, ordinances, or administrative rules developed and enacted to regulate boating activities. (4) "Boating violation" means violation of laws, regulations, ordinances, or administrative rules developed and enacted to regulate the operation of vessels. (5) "Citation" means summons, complaint, ticket, penalty assessment, or other official document containing an order which requires the person to respond. (6) "Collateral" means cash or other security deposited to secure an appearance for trial, in connection with the issuance of a citation. (7) "Compact manual" means the procedures, forms, and information adopted by rule by a boating authority. (8) "Conviction" means an adjudication of guilt or a plea of guilty or nolo contendere to the commission of an offense related to the operation of vessels which is prohibited by the law, regulation, ordinance, or administrative rule of any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico; a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense; or the imposition of a deferred or suspended sentence by a court, magistrate, or tribunal. (9) "Home state" means the state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, that is the primary residence of a person. (10) "Issuing state" means a party state which issues a citation. (11) "License" means privilege to operate, permit, registration, certificate of operation, or other public document or privilege that conveys to or allows a person to operate by law, regulation, ordinance, or administrative rule of a party state. (12) "Officer" means individuals authorized by a party state to issue a citation for a boating violation.

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(13) "Operate" means navigating or otherwise using a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery. (14) "Party state" means any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, which enacts legislation to become a member of the Interstate Boating Violator Compact. (15) "Personal recognizance" means an agreement by a person made at the time of issuance of a citation that the person will comply with the conditions and options expressly stated in such citation. (16) "Suspension" means any revocation, denial, or withdrawal of any license. (17) "Vessel" means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on the water and specifically includes, but is not limited to, inflatable rafts and homemade watercraft.

ARTICLE III. FINDINGS, DECLARATION OF POLICY, AND PURPOSE

(a) Party states find that: (1) Boating activities are managed for the benefit of all residents and visitors; (2) The benefits of boating activities can be materially affected by the degree that a citation is answered, through appearance at a court, magistrate, or tribunal and the payment of fines, costs, and surcharges, if any; (3) The management of boating activities contributes immeasurably to the aesthetic, recreational, and economic aspects of party states; (4) Boating activities are valuable without regard to political boundaries. Therefore, all persons should be required to comply with boating laws of party states as a condition precedent to the privilege to operate; (5) Violation of boating laws interferes with the management of boating activities and may endanger the safety of persons and property; (6) The mobility of people who violate boating laws necessitates the maintenance of channels of communication among party states; (7) In most instances, when an issuing state is a location other than a home state, a person: (A) Must post collateral or bond; (B) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or (C) Is taken directly to a court, magistrate, or tribunal for an immediate appearance; (8) The purpose of the enforcement practices described in paragraph (7) of this subsection is to ensure that a citation is answered, through appearance at a court, magistrate, or tribunal and the payment of fines, costs, and surcharges, if any, by the person who, if permitted to continue on his or her way after receiving the citation, could

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return to his or her home state and disregard his or her duty under the conditions and options expressly stated in the citation; (9) In most instances, a person receiving a citation in his or her home state is permitted to accept such situation from the officer at the scene and to immediately continue on the person's way after agreeing or being instructed to comply with the conditions and options expressly stated in the citation; (10) The practice described in paragraph (7) of this subsection causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral or bond, stand trial, or pay the fine and thus is compelled to remain in custody until some alternative arrangement can be made; and (11) The enforcement practices described in paragraph (7) of this subsection consume an undue amount of law enforcement time. (b) It is the policy of party states to: (1) Promote adherence to boating laws and have a citation answered through a court, magistrate, or tribunal appearance and the payment of fines, costs, and surcharges, if any; (2) Recognize that any revocation, denial, or withdrawal of any license by a party state should be treated the same in all states, territories, and possessions of the United States, including the District of Columbia and the Commonwealth of Puerto Rico; (3) Allow violators to accept a citation, except as provided in subsection (b) of Article IV of this compact, and proceed on the violator's way without delay whether or not the violator is a resident where the citation was issued, provided that the home state of the violator is a party state; (4) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against a person whose home state was not the issuing state; (5) Allow a home state to recognize and treat convictions recorded for its residents which occurred in a party state as if they had occurred in the home state; (6) Extend cooperation to its fullest extent among party states for having citations which are issued in a party state answered through court, magistrate, or tribunal appearances and the payment of fines, costs, and surcharges, if any; (7) Maximize effective use of law enforcement personnel and information; and (8) Assist court systems in the efficient disposition of boating violations. (c) The purposes of this compact are to: (1) Provide a means through which party states may participate in a reciprocal program to effectuate policies enumerated in subsection (b) of this article in a uniform and orderly manner; and (2) Provide for the fair and impartial treatment of a person issued a citation within a party state in recognition of such person's right of due process and the sovereign status of such party state.

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ARTICLE IV. PROCEDURES FOR ISSUING STATE

(a) A citation shall be issued in the same manner as if the person receiving such citation was a resident of the issuing state and shall not require the person to post collateral, subject to the exceptions contained in subsection (b) of this article, if the officer receives the person's personal recognizance. (b) Personal recognizance is acceptable if:
(1) It is not prohibited by local law or the compact manual; and (2) The violator provides adequate proof of his or her identification to the officer. (c) Upon conviction or failure of a person to comply with the conditions and options expressly stated in a citation, the appropriate official shall report the conviction or failure to comply to the boating authority of the party state in which the citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual as minimum requirements for effective processing by the home state. (d) Upon receipt of the report of conviction or failure to comply as required by subsection (c) of this article, the boating authority of the issuing state shall transmit to the boating authority of the home state the information in a form and content as contained in the compact manual.

ARTICLE V. PROCEDURES FOR HOME STATE

(a) Upon receipt of a report of failure to comply with the conditions and options expressly stated in a citation from the boating authority of the issuing state, the boating authority of the home state shall notify the violator, shall initiate a suspension in accordance with the home state's suspension procedures, and shall suspend the violator's license until satisfactory evidence of compliance with the conditions and options expressly stated in such citation has been furnished by the issuing state to the boating authority of the home state. Due process safeguards shall be accorded. (b) Upon receipt of a report of conviction from the boating authority of the issuing state, the boating authority of the home state shall enter the conviction in its records and shall treat the conviction as if it occurred in the home state for the purposes of a suspension. (c) The boating authority of a home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual.

ARTICLE VI. RECIPROCAL RECOGNITION OF SUSPENSION

(a) A party state shall recognize a suspension of any person by any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, as if the violation on which the suspension is based occurred in such party state and could have been the basis for suspension in such party state.

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(b) Each party state shall communicate suspension information to other party states in a form and content as contained in the compact manual.

ARTICLE VII. APPLICABILITY OF OTHER LAWS

Except as expressly required by provisions of this compact, nothing in this compact shall be construed to affect the right of a party state to apply any of its boating laws to a person or circumstance or to invalidate or prevent any agreement or other cooperative arrangements between a party state and any other state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, concerning boating law enforcement.

ARTICLE VIII. COMPACT ADMINISTRATOR PROCEDURES

(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of boating compact administrators is established. The board of boating compact administrators shall be composed of one representative from each party state to be known as the boating compact administrator. The boating compact administrator shall be appointed by the head of the boating authority and shall serve and be subject to removal in accordance with the laws of the state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, the boating compact administrator represents. A boating compact administrator may provide for the discharge of his or her duties and the performance of his or her functions as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of the alternate's identity has been given to the board of boating compact administrators. (b) Each boating compact administrator is entitled to one vote. No action of the board of boating compact administrators is binding unless taken at a meeting at which a majority of the total number of votes on such board is cast in favor thereof. Action by the board of boating compact administrators shall be only at a meeting at which a majority of party states are represented. (c) The board of boating compact administrators shall elect annually, from its membership, a chairperson and vice chairperson. (d) The board of boating compact administrators shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of any party state, for the conduct of its business and shall have the power to amend and rescind its bylaws. (e) The board of boating compact administrators may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto

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Rico, the United States, or any governmental agency and may receive, utilize, and dispose of the same. (f) The board of boating compact administrators may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or private nonprofit organization or institution. (g) The board of boating compact administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to the action of the board of boating compact administrators shall be contained in the compact manual.

ARTICLE IX. ENTRY INTO COMPACT AND WITHDRAWAL

(a) This compact shall become effective when it has been adopted by at least two states, territories, or possessions of the United States, including the District of Columbia and the Commonwealth of Puerto Rico.
(b)(1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, and submitted to the chairperson of the board of boating compact administrators. (2) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:
(A) The authority by which the state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, is empowered to become a member of this compact; (B) Agreement to comply with the terms and provisions of this compact; and (C) That compact entry is with party states. (3) The effective date of becoming a member of this compact shall be specified by the applying state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, but shall not be less than 60 days after notice has been given by the chairperson of the board of boating compact administrators or by the secretary of such board to the party states that the resolution from the applying state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, has been received. (c) Party states may withdraw from this compact by official written notice to party states, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the boating compact administrator of each party state. No withdrawal shall affect the validity of this compact as to the party states.

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ARTICLE X. AMENDMENTS TO THE COMPACT

(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of boating compact administrators and may be initiated by party states. (b) Adoption of an amendment shall require endorsement by all party states and shall become effective after this compact has been amended by law by a party state.

ARTICLE XI. CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes stated in it. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of a party state or the United States Constitution or the applicability of this compact to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected by it. If this compact is held contrary to the constitution of a party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.'

52-7-31. (a) The commissioner of natural resources shall appoint an Interstate Boating Violator Compact administrator for this state. Such administrator shall serve at the pleasure of the commissioner. (b) The department may suspend the operating privileges of any person to operate a vessel upon the waters of this state as provided for in Code Section 52-7-12.7 to the extent that such person's privileges to operate a vessel upon the waters of a state have been suspended when such state is a party state, as such term is defined in Code Section 52-7-30. (c) The Board of Natural Resources shall make and publish such rules and regulations, including the creation of the compact manual, not inconsistent with law, as it deems necessary to carry out the purposes of this article."

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

Approved April 23, 2014.

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REVENUE AND TAXATION REMOVE SUNSET ON EXEMPTION FOR SALE OR USE OF CERTAIN PROPERTY USED IN MAINTENANCE OR REPAIR OF CERTAIN AIRCRAFT; PROVIDE EXEMPTION FOR CIVIL RIGHTS MUSEUM.

No. 606 (House Bill No. 933).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to remove the sunset for the exemption regarding the sale or use of certain property used in the maintenance or repair of certain aircraft; to provide for an exemption for a civil rights museum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by revising paragraphs (86) and (88) as follows:
"(86) The sale or use of engines, parts, equipment, and other tangible personal property used in the maintenance or repair of aircraft when such engines, parts, equipment, and other tangible personal property are installed on such aircraft that is being repaired or maintained in this state, so long as such aircraft is not registered in this state;"
"(88)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2009, until July 30, 2015, sales of tangible personal property to, or used in or for the new construction of, a civil rights museum. (B) As used in this paragraph, the term 'civil rights museum' means a museum which is constructed after July 1, 2009; is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; has more than 40,000 square feet of space; and has associated facilities, including, but not limited to, special event space and retail space. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax.

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(D) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the museum is opened to the public;"

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

Approved April 24, 2014.

__________

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY COMPREHENSIVE REVISIONS.

No. 607 (House Bill No. 264).

AN ACT

To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to revise such Act; to reconstitute the board of directors; to provide for staggered terms for board members; to provide for a limit on re-appointment of board members; to provide for a designee by the chairperson; to provide for a method for nonparticipating counties to join the Authority; to require board approval of certain payments and award of certain contracts; to remove restrictions on the operation of private enterprises; to remove restrictions on fares, rates, and rental charges for charter, group, and party bus services; to revise the procedure for the issuance of bonds; to revise what entities may exercise eminent domain on behalf of the Authority; to revise the amount of certain payments and contract amounts requiring board approval; to revise requirements for annual reporting; to provide for civil penalties to be set by the board for violation of rules and regulations of conduct; to revise procedures for the collective bargaining process; to provide for a suspension of restrictions on the use of sales and use tax proceeds; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by revising Section 6 as follows:

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"(a) On and after January 1, 2017, the Board of Directors of the Authority shall be reconstituted and composed of 11 voting members and two nonvoting members. Three members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; four members shall be residents of DeKalb County with three of the four appointees to be appointed by the Board of Commissioners of DeKalb County and at least one of such appointees shall be a resident of that portion of DeKalb County lying south of the southernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of DeKalb County lying north of the southernmost corporate boundaries of the City of Decatur and the fourth appointee to be appointed by a majority vote of a caucus of mayors of the municipalities located wholly in DeKalb County; three members shall be residents of Fulton County and one of such members shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta to be appointed by a majority vote of the Fulton County Board of Commissioners, and two of such members shall be residents of that portion of Fulton County lying north of the corporate limits of the City of Atlanta to be appointed by a majority vote of a caucus of mayors of the municipalities of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Fulton or DeKalb County to be appointed by the Governor; one nonvoting member shall be the Commissioner of the Department of Transportation; and one nonvoting member shall be the Executive Director of the Georgia Regional Transportation Authority. Those board members appointed by a local governing authority, caucus, or the Governor as described in this section in office as of January 1, 2017, shall serve initial terms of office as follows: two of the three appointees of the DeKalb County Board of Commissioners, two of the three appointees of the Mayor and City Council of Atlanta, and one of the two appointees of the caucus of mayors from municipalities lying north of the corporate limits of the City of Atlanta shall serve a term of two years, and the remaining appointees shall serve for terms of four years. No later than December 1, 2016, all board members shall be appointed and each local governing authority or caucus shall designate which board members shall serve an initial term of two years. After the initial two-year terms of those five board members described in this subsection, that governing body or caucus which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing body or caucus makes its other appointments to the Board. Those board members in office on May 31, 2014, shall serve until December 31, 2016. The Executive Director of the Georgia Regional Transportation Authority and the Commissioner of the Department of Transportation shall become nonvoting members of the Board on the effective date of this sentence and shall serve while holding their State offices. Except as provided above, all appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by the appointing entity which made the original appointment to the vacant position, or its successor in office. A member of the Board may be appointed to succeed himself or herself for one four-year term; provided, however, that board

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membership prior to January 1, 2017, shall not be considered in calculating limits on length of service. Appointments to fill expiring terms shall be made by the appointing entity prior to the expiration of the term, but such appointments shall not be made more than thirty days prior to the expiration of the term. Members appointed to the Board shall serve for the terms of office specified in this section and until their respective successors are appointed and qualified. (b) The local governing bodies of Clayton, Cobb, and Gwinnett counties may, any other provision of this Act to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of their respective counties the question of approval of a rapid transit contract between the county submitting the question and the Authority, all in accordance with the provisions of Section 24 of this Act. The local governing bodies of these counties shall be authorized to execute such rapid transit contract prior to the holding of the referendum provided for in said Section 24; provided, however, that such rapid transit contract shall not become valid and binding unless the same is approved by a majority of those voting in said referendum, which approval shall also be deemed approval of further participation in the Authority. Upon approval of such rapid transit contract, the county entering into such contract shall be a participant in the Authority, and its rights and responsibilities shall, insofar as possible, be the same as if it had participated in the Authority from its beginning, and the local governing body of the county may then appoint two residents of the county to the Board of Directors of the Authority, to serve a term ending on the 31st day of December in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the Board of Directors of the Authority shall, subsection (a) of this Section 6 to the contrary notwithstanding, be composed of such additional members. (c) Reserved. (d) Except for the Executive Director of the Georgia Regional Transportation Authority and the Commissioner of the Department of Transportation, no person shall be appointed as a member of the Board who holds any other public office or public employment except an office in the reserves of the armed forces of the United States or the National Guard; any member who accepts or enters upon any other public office or public employment shall be disqualified thereby to serve as a member. (e) An appointing entity may remove any member of the Board appointed by it for cause. No member shall be thus removed unless he or she has been given a copy of the charges against him or her and an opportunity to be publicly heard in his or her own defense in person or by counsel with at least ten days' written notice to the member. A member thus removed from office shall have the right to a judicial review of the member's removal by an appeal to the superior court of the county where the member resides, but only on the ground of error of law or abuse of discretion. In case of abandonment of the member's office, conviction of a crime involving moral turpitude or a plea of nolo contendere thereto, removal from office, or disqualification under subsection (d) hereof, the office of a member shall be vacant upon the declaration of the Board. A member shall be deemed to have

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abandoned the member's office upon failure to attend any regular or special meeting of the Board for a period of four months without excuse approved by a resolution of the Board, or upon removal of the member's residence from the territory qualifying the member to serve on the Board. (f) Each appointed member of the Board, except the Chairperson, shall be paid by the Authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 of the Official Code of Georgia Annotated, as now in effect or as it may hereafter be amended, for each day on which that member attends an official meeting of the Board, of any committee of the Board, or of the Authority's Pension Committee or Board of Ethics; provided, however, that said per diem allowance shall not be paid to any such member for more than 130 days in any one calendar year. If the Chairperson of the Board is an appointed member of the Board, the Chairperson shall be paid by the Authority a per diem allowance in the same amount for each day in which the Chairperson engages in official business of the Authority, including but not limited to attendance of any of the aforesaid meetings. A member of the Board shall also be reimbursed for actual expenses incurred by that member in the performance of that member's duties as authorized by the Board. A Board member shall not be allowed employee benefits authorized under Section 8(b). (g) The Board shall elect one of its members as chairperson and another as vice-chairperson for terms to expire on December 31 of each year to preside at meetings and perform such other duties as the Board may prescribe. The presiding officer of the Board may continue to vote as any other member, notwithstanding the member's duties as presiding officer, if he or she so desires. The chairperson may select a designee from current members to act on behalf of the chairperson for official business of the authority. Such designee shall be paid by the authority a per diem allowance in the same amount for each day in which the designee engages in official business of the authority, including but not limited to attendance of any official meeting of the board, of any committee of the board, or of the authority's Pension Committee, Board of Ethics, or Arts Council, provided that said per diem allowance shall not be paid to such member for more than 130 days in a calendar year. The Board shall also elect from its membership a secretary and a treasurer who shall serve terms expiring on December 31 of each year. A member of the Board may hold only one office on the Board at any one time. (h) The Board shall hold at least one meeting each month. The Secretary of the Board shall give written notice to each member of the Board at least two days prior to any called meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for giving notice as above. A majority of the total voting membership of the Board, as it may exist at the time, shall constitute a quorum. On any question presented, the number of members present shall be recorded. By affirmative vote of a majority of the members present, the Board may exercise all the powers and perform all the duties of the Board, except as otherwise hereinafter provided or as limited by its bylaws, and no vacancy on the original membership of the Board, or

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thereafter, shall impair the power of the Board to act. All meetings of the Board, its Executive Committee, or any committee appointed by the Board shall be subject to Chapter 14 of Title 50 of the Official Code of Georgia Annotated. (i) Notwithstanding any other provisions of this Act, the following actions by the Board shall require the affirmative vote of one more than a majority of the total voting membership of the Board as it may exist at the time:
(1) The issuance and sale of revenue bonds as contemplated in Section 10 or equipment trust certificates as contemplated in Section 11. (2) The purchase or lease of any privately owned system of transportation of passengers for hire in its entirety, or any substantial part thereof, as contemplated in Section 8(c) or 8(d). Prior to the purchase or lease of any such privately owned system a public hearing pertaining thereto shall have been held and notice of such public hearing shall have been advertised as provided in Section 9(c) hereof. Provided that no sum shall be paid for such privately owned system of transportation in excess of the fair market value thereof determined by a minimum of two appraisers and approved by a majority of the local governments participating in the financing of such purchase. (3) The award of any contract involving $200,000.00 or more for construction, alterations, supplies, equipment, repairs, maintenance or services. Any contract involving $200,000.00 or more shall be awarded through a competitive bidding process as described in Section 14 of this Act. The Board by appropriate resolution may delegate to the general manager the general or specific authority to enter into contracts involving less than $200,000.00 if such contracts are entered into in accordance with Section 14 of this Act. (4) The grant of any concession as contemplated in Section 14(f). (5) The award of any contract for the management of any Authority-owned property or facility as contemplated in Section 14(h). (j) The Board shall appoint and employ, as needed, a general manager, and a general counsel, none of whom may be members of the Board or a relative of a member of the Board, and delegate to them such authority as it may deem appropriate. It may make such by-laws or rules and regulations as it may deem appropriate for its own government, not inconsistent with this Act, including the establishment of an Executive Committee to exercise such authority as its by-laws may prescribe. (k) The treasurer of the Authority and such other members of the Board and such other officers and employees of the Authority as the Board may determine shall execute corporate surety bonds, conditioned upon the faithful performance of their respective duties. A blanket form of surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure or closing of any depository which has been approved as a depository for public funds. (l) In addition to the requirements of subsection (h) of this section, each member of the Board shall hold a meeting once each 12 months with the local governing body which appointed such member. The Secretary of the Board shall give written notice to each

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member of the Board, to each local governing body, and to the governing authority of each

municipality in the county in which there is an existing or proposed rail line at least two

days prior to any meeting that may be scheduled, and said Secretary shall be informed of

the call of such meeting sufficiently in advance so as to provide for his giving such notice.

These meetings shall be for the purpose of reporting to the local governing bodies on the

operations of the Authority and on the activities of the Board and making such information

available to the general public. No activity which requires action by the Board shall be

initiated or undertaken at any meeting conducted under this subsection.

"

SECTION 2.
Said Act is further amended by revising subsection (p) of Section 8 as follows: "(p) Reserved."

SECTION 3. Said Act is further amended by revising subsections (c), (e), (f), and (h) of Section 9 as follows:
"(c) The Board shall determine by majority vote after public hearings as hereinafter provided, the routes, types of construction, equipment, and facilities to be operated by the Authority, the scheduled services to be made available to the public and the amounts to be charged therefor. Before making any determinations as to scheduled services or amounts to be charged for such services the Board shall first hold at least one public hearing after giving notice of the time and place by twice advertising on different days in the newspaper having the largest circulation in the metropolitan area not more than ten days nor less than five days prior to the hearing. As to all other matters, the Board may hold such public hearings as it may deem appropriate, and as to all public hearings, it may prescribe reasonable rules and regulations to govern such hearings not inconsistent with this Act." "(e) Reserved. (f) Reserved."
"(h)(1) Notwithstanding any other provisions of this Act to the contrary, not later than 120 days after the end of each fiscal year of the Authority, the Board shall adjust the amounts to be charged for transportation services to the public so that the total funds to be received from transit operating revenue during the fiscal year of the Authority ending June 30, 1980, shall be no less than thirty percent of the operating costs of the system for the immediately preceding fiscal year, and so that the total funds to be received from transit operating revenue during the fiscal year ending June 30, 1981, and for each fiscal year thereafter shall be no less than thirty-five percent of the operating costs of the system for the immediately preceding fiscal year. In making such adjustments, the Board shall be authorized to rely upon estimates of all revenue, patronage, and other factors which may affect the amounts to be charged for transportation services to the public; provided, if such amounts actually charged during one fiscal year resulted in transit operating revenue less than that required under this subsection, the amounts to be charged the

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immediately succeeding fiscal year shall be sufficient, along with all other transit operating revenue, to make up such deficit as well as meet the other requirements of this subsection. (2) Reserved. (3) Nothing in this subsection (h) shall be construed to change any limitation relating to the subsidy of operating costs of the system under subsection (I) of Section 25 of this Act if such limitation would require increasing transit operating revenue above the amount provided in this subsection. (4) For purposes of this subsection, 'transit operating revenue' shall include all revenue from fares, rates, and charges for transportation services and revenues from all other sources except the sales and use taxes levied pursuant to Section 25 of this Act; and 'operating costs' means 'operating costs of the system,' as defined in subsection (I) of Section 25 of this Act, and exclusive of depreciation and amortization and other costs and charges as provided in the said definition."

SECTION 4. Said Act is further amended by revising subsection (h) of Section 10 as follows:
"(h) Bonds of the Authority may be sold by public competitive bidding or through negotiation with a prospective purchaser or purchasers. If, with respect to the sale of any particular issue of bonds, public competitive bidding is contemplated, the advertising of the notice of sale and invitation to bid with respect thereto shall be advertised as is customarily done in the handling of governmental bond issues and Section 14(b) as to these matters shall not apply. The Authority may negotiate the sale of its bonds to the Federal Government."

SECTION 5. Said Act is further amended by revising Section 12 as follows:
"The Authority shall have no power of eminent domain, but the broadest power of eminent domain shall be available to any city or county government within the territorial jurisdiction of the Authority or any agency or joint agency thereof, under any statute, to convey to the Authority any property upon payment or credit for the total cost of any acquisition hereunder. For purposes of this section, the power of eminent domain shall lie in a city governing body if the property is located within that city's territorial limits and the power of eminent domain shall lie in a county governing body if the property is located in an unincorporated location within the county. However, no local governing body shall exercise any power of eminent domain hereunder with respect to property located beyond its territorial limits."

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SECTION 6. Said Act is further amended by revising subsections (b) through (d) of Section 14 as follows:
"(b) All such acquisitions, dispositions and contracts involving $200,000.00 or more shall be awarded only after advertising in the local newspaper of the largest circulation in the metropolitan area at least once a week in the two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, a memorandum shall be kept on file showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. Prior to the award of a contract which will call for an anticipated aggregate payment of $200,000.00 or more to the successful bidder, the Authority shall make an accurate and brief summary thereof available to the public in its principal office and shall post notice of its intention to award such contract to the successful bidder at least five days prior to such award in a prominent location on the Authority's website. Such posting shall state the name of the successful bidder, the amount of the contract and its subject matter. This provision shall apply to contracts entered into thirty days or more after the effective date of this Act. (c) Except as otherwise provided in this Section, written price quotations from at least three qualified and responsible vendors, or vendees as the case may be, shall be obtained for all acquisitions, dispositions and contracts involving $200,000.00 or more, or, in lieu thereof, a memorandum approved by the Board shall be kept on file showing that less than three vendors or vendees, as the case may be, so qualified exist in the market area within which it is practicable to obtain quotations. Acquisitions shall be made from, and contracts awarded to, the lowest responsible quotation, and dispositions of property shall be made to the highest responsible quotation. (d) Acquisitions, dispositions and contracts involving less than $200,000.00 may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the Board."

SECTION 7. Said Act is further amended by revising Section 14A as follows:
"The Authority shall have available at its principal office for public inspection at all times during regular business hours of the Authority an accurate and brief summary disclosing all material terms of each contract which the Authority has entered into and the terms of which call for expenditures by the Authority of more than $150,000. The Authority shall prepare an annual report for the period ending June 30 of each year. Each annual report shall include a statement of the tax revenue and operating revenue received during the period, a statement of the total expenditures made during the period and a list of all written contracts entered into by the Authority during the period which call for the Authority to expend at any time in the aggregate more than $20,000.00. Such list shall also include any employment or consultant contracts (whether or not written) under which the employee or

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consultant is to be compensated at an annual rate of more than $20,000, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable hereunder, shall have his compensation increased at any time, the amount of such increase and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder, or the formula for determining such amount. The Authority shall also prepare a list of the names of each person, firm or corporation which has received from the Authority during such period in excess of $20,000, as well as the amount paid to such person, firm or corporation during such period. The annual report, together with the Comprehensive Annual Financial Report for the preceding calendar year, and lists required by this Section shall be filed as a statement, verified by the Chairman of the Board of the Authority and its General Manager, with members of the Metropolitan Atlanta Rapid Transit Authority Overview Committee, the Governor, the presiding officers of the House of Representatives and the Senate, the State Auditor and with governing authorities of each county and the largest municipality in the area of the Authority's operation. The annual report and lists required by this Section shall be submitted by August 31 of each year, shall be made available at the Authority's principal office for public inspection at all times during regular business hours of the Authority following such filing, and shall be posted in a prominent location on the Authority's website within two weeks of submittal of the report to the parties enumerated in this Section. Such report shall display employee identification numbers and job titles, and no names or social security numbers of employees shall be displayed."

SECTION 8. Said Act is further amended by revising subsection (a) of Section 16 as follows:
"(a) The Board shall make provision for a system of financial accounting and controls, audits and reports. All accounting systems and records, auditing procedures and standards, and financial reporting shall conform to generally accepted principles of governmental accounting. Copies of each financial report required under this Section shall be delivered to the members of the Metropolitan Atlanta Rapid Transit Authority Overview Committee and posted on the website of the Authority. Notice of such publication shall be delivered in electronic format to each local governing body of each participating local government in the metropolitan area as described in Section 6 of this Act. All financial records, reports and documents of the Authority shall be public records and open to public inspection under reasonable regulations prescribed by the Board."

SECTION 9. Said Act is further amended by revising subsections (e) and (g) of Section 17 as follows:
"(e) Not later than December 31, 2016, and every four years thereafter, the Authority shall cause to be performed an independent management audit on the condition of management of the Authority, to be supervised and approved by the Metropolitan Atlanta Rapid Transit Overview Committee.The management audit shall be submitted to the Board of the

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Authority, the Governor, the State Auditor, and the Metropolitan Atlanta Rapid Transit Overview Committee before December 31 of each year in which it is required. The management audit shall be performed at the expense of the Authority." "(g) The Authority shall submit to the Metropolitan Atlanta Rapid Transit Overview Committee, the presiding officers of the House and Senate, and the Governor an annual report which report shall indicate consultant expenses, other professional services, salaries and expenses of full-time and part-time employees and Board members, and payments rendered to outside companies, agencies, or entities by the Authority for any and all goods, services, and projects. Said report shall be submitted by August 31 of each year and shall include, along with the requirements specified in Section 14A of this Act, the name of the payee, the date of payment, the payment amount, and the purpose of each payment. If such payment was made pursuant to a contract, the date on which the contract was awarded, the length of the contract term, the award amount of the contract, the cumulative payments that have been made toward the contract, including the listed payment, and any related contract or project identification number shall be included in the report alongside the name of the payee, the date of payment, the payment amount, and the purpose of each payment. In addition to a printed copy to be provided to the parties enumerated in this subsection, said report shall be posted in a prominent location on the Authority's website within two weeks of submittal of the report to the parties enumerated in this subsection. The report posted on the Authority's website shall show employee identification numbers and job titles instead of the names of the employees. The employee's social security number shall not be used as the employee's identification number."

SECTION 10. Said Act is further amended by revising subsections (a) and (b) of Section 20 as follows:
"(a) The Board may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its operations, properties, employees and patrons. Violations of rules and regulations governing the conduct of the public in or upon the Authority's transportation system shall be punishable by a civil fine or penalty in an amount set by the Board. All rules and regulations governing the conduct of the public in or upon the Authority's transportation system and the civil fine or penalty for infraction of such rules and regulations shall be posted in a prominent location on the Authority's website.
(b)(1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for collective bargaining, in accordance with this subsection, with such authorized representatives. (2) As used in this subsection, the following terms shall have the following meanings:
(A) 'Authorized representative' means the collective bargaining agent for a class of employees, recognized for such purposes by the Board. (B) 'Collective bargaining' or 'collectively bargain' means performing the mutual obligation of the Authority and the authorized representatives of represented employees to negotiate, in good faith and to impasse, if necessary, over wages, hours, and other

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terms and conditions of employment with the bona fide intention of reaching a negotiated agreement. (C) 'Grievance arbitration' means arbitration of a dispute between the Authority and the authorized representative, acting on behalf of a represented employee, which involves the interpretation of an existing labor agreement and the application of the terms and conditions of that labor agreement to the claims of one or more employees. (D) 'Labor agreement' means an agreement, including any agreement respecting pension or retirement benefits for represented employees, between the Authority and the authorized representative, entered into in accordance with this subsection, which establishes the wages, hours, and other terms and condition of employment for represented employees of the Authority. (E) 'Represented employee' means an employee of the Authority who is a member of a class of employees for which the Board has recognized an authorized representative. (3) Every labor agreement entered into by the Authority shall provide for grievance arbitration and shall specify the procedure therefor. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of an existing labor agreement. (4) Upon or prior to the expiration of an existing labor agreement, the Authority and the authorized representative shall collectively bargain in an effort to reach a successor or replacement labor agreement. If, after expiration of an existing labor agreement, the Authority and the authorized representative are then unable to agree upon the terms and conditions of a new labor agreement, including but not limited to the issue of wages, they shall jointly select or, failing their agreement, upon the written petition of either or both parties, the Governor shall appoint within 30 days after the receipt of said petition a neutral fact finder to investigate and explore all unresolved collective bargaining issues and to render a report to the Authority, the authorized representative, and the public. The neutral fact finder shall conduct such hearings as may be necessary to provide for the full and fair presentation of all unresolved collective bargaining issues by both parties. That fact finder shall be authorized to sign and issue subpoenas for witnesses or documents, to administer oaths, to take oral or written testimony and to take such other actions as may be needed to make comprehensive findings of fact and recommendations. When a subpoena is disobeyed, any party may apply to the Superior Court of Fulton County for an order requiring obedience. Failure to comply with that order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed in the same manner as prescribed by law in civil cases in the superior court. (5) The fact finder's report shall recommend as to all unresolved collective bargaining issues, including appropriate wages, hours and other terms and conditions of employment for represented employees, and shall set forth supporting factual findings, determined after due consideration of the factors set forth in subparagraphs (A) through (E) of paragraph (8) of this subsection, and shall contain a summary of the findings. The report

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of the fact finder shall be issued within 30 days after the fact finder is selected or appointed. Upon issuance, the report shall be distributed by the Authority to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. The fact finder shall cause the summary of findings to be published once in the newspaper having the largest circulation in the metropolitan area. The fact finder shall be compensated in the same manner as a special master pursuant to Code Section 22-2-106 of the O.C.G.A., and the costs thereof and any other costs of the proceeding shall be borne equally by the parties. After selection or appointment of a fact finder pursuant to this paragraph, the parties may continue to collectively bargain on any issues, including but not limited to those submitted for fact-finding purposes. (6) Upon issuance of the fact finder's report, the Authority and the authorized representative shall continue to collectively bargain in light of the recommendations set forth in such report. If either party rejects any or all of the fact finder's recommendations and the parties are otherwise unable, through collective bargaining, to reach agreement on such issue or issues, then each party rejecting any of the fact finder's recommendations shall prepare a written statement setting forth the specific recommendations which such party has rejected, the party's counterproposal on the issue or issues, and the reasons for rejecting the fact finder's recommendations. Prior to commencement of any proceeding for interest arbitration, as provided in paragraph (7) of this subsection, each party required under this paragraph to prepare that statement shall cause it to be published in the local newspaper having the largest circulation in the metropolitan area and shall concurrently distribute that statement to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. (7) If, within the 30 days following issuance of the fact finder's report, the Authority and the authorized representative are unable to conclude a new labor agreement, either party may then seek a judicial determination of any unresolved issues between the parties. Such an action may be instituted by the filing of a petition for a judicial determination. In even-numbered years, the petition shall be filed in the Superior Court of Fulton County and directed to the judge with the greatest length of service in that court. In odd-numbered years, the petition shall be filed in the Superior Court of DeKalb County and directed to the judge with the greatest length of service in that court. The judge, without a jury, shall decide upon the issues within 90 days of filing such petition. The decision of the judge shall be binding upon the Authority and the authorized representative, and there shall be no appeal of such decision. The judge may require the Authority and the authorized representative to provide such information as the judge determines to be necessary in resolving the issues submitted. In the event any unresolved collective bargaining issue, including but not limited to wage rates for represented employees, is not submitted for judicial determination, the parties shall continue the collective bargaining process with respect to such issues in a good faith effort to reach

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agreement on such issues or to agree upon the terms and conditions of a stipulation or submission agreement to be submitted for judicial determination as provided for in this paragraph.
(8)(A) In any judicial determination under this subsection, the judge shall be bound by any written stipulation or submission agreement between the Authority and the authorized representative concerning such determination. In determining any issue, the judge shall give primary consideration to the report of the neutral fact finder and to the following factors:
(i) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, including the budget for the current year, the projected budget for the subsequent ten years, and the need to maintain adequate reserves, while adhering to all legal requirements governing the Authority's expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; and (ii) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase or improvement in fringe benefits or extension of vacation, holiday, or excused time and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area. (B) The judge shall also give secondary consideration to the following factors: (i) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday and excused time allowances of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (ii) A comparison of the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; and (iii) The cost of consumer goods and services within the metropolitan area. (9) No employee of the Authority shall engage in any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not unilaterally increase, decrease, or otherwise change the wages, including accrued cost of living allowances, or fringe benefits of represented employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or judicial determination. (10) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right

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to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees."

SECTION 11. Said Act is further amended by revising subsection (b) of Section 21 as follows:
"(b) The Authority shall also be exempt from any regulation by the Public Service Commission of this State, except that when any proposed action of the Authority, or any local government on behalf of the Authority, may place a public utility, railroad or public service corporation in violation of the requirements of the Commission, or create the need for collaboration with respect to compliance with the requirements of the Commission, the Authority shall obtain the Commission's cooperation and approval of the proposed action. In such matters and particularly with respect to the matters contemplated in Section 8(j), the Commission shall cooperate with the Authority to accomplish the purposes and policies of this Act."

SECTION 12. Said Act is further amended by revising subsection (i) of Section 25 as follows:
"(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until December 31, 2008, no more than fifty-five percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for the period beginning January 1, 2009, and ending June 30, 2009, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. Such restrictions on the use of annual proceeds from local sales and use taxes shall be suspended through June 30, 2017. If the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee annually the original and 14 copies of a report of the findings of a completed management performance audit of the Authority's current operations that was performed under contract with and at the expense of the Authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary,

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then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(I) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs:
(1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that

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any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2008, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection."

SECTION 13. This Act shall become effective on June 1, 2014, except for Section 10 of this Act, which shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 24, 2014.

HIGHWAYS, BRIDGES, AND FERRIES REVENUE AND TAXATION SUSPENSION OF RESTRICTIONS ON USE OF SALES AND USE TAXES BY PUBLIC TRANSIT AUTHORITIES; EXTEND APPLICABILITY OF EXEMPTION FROM SALES TAX CAP FOR CERTAIN COUNTIES.
No. 608 (House Bill No. 265).
AN ACT
To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxes in general, so as to extend the date for the applicability

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of an exemption to the local sales and use tax cap for a county that levied a tax for the purposes of a metropolitan area system of public transportation; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by repealing in their entirety Code Sections 32-9-13 and 32-9-14, relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities and the board of directors of the Metropolitan Atlanta Rapid Transit Authority, respectively.

SECTION 2. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxes in general, is amended by revising subsection (a) of Code Section 48-8-6, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, as follows:
"(a) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply:
(A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85

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million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200. The exception provided for under this subparagraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; or (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010, and before November 1, 2016. Such tax shall not apply to the following:
(i) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or another appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year; and (ii) The sale of motor vehicles; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; (4) A sales and use tax levied under Article 4 of this chapter; and (5) A sales and use tax levied under Article 5 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed."

SECTION 3. This Act shall become effective on June 1, 2014, only if an Act providing for the suspension of restrictions on the use of annual proceeds from sales and use taxes by the Metropolitan Atlanta Rapid Transit Authority and reconstituting the board of directors of the Metropolitan Atlanta Rapid Transit Authority is enacted at the 2014 regular session of the General Assembly. Otherwise, all provisions of this Act shall not become effective and shall stand repealed on June 1, 2014.

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

Approved April 24, 2014.

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FIRE PROTECTION DESIGN LOCATE REQUESTS.

No. 610 (Senate Bill No. 117).

AN ACT

To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near utility facilities, so as to revise and add definitions; to provide for responses by facility owners and operators regarding design locate requests; to clarify the effect of a design locate request; to require that the time frame for the requested excavation be defined in a locate request; to provide that white lining shall not obstruct certain signage and markings; to limit the expansion of tracts for blasting or excavation; to revise the time frame for acting on locate requests; to provide for strict liability for certain costs by facility owners and operators under certain circumstances; to provide for the promulgation of certain rules by the Public Service Commission; to provide for the use of reasonable care by excavators to protect utilities in tolerance zones; to provide for direction with regard to certain enforcement actions; to change the composition of the advisory committee and provide for an attendance policy at its meetings; 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 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near utility facilities, is amended by revising Code Section 25-9-3, relating to definitions, as follows:
"25-9-3. As used in this chapter, the term:
(1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001. (2) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent. (3) 'Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday.

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(4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days. (5) 'Commission' means the Public Service Commission. (6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (7) 'Damage' means any impact or exposure that results in the need to repair a utility facility or sewer lateral due to the weakening or the partial or complete destruction of the facility or sewer lateral including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, sewer lateral, or facility. (8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request shall not be used for excavation purposes. (9) 'Designate' means to stake or mark on the surface of the tract or parcel of land the location of a utility facility or sewer lateral. (10) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action. (11) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation. (12) 'Excavating' means any operation using mechanized equipment or explosives to move earth, rock, or other material below existing grade. This includes but is not limited to augering, blasting, boring, digging, ditching, dredging, drilling, driving-in, grading, plowing-in, ripping, scraping, trenching, and tunneling. 'Excavating' shall not include pavement milling or pavement repair that does not exceed the depth of the existing pavement or 12 inches, whichever is less. The term shall not include routine road or railroad maintenance activities carried out by road maintenance or railroad employees or contractors, provided that such activities occur entirely within the right of way of a public road, street, railroad, or highway of the state; are carried out with reasonable care so as to protect any utility facilities and sewer laterals placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, railroad, or highway, and do not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing guard rails and sign posts, replace such guard rails and sign posts in their previous locations and at their previous depth. 'Excavating' shall not include farming activities. (13) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section.

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(14) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God. (15) 'Facility owner or operator' means any person or entity with the sole exception of a homeowner who owns, operates, or controls the operation of a utility facility. (16) 'Farming activities' means the tilling of the fields related to agricultural activities but does not include other types of mechanized excavating on a farm. (17) 'Horizontal directional drilling' or 'HDD' means a type of trenchless excavation that uses guidable boring equipment to excavate in an essentially horizontal plane without disturbing or with minimal disturbance to the ground surface. (18) 'Large project' means an excavation that involves more work to locate utility facilities than can reasonably be completed within the requirements of subsection (a) of Code Section 25-9-7. (19) 'Local governing authority' means a county, municipality, or local authority created by or pursuant to general, local, or special Act of the General Assembly, or by the Constitution of the State of Georgia. The term also includes any local authority that is created or activated by an appropriate ordinance or resolution of the governing body of a county or municipality individually or jointly with other political subdivisions of this state. (20) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for designating utility facilities, sewer laterals, or both is processed. (21) 'Locator' means a person who is acting on behalf of facility owners and operators in designating the location of the utility facilities and sewer laterals of such owners and operators. (22) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating. (23) 'Milling' means the process of grinding asphaltic concrete. (24) 'Minimally intrusive excavation methods' means methods of excavation that minimize the potential for damage to utility facilities and sewer laterals. Examples include, but are not limited to, air entrainment/vacuum extraction systems and water jet/vacuum excavation systems operated by qualified personnel and careful hand tool usage and other methods as determined by the Public Service Commission. The term does not include the use of trenchless excavation. (25) 'Permanent marker' means a visible indication of the approximate location of a utility facility or sewer lateral that can reasonably be expected to remain in position for the life of the facility. The term includes, but is not limited to, sewer cleanouts; water meter boxes; and etching, cutting, or attaching medallions or other industry accepted surface markers to curbing, pavement, or other similar visible fixed surfaces. All

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permanent markers other than sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establish the exact location of the facility must be placed accurately in accordance with Code Section 25-9-9 and be located within the public right of way. Sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establishes the exact location of the facility must be located within ten feet of the public right of way to be considered a permanent marker. (26) 'Person' means an individual, firm, joint venture, partnership, association, local governing authority, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof. (27) 'Positive response information system' or 'PRIS' means the automated information system operated and maintained by the utilities protection center at its location that allows excavators, locators, facility owners or operators, and other affected parties to determine the status of a locate request or design locate request. (28) 'Routine road maintenance' means work that is planned and performed on a routine basis to maintain and preserve the condition of the public road system and includes routine road surface scraping, mowing grass, animal removal, cleaning of inlets and culverts, trash removal, striping and striping removal, and cutting of trees; however, stump removal shall be considered excavation. (29) 'Service area' means a contiguous area or territory which encompasses the distribution system or network of utility facilities by means of which a facility owner or operator provides utility service. (30) 'Sewer lateral' means an individual customer service line which transports waste water from one or more building units to a utility owned sewer facility. (31) 'Sewer system owner or operator' means the owner or operator of a sewer system. Sewer systems shall be considered to extend to the connection to the customer's facilities. (32) 'Traffic control devices' means all roadway or railroad signs, sign structures, or signals and all associated infrastructure on which the public relies for informational, regulatory, or warning messages concerning the public or railroad rights of way. (33) 'Traffic management system' means a network of traffic control devices, monitoring sensors, and personnel, with all associated communications and power services, including all system control and management centers. (34) 'Tolerance zone' means the width of the utility facility or sewer lateral plus 18 inches on either side of the outside edge of the utility facility or sewer lateral on a horizontal plane. (35) 'Trenchless excavation' means a method of excavation that uses boring equipment to excavate with minimal or no disturbance to the ground surface and includes horizontal directional drilling. (36) 'Unlocatable facility' means an underground facility that cannot be marked with reasonable accuracy using generally accepted techniques or equipment commonly used to designate utility facilities and sewer laterals. This term includes, but is not limited to,

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nonconductive utility facilities and sewer laterals and nonmetallic underground facilities that have no trace wires or records that indicate a specific location. (37) 'Utilities protection center' or 'UPC' means the corporation or other organization formed by facility owners or operators to provide a joint notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members. (38) 'Utility facility' means an underground or submerged conductor, pipe, or structure used or installed for use in providing electric or communications service or in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, or water or other liquids. All utility facilities shall be considered to extend up to the connection to the customer's facilities. The term does not include traffic control devices, traffic management systems, or sewer laterals. (39) 'White lining' means marking the route of the excavation either electronically or with white paint, flags, stakes, or a combination of such methods to outline the dig site prior to notifying the UPC and before the locator arrives on the job."

SECTION 2. Said chapter is further amended by revising Code Section 25-9-4, relating to design locate request and response, as follows:
"25-9-4. (a) Any person may submit a design locate request to the UPC. Such design locate request shall:
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and (2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section. (b) Within ten working days after a design locate request has been submitted to the UPC for a proposed project, the facility owner or operator shall respond by the method requested by the person calling in the design locate request: (1) Designate or cause to be designated by a locator in accordance with Code Sections 25-9-7 and 25-9-9 the location of all utility facilities and sewer laterals within the area of the proposed excavation; (2) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or

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(3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation. (c) Upon responding using any of the methods provided in subsection (b) of this Code section, the facility owner or operator shall provide the response to the UPC in accordance with UPC procedures. (d) A design locate request shall not be used for excavation purposes."

SECTION 3. Said chapter is further amended by revising Code Section 25-9-6, relating to prerequisites to blasting or excavating and marking of sites, as follows:
"25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours' notice by submitting a locate request to the UPC, beginning the next business day after such notice is provided, excluding hours during days other than business days. Any person performing excavation is responsible for being aware of all information timely entered into the PRIS prior to the commencement of excavation. If, prior to the expiration of the 48 hour waiting period, all identified facility owners or operators have responded to the locate request, and if all have indicated that their facilities are either not in conflict or have been marked, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this Code section, without waiting the full 48 hours. The 48 hours' notice shall not be required for excavating where minimally intrusive excavation methods are used exclusively. Any locate request received by the UPC after business hours shall be deemed to have been received by the UPC the next business day. Such locate request shall:
(1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; (2) State the name, address, and telephone number of the person who will engage in the blasting or excavating; (3) Describe the type of blasting or excavating to be engaged in by the person; and (4) Define the time frame in which requested excavation may occur. (b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner or operator and inform the UPC,

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within a reasonable time, of the results of such meeting. The person marking a site with white lining shall comply with the rules and regulations of the Department of Transportation as to the use of such markings so as to not to obstruct signs, pavement markings, pavement, or other safety devices. (c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid. Additional notices for an existing request shall not expand the tract or parcel of land upon which the blasting or excavation is to take place. (d) For emergencies, notice shall expire at 7:00 A.M. three business days after the notification is made to the UPC. (e) Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the UPC unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be liable to the facility owner or operator for $100.00 or for actual costs, whichever is greater, for each repeated request for re-marking. (f) If, subsequent to giving the notice to the UPC required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the UPC and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the UPC of such notice. (g) When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is:
(1) Performed on the tract or parcel of land identified in the locate request; (2) Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating; (3) The type of blasting or excavating described in the locate request; and (4) Carried out in accordance with all other requirements of this chapter. (h) Facility owners or operators may bill an excavator their costs for any requests for re-marking other than for re-marks with no more than five individual addresses on a single

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locate request. Such costs shall be documented actual costs and shall not exceed $100.00 per re-mark request."

SECTION 4. Said chapter is further amended by revising Code Section 25-9-7, relating to determining whether utility facilities are present, information to UPC, noncompliance, future utility facilities, and abandoned utility facilities, as follows:
"25-9-7. (a)(1) Within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes, flags, permanent markers, or other marks on the surface of the tract or parcel of land, the location of utility facilities. This subsection shall not apply to large projects. (2) Designation of the location of utility facilities through staking, flagging, permanent markers, or other marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated. Additional marking requirements beyond color code, if any, shall be prescribed by rules and regulations promulgated by the Public Service Commission. (3) A facility owner or operator is not required to mark its own facilities within 48 hours if the facility owner or operator or its agents are the only parties performing the excavation; however, such facilities shall be designated prior to the actual start of excavation. (b)(1) Within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each sewer system owner or operator shall determine whether or not sewer laterals are located or likely to be located on the tract or parcel of land upon which the excavating or blasting is to occur. If sewer laterals are determined to be present or likely to be present, then the sewer system owner or operator shall assist in designating sewer laterals up to the edge of the public right of way. Such assistance shall not constitute ownership or operation of the sewer lateral by the sewer system owner or operator. Good faith compliance with provisions of this subsection in response to a locate request shall constitute full compliance with this chapter, and no person shall be found liable to any party for damages or injuries as a result of performing in compliance with the requirements of this subsection. (2) To assist in designating sewer laterals, the sewer system owner or operator shall provide its best available information regarding the location of the sewer laterals to the excavator. This information shall be conveyed to the excavator in a manner that may include, but shall not be limited to, any one of the following methods:

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(A) Marking the location of sewer laterals in accordance with subsection (a) of this section, provided that:
(i) Any sewer lateral designated using the best available information shall constitute a good faith attempt and shall be deemed to be in compliance with this subsection, provided that such mark represents only the best available information of the sewer system owner or operator and may not be accurate; and (ii) If a sewer lateral is unlocatable, a triangular green mark shall be placed at the sewer main pointing at the address in question to indicate the presence of an unlocatable sewer lateral; (B) Providing electronic copies of or delivering the records through facsimile or by other means to an agreed upon location within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days; provided, however, that for local governing authorities that receive fewer than 50 locate requests annually, the local governing authority may designate the agreed upon location and communicate such designation to the excavator; (C) Arranging to meet the excavator on site to provide the best available information about the location of the sewer laterals; (D) Providing the records through other processes and to other locations approved by documented agreement between the excavator and the facility owner or operator; or (E) Any other reasonable means of conveyance approved by the commission after receiving recommendations from the advisory committee, provided that such means are equivalent to or exceed the provisions of subparagraph (A), (B), or (C) of this paragraph. (c) Each facility owner or operator, either upon determining that no utility facility or sewer lateral is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities or sewer laterals on the tract or parcel of land as required by subsection (a) or (b) of this Code section, shall provide this information to the UPC in accordance with procedures developed by the UPC, which may include the use of the PRIS. In no event shall such notice be provided later than midnight of the second business day following receipt by the UPC of actual notice filed in accordance with Code Section 25-9-6. (d) In the event the facility owner or operator is unable to designate the location of the utility facilities or sewer laterals due to extraordinary circumstances, the facility owner or operator shall notify the UPC and provide an estimated completion date in accordance with procedures developed by the UPC, which may include the use of the PRIS. (e) If, at the end of the time period specified in subsections (a) and (b) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a), (b), and (c) of this Code section, as applicable, the UPC shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by

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notifying the UPC in accordance with procedures developed by the UPC that no utility facilities or sewer laterals are present on the tract or parcel of land, or by designating the location of such utility facilities or sewer laterals in accordance with the provisions of subsections (a) and (b) of this Code section, as applicable, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided that there is no visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the utility facility or sewer lateral as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8. (f) If visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral does exist and the facility owner or operator either refuses to comply with subsections (a) through (d) of this Code section, as applicable, or is not a member of the UPC, then the excavator shall attempt to designate such facility or sewer lateral prior to excavating. The facility owner or operator shall be strictly liable for the actual costs associated with the excavator designating such utility facilities and sewer laterals and any associated downtime. Such costs shall not exceed $100.00 or documented actual costs, whichever is greater, for each locate request. (g) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method. All sewer laterals installed on or after January 1, 2006, shall be installed in a manner which will make them locatable by facility owners or operators using a generally accepted electronic locating method. In the event that an unlocatable utility facility or unlocatable sewer lateral becomes exposed when the facility owner or operator is present or in the case of sewer laterals when the sewer utility owner or operator is present on or after January 1, 2006, such utility facility or sewer lateral shall be made locatable through the use of a permanent marker or an updating of permanent records. (h) Facility owners or operators shall either maintain recorded information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to designate the abandoned facility or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities and sewer laterals shall be treated as live utility facilities and sewer laterals. (i) Notwithstanding any other provision of law to the contrary, a facility owner or operator may use a locator to designate any or all utility facilities and sewer laterals. The use of a locator shall not relieve the facility owner or operator of any responsibility under this chapter. However, by contract a facility owner or operator may be indemnified by a locator for any failure on the part of the locator to comply with the provisions of this chapter.

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(j) Large project rules shall be promulgated by the Public Service Commission. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and the time period for which designations are valid.
(k)(1) Within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not unlocatable facilities other than sewer laterals are present. In the event that such facilities are determined to be present, the facility owner or operator shall exercise reasonable care in locating such facilities. The exercise of reasonable care shall require, at a minimum, the use of the best available information to designate the facilities and notification to the UPC of such attempted location. Placing markers or otherwise leaving evidence of locations of facilities is deemed to be an acceptable form of notification to the excavator or locator. (2) This subsection shall not apply to sewer laterals."

SECTION 5. Said chapter is further amended by revising Code Section 25-9-8, relating to treatment of gas pipes and other underground utility facilities by blasters and excavators, as follows:
"25-9-8. (a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any utility facility or sewer lateral which has been staked, flagged, or marked in accordance with this chapter. (b) When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise reasonable care for the protection of the utility facility or sewer lateral, including permanent markers and paint placed to designate utility facilities. This protection shall include, but not be limited to, at least one of the following based on geographical and climate conditions: hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, or other technical methods that may be developed. Other mechanical methods may be used with the approval of the facility owner or operator. (c) If the precise location of the underground facilities cannot be determined by the excavator, the facility owner or operator thereof shall be notified by the excavator so that the operator and the excavator shall work together to determine the precise location of the underground facilities prior to continuing the excavation. (d) When conducting trenchless excavation the excavator must exercise reasonable care, as described in subsection (b) of this Code section, and shall take additional care to attempt to prevent damage to utility facilities and sewer laterals. The recommendations of the HDD consortium applicable to the performance of trenchless excavation set out in the document 'Horizontal Directional Drilling Good Practice Guidelines,' dated May, 2001, are adopted by reference as a part of this subsection to describe such additional care. The

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advisory committee may recommend to the commission more stringent criteria as it deems necessary to define additional care and the commission is authorized to adopt additional criteria to define additional care. (e) Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility or sewer lateral, regardless of whether the utility facility or sewer lateral is marked, shall immediately cease such blasting or excavating and notify the UPC and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the UPC, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damage. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility or sewer lateral except as provided in Code Section 25-9-12."

SECTION 6. Said chapter is further amended by revising Code Section 25-9-9, relating to degree of accuracy required in utility facility location information, effect of inaccurate information on liability of blaster or excavator, and liability of facility owners for losses resulting from lack of accurate information, as follows:
"25-9-9. (a) For the purposes of this chapter, the location of utility facilities which is provided by a facility owner or operator in accordance with subsection (a) of Code Section 25-9-7 to any person must be accurate to within 18 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility. (b) Upon documented evidence that the person seeking information as to the location of utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators, the facility owners or operators shall be liable to that person for any such losses or expenses."

SECTION 7. Said chapter is further amended by revising Code Section 25-9-13, relating to penalties for violations of chapter, bonds, enforcement, advisory committee, and dispose of settlement recommendations, as follows:

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"25-9-13. (a) Any person who violates the requirements of subsections (a), (f), or (g) of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall be strictly liable for:
(1) All costs incurred by the facility owner or operator in repairing or replacing its damaged facilities; and (2) Any injury or damage to persons or property resulting from damaging the utility facilities and sewer laterals. (b) Each local governing authority is authorized to require by ordinance any bonds on utility contractors or on persons performing excavation or blasting within the public right of way or any dedicated utility easement as it may determine to assure compliance with subsection (a) of this Code section. (c) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities and sewer laterals. Such obligation to indemnify shall not apply to any county, city, town, or state agency except as permitted by law. (d) In addition to the other provisions of this Code section, a professional licensing board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person has repeatedly violated the requirements of Code Section 25-9-6 or 25-9-8. (e) Subsections (a), (c), and (d) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the UPC as required by Code Section 25-9-5. (f) The enforcement provisions of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment within the curb lines or edges of the pavement of any public road and who causes damage to a utility facility located within the roadway hard surface or the graded aggregate base therein if such person has complied with the provisions of this chapter and there is no indication that a utility facility is in conflict with the proposed excavation. (g) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commission's authority to enforce this chapter. (h)(1) The Governor shall appoint an advisory committee consisting of persons who are employees or officials of or who represent the interests of:
(A) One member to represent the Department of Transportation;

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(B) One member to represent water systems or water and sewer systems owned or operated by local governing authorities; (C) One member to represent the utilities protection center; (D) One member to represent water systems or water and sewer systems owned or operated by counties; (E) One member to represent water systems or water and sewer systems owned or operated by municipalities; (F) One member to represent the nonmunicipal electric industry; (G) Five members to represent excavators to include the following:
(i) One licensed utility contractor; (ii) One licensed general contractor; (iii) One licensed plumber; (iv) One landscape contractor; and (v) One highway contractor; (H) One member to represent locators; (I) One member to represent the nonmunicipal telecommunications industry; (J) One member to represent the nonmunicipal natural gas industry; (K) One member to represent municipal gas, electric, or telecommunications providers; and (L) The commission chairperson or such chairperson's designee. The commission chairperson or his or her designee shall serve as chairperson of the advisory committee and shall cast a vote only in the case of a tie. Persons appointed to the advisory committee shall have expert knowledge of this chapter and specific operations expertise with the subject matter encompassed by the provisions of this chapter. (2) The advisory committee shall establish rules of operation including an attendance policy. In the event a committee member resigns or fails to meet the criteria of the attendance policy, the advisory committee shall appoint an interim member to represent the same stakeholder group until such time as the Governor appoints a replacement. (3) The advisory committee shall assist the commission in the enforcement of this chapter, make recommendations to the commission regarding rules and regulations, and perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter. (4) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.

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(i)(1) Commission enforcement of this chapter shall follow the procedures described in this subsection. Nothing in this subsection shall limit the authority of the commission delegated from the federal government and authorized in other state law.
(2)(A) The commission is not authorized to impose civil penalties on any local governing authority except as provided in this paragraph. The commission may recommend training for local governing authorities in response to any probable or proven violation. Civil penalties may be recommended for or imposed on any local governing authority for refusal to comply with the requirements of Code Section 25-9-7 or for other violations of Code Section 25-9-7 that result in injury to people, damage to property, or the interruption of utility service in the event that investigators find that a local governing authority has demonstrated a pattern of willful noncompliance. Civil penalties may be recommended or imposed on or after January 1, 2006, for violations of provisions of this chapter other than Code Section 25-9-7 in the event that investigators find that the severity of an excavation violation warrants civil penalties or that a local governing authority has demonstrated a pattern of willful noncompliance. Any such civil penalty shall be recommended or imposed in accordance with a tiered penalty structure designed for local governing authorities. In the event that the investigators determine that a local governing authority has made a good faith effort to comply with this chapter, the investigators shall not recommend a civil penalty. For purposes of this subsection 'refusal to comply' means that a utility facility owner or operator does not respond in PRIS to a locate request, does not respond to a direct telephone call to designate their facilities, or other such direct refusal. Refusal to comply does not mean a case where the volume of requests or some other mitigating circumstance prevents the utility owner or operator from locating in accordance with Code Section 25-9-7. (B) No later than January 1, 2006, the advisory committee shall recommend to the commission for adoption a tiered penalty structure for local governing authorities. Such structure shall take into account the size, annual budget, gross receipts, number of utility connections and types of utilities within the territory of the local governing authority. Such penalty structure shall also take into account the number of locate requests received annually by the local governing authority, the number of locate codes made annually to the local governing authority from the UPC, the number of utility customers whose service may have been interrupted by violations of this chapter, and the duration of such interruptions. Such penalty structure shall also consider the cost of compliance. The penalty structure shall establish for each tier the maximum penalty per violation and per 12 month period at a level to induce compliance with this chapter. Such maximum penalty shall not exceed $5,000.00 per violation or $50,000.00 per 12 month period for the highest tier. (3) If commission investigators find that a probable violation has occurred, they may recommend training in lieu of penalties to any person for any violation. The commission shall provide suggestions for corrective action to any person requesting such assistance.

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Commission investigators shall make recommended findings or offers of settlement to the respondent. (4) Any respondent may accept or disagree with the settlement recommended by the investigators. If the respondent disagrees with the recommended settlement, the respondent may dispute the settlement recommendation to the advisory committee. The advisory committee shall then render a recommendation either supporting the investigators' recommendation, rejecting the investigators' recommendation, or substituting its own recommendation. With respect to an investigation of any probable violation committed by a local governing authority, any recommendation by the advisory committee shall be in accordance with the provisions of paragraph (2) of this subsection. In its deliberations the advisory committee shall consider the gravity of the violation or violations; the degree of the respondent's culpability; the respondent's history of prior offenses; and such other mitigating factors as may be appropriate. If the advisory committee determines that a respondent has made a good faith effort to comply with this chapter, the committee shall not recommend civil penalties against the respondent. To the extent that a respondent does not accept a settlement agreement or request to dispute the recommendation of the investigators to the advisory committee, the respondent shall be assigned to a hearing officer or administrative law judge. (5) If any respondent disagrees with the recommendation of the advisory committee, after notice and hearing by a hearing officer or administrative law judge, such officer or judge shall make recommendations to the commission regarding enforcement, including civil penalties. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. The acceptance of the recommendations by the respondent at any point will stop further action by the investigators in that case. (6) When the respondent agrees with the advisory committee recommendation, the investigators shall present such agreement to the commission. The commission is then authorized to adopt the recommendation of the advisory committee regarding a civil penalty, or to reject such a recommendation. The commission is not authorized to impose a civil penalty greater than the civil penalty recommended by the advisory committee or to impose any civil penalty if the advisory committee does not recommend a civil penalty. (7) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise additional care in accordance with subsection (d) of Code Section 25-9-8 or reasonable care in accordance with other provisions of this chapter. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. Any proceeding or civil penalty undertaken pursuant to this Code section shall neither prevent

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nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action except as otherwise provided in this chapter. (j) All civil penalties ordered by the commission and collected pursuant to this Code section shall be deposited in the general fund of the state treasury."

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

Approved April 24, 2014.

COMMERCE AND TRADE IDENTITY THEFT; SECURITY FREEZE FOR MINORS.

No. 611 (House Bill No. 915).

AN ACT

To amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, so as to provide for security freezes for minors; to provide for definitions; to provide for requirements for requesting and executing such security freezes; to provide for removal of such security freezes; to provide for fees; to provide for exceptions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, is amended by revising Code Section 10-1-913, relating to definitions relative to said Code section and to Code Section 10-1-914, as follows:
"10-1-913. As used in this Code section, Code Section 10-1-914, and Code Section 10-1-914.1, the term:
(1) 'Consumer' means a natural person residing in this state. (2) 'Consumer credit report' means a 'consumer report' as defined in 15 U.S.C. Section 1681a(d) that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes. (3) 'Consumer credit reporting agency' means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice

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of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. (4) 'Normal business hours' means any day, between the hours of 8:00 A.M. and 9:30 P.M., eastern standard time. (5) 'Person' means any individual, partnership, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity. (6) 'Proper identification' means information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. Section 1681 et seq. (7) 'Protected consumer' means an individual who is:
(A) Under the age of 16 years at the time a request for the placement of a security freeze is made under subsection (a) of Code Section 10-1-914.1; or (B) An individual for whom a guardian or conservator has been appointed. (8) 'Record' means a compilation of information about a protected consumer that satisfies all of the following: (A) The compilation identifies the protected consumer; and (B) The compilation is created by a consumer credit reporting agency solely for the purpose of complying with Code Section 10-1-914.1. (9) 'Representative' means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer. (10) 'Security freeze' means a restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing all or any part of the consumer's consumer credit report or any information derived from the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer. (11) 'Security freeze for a protected consumer' means one of the following: (A) If a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction placed on the protected consumer's record that prohibits the consumer credit reporting agency from releasing the protected consumer's record; or (B) If a consumer credit reporting agency has a file pertaining to the protected consumer, a restriction placed on the protected consumer's credit report that prohibits the consumer credit reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report. (12) 'Sufficient proof of authority' means documentation that shows a representative has authority to act on behalf of a protected consumer, including any of the following: (A) An order issued by a court; (B) A lawfully executed and valid power of attorney; or (C) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer. (13) 'Sufficient proof of identification' means information or documentation that identifies a protected consumer or a representative of a protected consumer, including any of the following:

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(A) A social security number or a copy of a social security card issued by the Social Security Administration; or (B) A certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"10-1-914.1. (a) A consumer credit reporting agency shall place a security freeze for a protected consumer if the consumer credit reporting agency receives a request from the protected consumer's representative for the placement of the security freeze and the protected consumer's representative:
(1) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency; (2) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative; (3) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer; and (4) Pays to the consumer credit reporting agency a fee as provided in subsection (g) of this Code section. (b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a request under subsection (a) of this Code section, the consumer credit reporting agency shall create a record for the protected consumer. Upon receiving the request, the consumer credit reporting agency shall verify that no file exists pertaining to the protected consumer or to the protected consumer's social security number. A record created under this subsection shall not be used to consider the protected consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. (c) Within 30 days after receiving a request that meets the requirements of subsection (a) of this Code section, a consumer credit reporting agency shall place a security freeze for the protected consumer. (d) Unless a security freeze for a protected consumer is removed in accordance with subsection (f) or (i) of this Code section, a consumer credit reporting agency shall not release the protected consumer's credit report, any information derived from the protected consumer's credit report, or any record created for the protected consumer. (e) A security freeze for a protected consumer placed under subsection (c) of this Code section shall remain in effect until: (1) The protected consumer or the protected consumer's representative requests the consumer credit reporting agency to remove the security freeze in accordance with subsection (f) of this Code section; or (2) The security freeze is removed in accordance with subsection (i) of this Code section.

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(f)(1) If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall:
(A) Submit a request for the removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency; (B) Provide to the consumer credit reporting agency sufficient proof of identification of the protected consumer and:
(i) For a request by the protected consumer, proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid; or (ii) For a request by the representative of the protected consumer, sufficient proof of identification of the representative and sufficient proof of authority to act on behalf of the protected consumer; and (C) Pay to the consumer credit reporting agency a fee as provided in subsection (g) of this Code section. (2) Within 30 days after receiving a request that meets the requirements of paragraph (1) of this subsection, the consumer credit reporting agency shall remove the security freeze for the protected consumer. (g)(1) Except as otherwise provided in paragraph (2) of this subsection, a consumer credit reporting agency shall not charge a fee for any service performed under this Code section. (2) A consumer credit reporting agency may charge a reasonable fee, not exceeding $10.00, for each placement or removal of a security freeze for a protected consumer; provided, however, that a consumer credit reporting agency shall not charge any fee under this Code section if: (A) The protected consumer's representative has obtained a police report or affidavit of alleged identity fraud against the protected consumer and provides a copy of the report or affidavit to the consumer credit reporting agency; or (B) A request for the placement or removal of a security freeze is for a protected consumer who is under the age of 16 years at the time of the request and the consumer credit reporting agency has a consumer credit report pertaining to the protected consumer. (h) This Code section shall not apply to the use of a protected consumer's credit report or record by: (1) A person administering a credit file monitoring subscription service to which the protected consumer has subscribed or the representative of the protected consumer has subscribed on behalf of the protected consumer; (2) A person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's credit report on request of the protected consumer or the protected consumer's representative; or

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(3) A person or entity listed in subsection (m) or (o) of Code Section 10-1-914. (i) A consumer credit reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if such security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.
(j)(1) A person who violates this Code section may be investigated and prosecuted under the provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' and may be fined not more than $100.00 for a violation concerning a specific protected consumer. (2) The Attorney General may bring an action for temporary or permanent injunctive or other relief for any violation of this Code section or an action for the penalty authorized in paragraph (1) of this subsection."

SECTION 3. This Act shall become effective on January 1, 2015.

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

Approved April 24, 2014.

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REVENUE AND TAXATION AD VALOREM TAXATION; DEFINITION OF FOREST LAND; CONDITIONS, PROCEDURES, AND LIMITATIONS FOR TAX LITIGATION; APPROVAL OF TAX DIGESTS; VALUATION OF PROPERTY; REFUNDS.

No. 612 (House Bill No. 755).

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 provide for a revised definition of forest land fair market value; to provide for conditions, procedures, and limitations for ad valorem property tax litigation in superior court; to provide for conditions, procedures, and limitations on the approval of tax digests when assessments are in arbitration or on appeal; to provide for the valuation of property which is under appeal as to its assessed value; to provide for procedures, conditions, and limitations regarding refunds of taxes and license fees by

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counties and municipalities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising paragraph (6) of Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, as follows:
"(6) 'Forest land fair market value' means the 2008 fair market value of the forest land; provided, however, that when the 2008 fair market value of the forest land has been appealed by a property owner and the ultimate fair market value of the forest land is changed in the appeal process by either the board of assessors, the board of equalization, a hearing officer, an arbitrator, or a superior court judge, then the final fair market value of the forest land shall replace the 2008 fair market value of the forest land. This final fair market value of the forest land shall be used in the calculation of local assistance grants. If local assistance grants have been granted to either a county, a county board of education, or a municipality based on the 2008 fair market value of forest land and subsequently the fair market value of such forest land is reduced on an appeal, then the county or the municipality shall reimburse the state, within 12 months unless otherwise agreed to by the parties, the difference between local assistance grants paid to the county or municipality and the amount which would have been due based on the final fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4)."

SECTION 2. Said chapter is further amended by revising Code Section 48-5-29, relating to the jurisdiction of the superior court in ad valorem property tax litigation, as follows:
"48-5-29. (a) Before the superior court has jurisdiction to entertain any civil action, appeal, or affidavit of illegality filed under this title by any aggrieved taxpayer concerning liability for ad valorem property taxes, taxability of property for ad valorem property taxes, valuation of property for ad valorem taxes, or uniformity of assessments for ad valorem property taxes, the taxpayer shall pay the amount of ad valorem property taxes assessed against the property at issue for the last year for which taxes were finally determined to be due on the property, or, if less, the amount of the temporary tax bill issued pursuant to Code Section 48-5-311. For the purposes of this Code section, taxes shall not be deemed finally

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determined to be due on a property for a tax year until all appeals under Code Section 48-5-311 and proceedings for refunds under Code Section 48-5-380 have become final. (b) Ad valorem taxes due under this Code section shall be paid to the tax collector or tax commissioner of the county where the property is located. If the property is located within any municipality, the portion of the payment due the municipality shall be paid to the officer designated by the municipality to collect ad valorem taxes. (c) All taxes paid to the county tax collector or tax commissioner under this Code section shall be distributed to the state, county, county schools, and any other applicable taxing districts in the same proportion as the millage rate for each bears to the total millage rate applicable to the property for the current year. If the total millage rate has not been determined for the current year, the distribution shall be made on the basis of the millage rates established for the immediately preceding year. (d) Any payment made by the taxpayer in accordance with this Code section which is in excess of his or her finally determined tax liability shall be refunded to the taxpayer. If the amount finally determined to be the tax liability of the taxpayer exceeds the amount paid under this Code section, the taxpayer shall be liable for the amount of the difference between the amount of tax paid and the amount of tax owed. The amount of difference shall be subject to the interest provided under subsection (g) of Code Section 48-5-311."

SECTION 3. Said chapter is further amended by revising Code Section 48-5-304, relating to the approval of tax digests when assessments are in arbitration or on appeal and the withholding of grants, as follows:
"48-5-304. (a) The commissioner shall not approve any digest of any county when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 5 percent of the total assessed value of the total taxable digest of the county for the same year. In any year in which a complete revaluation or reappraisal program is implemented, the commissioner shall not approve a digest of any county when 8 percent or more of the assessed value in dispute is in arbitration or on appeal and 8 percent or more of the number of properties is in arbitration or on appeal. When the assessed value in dispute on any one appeal or arbitration exceeds 1.5 percent of the total assessed value of the total taxable digest of the county for the same year, such appeal or arbitration may be excluded by the commissioner in making his or her determination of whether the digest may be approved under the limitations provided for in this Code section. Where appeals have been filed or arbitrations demanded, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. (b) The commissioner shall not approve any digest or portion thereof for any class or strata of property where evidence exists that the county has substantially failed to comply with

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the provisions of this title or the rules and regulations of the commissioner for valuation of such class or strata of property. The commissioner shall adopt rules and regulations to give effect to this provision. (c) The Office of the State Treasurer shall withhold any and all grants appropriated to any county until the county tax digest for the previous calendar year has been submitted to the commissioner as required by law."

SECTION 4. Said chapter is further amended by revising division (e)(6)(D)(iii) and subsection (m) of Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals, as follows:
"(iii)(I) If the county's tax bills are issued before an appeal has been finally determined, the county board of tax assessors shall specify to the county tax commissioner the lesser of the valuation in the last year for which taxes were finally determined to be due on the property or 85 percent of the current year's value, unless the property in issue is homestead property and has been issued a building permit and structural improvements have occurred, or structural improvements have been made without a building permit, in which case, it shall specify 85 percent of the current year's valuation as set by the county board of assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that a nonhomestead owner of a single property valued at $2 million or more may elect to pay the temporary tax bill which specifies 85 percent of the current year's valuation; or, such owner may elect to pay the amount of the difference between the 85 percent tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due on the property in conjunction with the amount of the tax bill based on valuation from the last year for which taxes were finally determined to be due on the property, to the tax commissioner's office. Only the amount which represents the difference between the tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due will be held in an escrow account by the tax commissioner's office. Once the appeal is concluded, the escrowed funds shall be released by the tax commissioner's office to the prevailing party. The taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no substantial property improvement has occurred. The county tax commissioner shall have the authority to adjust such tax bill to reflect the 100 percent value as requested by the taxpayer. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued.

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(II) For the purposes of this Code section, any final value that causes a reduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section." "(m) Interest. (1) For the purposes of this Code section, any final value that causes a deduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes within 60 days from the date of the final determination of value. Such refund shall include interest on the amount of the deduction at the same rate specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment was due or was paid, whichever is later, through the date on which the refund is paid or 60 days from the date of the final determination, whichever is earlier. In no event shall the amount of such interest exceed $150.00 for homestead property or $5,000.00 for nonhomestead property. Any refund paid after the sixtieth day shall accrue interest from the sixty-first day until paid with interest at the same rate specified in Code Section 48-2-35. The interest accrued after the sixtieth day and forward shall not be subject to the limits imposed by this subsection. The tax commissioner shall pay the tax refund and any interest for the refund from current collections in the same proportion for each of the levying authorities for whom the taxes were collected. (2) For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest, as specified in Code Section 48-2-35. The tax commissioner shall adjust the tax bill, including interest, within 15 days from the date of the final determination of value and mail the adjusted bill to the taxpayer. Such interest shall accrue from November 15 of the taxable year in question or the final installment of the tax was due through the date on which the bill was adjusted and mailed or 15 days from the date of the final determination, whichever is earlier. The interest computed on the additional billing shall in no event exceed $150.00 for homestead property or $5,000.00 for nonhomestead property. After the tax bill notice has been mailed out, the taxpayer shall be afforded 60 days from the date of the postmark to make full payment of the adjusted bill and interest. Once the 60 day payment period has expired, the bill shall be considered past due and interest shall accrue as specified in Code Section 48-2-40 without limit until the bill is paid in full. Once past due, all other fees, penalties, and late and collection notices shall apply as prescribed in this chapter for the collection of delinquent taxes."

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SECTION 5. Said chapter is further amended by revising Code Section 48-5-380, relating to refunds of taxes and license fees by counties and municipalities, as follows:
"48-5-380. (a) As provided in this Code section, each county and municipality shall refund to taxpayers any and all taxes and license fees:
(1) Which are determined to have been erroneously or illegally assessed and collected from the taxpayers under the laws of this state or under the resolutions or ordinances of any county or municipality; or (2) Which are determined to have been voluntarily or involuntarily overpaid by the taxpayers. (a.1) If property owners have been billed and have remitted property tax payments to either a county or a municipality based on the fair market value of the land and subsequently the fair market value of such land is reduced on an appeal, then the county or the municipality shall reimburse the property owner the difference between tax remitted and the final tax owed for each year in which the incorrect fair market value of the land was used in the calculations. (b) Any taxpayer from whom a tax or license fee was collected who alleges that such tax or license fee was collected illegally or erroneously may file a claim for a refund with the governing authority of the county or municipality at any time within one year or, in the case of taxes, three years after the date of the payment of the tax or license fee to the county or municipality. The claim for refund shall be in writing and shall be in the form and shall contain the information required by the appropriate governing authority. The claim shall include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the governing authority in connection with any claim for a refund, the taxpayer shall so specify in writing in the claim. If the claim conforms to the requirements of this Code section, the governing authority shall grant a conference at a time specified by the governing authority. The governing authority shall consider information contained in the taxpayer's claim for a refund and such other information as is available. The governing authority shall approve or disapprove the taxpayer's claim and shall notify the taxpayer of its action. In the event any claim for refund is approved, the governing authority shall proceed under subsection (a) of this Code section to give effect to the terms of that subsection. No refund provided for in this Code section shall be assignable. Submitting a request for refund to the governing authority is not a prerequisite to bringing suit. (c) The filing of a request for a refund with the governing authority under subsection (b) of this Code section shall act to stay the time period for initiating suit for a refund. Following the filing of a request for refund with the governing authority, no suit may be commenced until the earlier of the governing authority's denial of the request for refund or the expiration of 90 days from the date of filing the claim. Alternatively, any taxpayer may

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forgo requesting a refund from the governing authority under subsection (b) of this Code section and elect to proceed directly to filing suit. (d) Any refunds approved or allowed under this Code section shall be paid from funds of the county, the municipality, the county board of education, the state, or any other entity to which the taxes or license fees were originally paid. Refunds shall be paid within 60 days of the approval of the taxpayer's claim or within 60 days of the entry of a final decision in any action for a refund. (e) The governing authority of any county, by resolution, and the governing authority of any municipality, by ordinance, shall adopt rules and regulations governing the administration of this Code section and may delegate the administration of this Code section, including the approval or disapproval of claims where the reason for the claim is based on an obvious clerical error, to an appropriate department in local government. In disputed cases where there is no obvious error, the approval or disapproval of claims may not be delegated by the governing authority. (f) Nothing contained in subsections (b) or (c) of this Code section shall be deemed the exclusive remedy to seek a refund nor deprive taxpayers of the right to seek a refund mandated by subsection (a) by any other cause of action available at law or equity. (g) Under no circumstances may a suit for refund be commenced more than five years from the date of the payment of taxes or fees at issue."

SECTION 6. This Act shall become effective on July 1, 2014.

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

Approved April 24, 2014.

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REVENUE AND TAXATION AD VALOREM TAX EXEMPTION FOR PRIVATE INTERESTS IN PROPERTY OF THE BOARD OF REGENTS OPERATED BY A PRIVATE PARTY; REFERENDUM.

No. 613 (House Bill No. 788).

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 provide for an ad valorem tax exemption for private interests in property of the Board of Regents of the University System of Georgia that is operated by a private party; to provide that such arrangements shall not constitute special franchises; to provide for a state-wide referendum; to provide for an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding a new subparagraph in paragraph (1) of subsection (a) of Code Section 48-5-41, relating to property exempt from ad valorem taxation, as follows:
"(F) All interests in property on a campus of the Board of Regents of the University System of Georgia primarily used for student housing or parking held by a private party that is contractually obligated to operate such property primarily for the use or benefit of a public college or university shall be considered to be public property within the meaning of this paragraph, provided that such interest of the private party resulted from a competitive procurement."

SECTION 2. Said chapter is further amended by revising Code Section 48-5-421.1, relating to public-private transportation projects not being designated as special franchises, as follows:
"48-5-421.1. Any property which is exempt from ad valorem taxation pursuant to subparagraphs (a)(1)(E) or (a)(1)(F) of Code Section 48-5-41 shall not constitute a special franchise for purposes of this article and shall not be subject to the provisions of this article."

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SECTION 3. The Secretary of State shall call and conduct a referendum for the approval or disapproval of Section 1 of this Act on the date of and in conjunction with the November, 2014, general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once at least 60 days prior to the date of the referendum and once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:
"( ) YES Shall property owned by the University System of Georgia and utilized by providers of college and university student housing and other facilities
( ) NO continue to be exempt from taxation to keep costs affordable?"
All persons desiring to vote for approval of this Act shall vote "Yes" and those persons desiring to vote for disapproval of this Act shall vote "No". If more than one-half of the votes cast on such question are for approval of this Act, then Section 1 of this Act shall become effective on January 1, 2015, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall not become effective and shall be automatically repealed on January 1, 2015.

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that if Section 1 of this Act does not become effective and is automatically repealed pursuant to Section 3 of this Act, Section 2 of this Act shall also not become effective and shall be automatically repealed on January 1, 2015.

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

Approved April 24, 2014.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS GEORGIA FIRST INFORMER BROADCASTERS ACT.

No. 614 (Senate Bill No. 381).

AN ACT

To amend Code Section 38-3-57 of the Official Code of Georgia Annotated, relating to the establishment of a standardized, verifiable, performance based unified incident command

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system for emergencies, so as to provide planning for first informer broadcasters in the unified incident command system and the Georgia Emergency Operations Plan; to provide a short title; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia First Informer Broadcasters Act."

SECTION 2. Code Section 38-3-57 of the Official Code of Georgia Annotated, relating to the establishment of a standardized, verifiable, performance based unified incident command system for emergencies, is amended by adding a new subsection to read as follows:
"(f)(1) As used in this subsection, the term: (A) 'Broadcaster' means any corporation or other entity that is primarily engaged in the business of broadcasting video or audio programming, whether through the public airwaves, cable, direct or indirect satellite transmission, or any other similar means of communication. (B) 'Emergency' means the declaration of a state of emergency or disaster as provided in Code Section 38-3-51 or as presidentially declared. (C) 'First informer broadcaster' means a broadcaster in Georgia who makes application to the Georgia Emergency Management Agency for designation as a first informer broadcaster and who is granted such designation as a first informer broadcaster pursuant to rules and regulations promulgated by the director of emergency management.
(2) The unified incident command system and the Georgia Emergency Operations Plan shall, by July 1, 2016, establish planning for first informer broadcasters such that first informer broadcasters, to any extent practicable, may during an emergency:
(A) Have access to areas affected by an emergency for the purpose of restoring, repairing, or resupplying any facility or equipment critical to the ability of a broadcaster to acquire, produce, or transmit emergency related programming, including but not limited to repairing and maintaining transmitters and generators and transporting fuel for generators; (B) Have access to the distribution of fuel, food, water, supplies, equipment, and any other materials necessary for maintaining or producing a broadcast or broadcasting signal; and (C) Not have vehicles, fuel, food, water, and any other materials seized or condemned that are essential for maintaining or producing a broadcast or broadcasting signal. (3) The Georgia Emergency Management Agency may develop or adopt courses of instruction for use in training personnel of first informer broadcasters on personal safety and navigation in an area affected by an emergency. The requirements of any such

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training shall be established pursuant to rules and regulations promulgated by the director of emergency management. The costs of any such training shall be paid by the first informer broadcasters participating in the training."

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

Approved April 24, 2014.

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HEALTH UNLICENSED PERSONAL CARE HOMES; PENALTIES.

No. 615 (House Bill No. 899).

AN ACT

To amend Code Section 31-7-12.1 of the Official Code of Georgia Annotated, relating to unlicensed personal care homes, so as to revise provisions relating to penalties for owning or operating an unlicensed personal care home; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-7-12.1 of the Official Code of Georgia Annotated, relating to unlicensed personal care homes, is amended by revising subsection (f) and adding a new subsection to read as follows:
"(f) It is declared that the owning or operating of an unlicensed personal care home in this state constitutes a nuisance dangerous to the public health, safety, and welfare. The commissioner or the district attorney of the judicial circuit in which such unlicensed personal care home is located may file a petition to abate such nuisance as provided in Chapter 2 of Title 41. (g) Any person who owns or operates a personal care home in violation of subsection (b) of Code Section 31-7-12 shall be guilty of a misdemeanor for a first violation, unless such violation is in conjunction with abuse, neglect, or exploitation as defined in Code Section 30-5-3, in which case such person shall be guilty of a felony and, upon conviction,

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shall be punished by imprisonment for not less than one nor more than five years. Upon conviction for a second or subsequent such violation, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years."

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

Approved April 24, 2014.

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CRIMES AND OFFENSES FOOD, DRUGS, AND COSMETICS ALCOHOLIC BEVERAGES IMMUNITY FOR PERSONS SEEKING MEDICAL ASSISTANCE FOR DRUG OR ALCOHOL OVERDOSE; AUTHORIZE USE OF OPIOID ANTAGONISTS PURSUANT TO PROTOCOL.

No. 616 (House Bill No. 965).

AN ACT

To amend Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to controlled substances, so as to provide immunities from certain arrests, charges, or prosecutions for persons seeking medical assistance for a drug overdose; to provide for a short title; to provide for legislative findings; to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to authorize licensed health practitioners to prescribe opioid antagonists to certain individuals and entities pursuant to a protocol; to provide for legislative findings; to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to authorize emergency medical services personnel to administer opioid antagonists; to authorize first responders to maintain and administer opioid antagonists; to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, use of false identification, proper identification, dispensing, serving, selling, or handling by persons under 21 years of age in the course of employment, and seller's actions upon receiving false identification, so as to provide immunities from certain arrests, charges, or prosecutions for persons seeking medical assistance for an alcohol related overdose; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1. This part shall be known and may be cited as the "Georgia 9-1-1 Medical Amnesty Law."

SECTION 1-2. WHEREAS, according to the Atlanta Journal Constitution ("AJC"), more than 600,000 Americans used heroin in 2012, which is nearly double the number from five years earlier according to health officials; and

WHEREAS, the AJC article states that "[t]he striking thing about heroin's most recent incarnation is that a drug that was once largely confined to major cities is spreading into suburban and rural towns across America, where it is used predominantly by young adults between the ages of 18 and 29"; and

WHEREAS, the Drug Enforcement Agency has noted that the "skyrocketing" increase in the availability of cheap heroin is a direct reaction by cartels to legislative efforts to regulate and restrict access to opiate prescription painkillers; and

WHEREAS, Stephen Cardiges of Lawrenceville died of an accidental heroin overdose; and

WHEREAS, Randall Brannen of McDonough died of an accidental overdose; and

WHEREAS, Stephen and Randall are a part of a growing trend of drug overdose victims in Georgia; and

WHEREAS, those who were with them did not call 9-1-1 to seek medical assistance, which could have saved their lives, because of a fear of prosecution for the possession and use of illegal drugs; and

WHEREAS, Overdose Reporting/Medical Amnesty legislation, or "9-1-1 Good Samaritan Laws," have been passed in 14 states, including Florida and North Carolina, and is under consideration in several more; and

WHEREAS, in North Carolina, it is believed that at least 20 lives have been saved since passage last year of similar legislation, and in Massachusetts it is believed that more than 120 lives have been saved since passage of similar legislation in that state in 2012; and

WHEREAS, overdose deaths result from a variety of substances, including prescription painkillers, heroin, methamphetamine, designer drugs, and alcohol.

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SECTION 1-3. Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to controlled substances, is amended by adding a new Code section to read as follows:
"16-13-5. (a) As used in this Code section, the term:
(1) 'Drug overdose' means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlled substance or dangerous drug by the distressed individual in violation of this chapter or that a reasonable person would believe to be resulting from the consumption or use of a controlled substance or dangerous drug by the distressed individual. (2) 'Drug violation' means:
(A) A violation of subsection (a) of Code Section 16-13-30 for possession of a controlled substance if the aggregate weight, including any mixture, is less than four grams of a solid substance, less than one milliliter of liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than four grams; (B) A violation of paragraph (1) of subsection (j) of Code Section 16-13-30 for possession of less than one ounce of marijuana; or (C) A violation of Code Section 16-13-32.2, relating to possession and use of drug related objects. (3) 'Medical assistance' means aid provided to a person by a health care professional licensed, registered, or certified under the laws of this state who, acting within his or her lawful scope of practice, may provide diagnosis, treatment, or emergency medical services. (4) 'Seeks medical assistance' means accesses or assists in accessing the 9-1-1 system or otherwise contacts or assists in contacting law enforcement or a poison control center and provides care to a person while awaiting the arrival of medical assistance to aid such person. (b) Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of such drug violation resulted solely from seeking such medical assistance. Any person who is experiencing a drug overdose and, in good faith, seeks medical assistance for himself or herself or is the subject of such a request shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of such drug violation resulted solely from seeking such medical assistance. Any such person shall also not be subject to, if related to the seeking of such medical assistance: (1) Penalties for a violation of a permanent or temporary protective order or restraining order; or

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(2) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation. (c) Nothing in this Code section shall be construed to limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (b) of this Code section or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to subsection (b) of this Code section. Nothing in this Code section shall be construed to limit any seizure of evidence or contraband otherwise permitted by law. Nothing in this Code section shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection (b) of this Code section."

PART II SECTION 2-1. WHEREAS, Naloxone is an opioid antagonist developed to counter the effects of opiate overdose, specifically the life-threatening depression of the central nervous and respiratory systems; and

WHEREAS, Naloxone is clinically administered via intramuscular, intravenous, or subcutaneous injection; and

WHEREAS, Naloxone is administered outside of a clinical setting or facility intranasally via nasal atomizer; and

WHEREAS, the American Medical Association supported the lay administration of this life-saving drug in 2012; and

WHEREAS, similar Naloxone access laws have reversed more than 10,000 opioid overdoses by lay people in other states; and

WHEREAS, the American Medical Association acknowledged that "fatalities caused by opioid overdose can devastate families and communities, and we must do more to prevent these unnecessary deaths"; and

WHEREAS, the National Institutes of Health found that Naloxone "lacks any psychoactive or addictive qualities ... without any potential for abuse...[and] medical side-effects or other problematic unintended consequences associated with Naloxone have not been reported"; and

WHEREAS, any administration of Naloxone to an individual experiencing an opioid overdose must be followed by professional medical attention and treatment.

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SECTION 2-2. Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended by adding a new Code section to read as follows:
"26-4-116.2. (a) As used in this Code section, the term:
(1) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies. (2) 'Harm reduction organization' means an organization which provides direct assistance and services, such as syringe exchanges, counseling, homeless services, advocacy, drug treatment, and screening, to individuals at risk of experiencing an opioid related overdose. (3) 'Opioid antagonist' means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose. (4) 'Opioid related overdose' means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined for which medical assistance is required. (5) 'Pain management clinic' means a clinic licensed pursuant to Article 10 of Chapter 34 of Title 43. (6) 'Practitioner' means a physician licensed to practice medicine in this state. (b) A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may prescribe an opioid antagonist for use in accordance with a protocol specified by such practitioner to a person at risk of experiencing an opioid related overdose or to a pain management clinic, first responder, harm reduction organization, family member, friend, or other person in a position to assist a person at risk of experiencing an opioid related overdose. (c) A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists pursuant to a prescription issued in accordance with subsection (b) of this Code section. (d) A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid related overdose may administer an opioid antagonist that was prescribed pursuant to subsection (b) of this Code section in accordance with the protocol specified by the practitioner. (e) The following individuals are immune from any civil or criminal liability or professional licensing sanctions for the following actions authorized by this Code section:

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(1) Any practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this Code section; (2) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist pursuant to a prescription issued in accordance with subsection (b) of this Code section; and (3) Any person acting in good faith, other than a practitioner, who administers an opioid antagonist pursuant to subsection (d) of this Code section."

SECTION 2-3. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended in Code Section 31-11-53, relating to services which may be rendered by certified emergency medical technicians and trainees, by revising subsection (a) as follows:
"(a) Upon certification by the department, emergency medical technicians may do any of the following:
(1) Render first-aid and resuscitation services as taught in the United States Department of Transportation basic training courses for emergency medical technicians or an equivalent course approved by the department; and (2) Upon the order of a duly licensed physician, administer approved intravenous solutions and opioid antagonists."

SECTION 2-4. Said chapter is further amended in Code Section 31-11-54, relating to services which may be rendered by paramedics and paramedic trainees, by revising subsection (a) as follows:
"(a) Upon certification by the department, paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsection (a) of Code Section 31-11-55, paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glucose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others, and administration of opioid antagonists; (2) Cardioversion; and (3) Endotracheal suction."

SECTION 2-5. Said chapter is further amended in Code Section 31-11-55, relating to services which may be rendered by certified cardiac technicians and trainees, by revising subsection (a) as follows:

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"(a) Upon certification by the department, cardiac technicians may do any of the following: (1) Render first-aid and resuscitation services; (2) Upon the order of a duly licensed physician and as recommended by the Georgia Emergency Medical Services Advisory Council and approved by the department: (A) Perform cardiopulmonary resuscitation and defibrillation in a hemodynamically unstable patient; (B) Administer approved intravenous solutions; (C) Administer parenteral injections of antiarrhythmic agents, vagolytic agents, chronotropic agents, alkalizing agents, analgesic agents, and vasopressor agents or administer opioid antagonists; and (D) Perform pulmonary ventilation by esophageal airway and endotracheal intubation."

SECTION 2-6. Said chapter is further amended in Article 3, relating to emergency medical services personnel, by adding a new Code section to read as follows:
"31-11-55.1. (a) As used in this Code section, the term:
(1) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies. (2) 'Opioid antagonist' means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose. (3) 'Opioid related overdose' means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined. (b) An opioid antagonist may be administered or provided by any first responder for the purpose of saving the life of a person experiencing an opioid related overdose. In order to ensure public health and safety: (1) All first responders who have access to or maintain an opioid antagonist obtain appropriate training as set forth in the rules and regulations of the Department of Public Health; (2) All law enforcement agencies, fire departments, rescue agencies, and other similar entities shall notify the appropriate emergency medical services system of the possession and maintenance of opioid antagonists by its personnel; and

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(3) Within a reasonable period of time, all first responders who administer or provide an opioid antagonist shall make available a printed or electronically stored report to the licensed ambulance service which transports the patient. (c) A pharmacy licensed in this state may issue opioid antagonists to first responders for use pursuant to this Code section in the same manner and subject to the same requirements as provided in Code Section 26-4-116. (d) Any first responder who gratuitously and in good faith renders emergency care or treatment by administering or providing an opioid antagonist shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts without gross negligence or intent to harm or as an ordinary reasonably prudent person would have acted under the same or similar circumstances, even if such individual does so without benefit of the appropriate training. This subsection includes paid persons who extend care or treatment without expectation of remuneration from the patient or victim for receiving the opioid antagonist."

PART IIA SECTION 2A-1.

Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, use of false identification, proper identification, dispensing, serving, selling, or handling by persons under 21 years of age in the course of employment, and seller's actions upon receiving false identification, is amended by adding a new subsection to read as follows:
"(j)(1) As used in this subsection, the term: (A) 'Alcohol related overdose' means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of alcohol or that a layperson would reasonably believe to be resulting from the consumption or use of alcohol for which medical assistance is required. (B) 'Medical assistance' means aid provided to a person believed to be experiencing an alcohol related overdose by a health care professional licensed, registered, or certified under the laws of this state who, acting within his or her lawful scope of practice, may provide diagnosis, treatment, or emergency services relative to such overdose. (C) 'Seeks medical assistance' means accesses or assists in accessing the 9-1-1 system or otherwise contacts or assists in contacting law enforcement or a poison control center or provides care to a person experiencing or believed to be experiencing an alcohol related overdose while awaiting the arrival of medical assistance to aid such person.
(2) Any person who in good faith seeks medical assistance for someone who is experiencing an alcohol related overdose shall not be arrested, charged, or prosecuted for a violation of paragraphs (2) through (5) of subsection (a) of this Code section if the

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evidence for the arrest, charge, or prosecution of such violation resulted from seeking such medical assistance. Any person who is experiencing an alcohol related overdose and, in good faith, seeks medical assistance for himself or herself or is the subject of such a request shall not be arrested, charged, or prosecuted for a violation of paragraphs (2) through (5) of subsection (a) of this Code section if the evidence for the arrest, charge, or prosecution of such violation resulted from seeking such medical assistance. Any such person shall also not be subject to:
(A) Penalties for a violation of a permanent or temporary protective order or restraining order; or (B) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a violation of paragraphs (2) through (5) of subsection (a) of this Code section. (3) Nothing in this subsection shall be construed to limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of paragraph (2) of this subsection or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to paragraph (2) of this subsection. Nothing in this subsection shall be construed to limit any seizure of evidence or contraband otherwise permitted by law. Nothing herein shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in paragraph (2) of this subsection."

PART III SECTION 3-1. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Parts I and II of this Act shall apply to all acts committed on or after such effective date.

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

Approved April 24, 2014.

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STATE GOVERNMENT OPEN RECORDS; RELEASE OF RECORDINGS OF 9-1-1 CALLS.

No. 617 (House Bill No. 449).

AN ACT

To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of agency records is not required, so as to change certain provisions relating to the release of audio recordings of 9-1-1 telephone calls; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of agency records is not required, is amended in subsection (a) by adding a new paragraph to read as follows:
"(26.1) In addition to the exemption provided by paragraph (26) of this subsection, audio recordings of a 9-1-1 telephone call to a public safety answering point which contain the speech in distress or cries in extremis of a caller who died during the call or the speech or cries of a person who was a minor at the time of the call, except to the following, provided that the person seeking the audio recording of a 9-1-1 telephone call submits a sworn affidavit that attests to the facts necessary to establish eligibility under this paragraph:
(A) A duly appointed representative of a deceased caller's estate; (B) A parent or legal guardian of a minor caller; (C) An accused in a criminal case when, in the good faith belief of the accused, the audio recording of the 9-1-1 telephone call is relevant to his or her criminal proceeding; (D) A party to a civil action when, in the good faith belief of such party, the audio recording of the 9-1-1 telephone call is relevant to the civil action; (E) An attorney for any of the persons identified in subparagraphs (A) through (D) of this paragraph; or (F) An attorney for a person who may pursue a civil action when, in the good faith belief of such attorney, the audio recording of the 9-1-1 telephone call is relevant to the potential civil action;"

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

Approved April 24, 2014.

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PUBLIC OFFICERS AND EMPLOYEES CAPITOL ARTS STANDARDS COMMISSION; DESIGNATION OF AREAS WITHIN CAPITOL MUSEUM AS GEORGIA CAPITOL AGRICULTURAL HISTORY MUSEUM AREAS.

No. 618 (Senate Bill No. 274).

AN ACT

To amend Part 2 of Article 4 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Capitol Arts Standards Commission, so as to provide for the designation of areas within the capitol museum as the Georgia Capitol Agricultural History Museum areas; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 4 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Capitol Arts Standards Commission, is amended by revising Code Section 45-13-71, relating to duties and responsibilities of the commission, as follows:
"45-13-71. The Capitol Art Standards Commission shall have the following duties and responsibilities:
(1) To meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor; (2) To maintain minutes of its meetings; (3) To adopt rules and regulations for the transaction of its business; (4) To organize itself as it deems appropriate to carry out its functions; (5) To be responsible for developing policies and procedures for and to oversee the acquisition, installation, preservation, maintenance, display, and storage of all capitol artwork. As used in this part, the term 'capitol artwork' means visual art of museum quality owned by the State of Georgia that is displayed in or on the grounds of the capitol

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or is held for the purpose of future display to include, but not be limited to, portraits, paintings, sculptures, and plaques. The Georgia Capitol Museum shall remain responsible for the documentation, appraisal, control, handling, and conservation of the present and future artwork in the capitol art collection; (6) To establish a collection policy for all capitol artwork; (7) To develop standards and procedures for determining whether to acquire new artwork which shall include criteria for judging the relevance of the subject, the historical significance to the State of Georgia, and the quality of the artwork produced and an approval process for such acquisitions. No artwork shall be acquired or installed without final approval of the commission; (8) To develop a process for the selection, placement, installation, and rotation of capitol artwork in the capitol, in the capitol museum, in the areas of the capitol museum designated as the Georgia Capitol Agricultural History Museum areas, and on the capitol grounds; (9) To develop policies and procedures for outgoing loans from the capitol art collection and for temporary displays of artwork in the capitol, in the capitol museum, in the areas of the capitol museum designated as the Georgia Capitol Agricultural History Museum areas, and on the capitol grounds; (10) To develop deaccession policies and procedures for artwork in the capitol art collection that should be removed based upon poor quality or lack of relevance or similar factors; and (11) To perform such other duties and responsibilities as required by law."

SECTION 2. Said part is further amended by revising Code Section 45-13-72, relating to the submission of recommendations to achieve highest museum standards, as follows:
"45-13-72. (a) The Capitol Art Standards Commission may recommend to the Governor and the General Assembly changes in state statutes, policies, budgets, and standards relating to the capitol art collection, with the objective of keeping the collection at the highest museum standards. (b) The Capitol Art Standards Commission, in cooperation with the Board of Regents of the University System of Georgia and the Commission on the Preservation of the State Capitol, shall designate areas within the capitol museum as the Georgia Capitol Agricultural History Museum areas. Such areas shall include information, artifacts, photographs, monuments, or other related items which tell the history and importance of agriculture to this state's economic growth. Except as provided for in this part, the Georgia Capitol Agricultural History Museum areas of the capitol museum shall be maintained, operated, and managed in the same manner as the other areas of the capitol museum."

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SECTION 3. Said part is further amended by revising Code Section 45-13-73, relating to funding for the capitol museum, as follows:
"45-13-73. (a) The Capitol Art Standards Commission may accept federal funds granted by Congress or executive order for the purposes of this part as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not commit state funds and shall not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. (b) The Capitol Art Standards Commission may accept gifts and donations from individuals, private organizations, and foundations which have been designated for the purpose of providing for and maintaining capitol artwork for the Georgia Capitol Agricultural History Museum areas. Such designated funds received by the commission shall be maintained in a separate, interest-bearing account and shall not lapse. Such funds shall only be expended on the establishment and maintenance of the Georgia Capitol Agricultural History Museum areas."

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

Approved April 24, 2014.

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CIVIL PRACTICE CONSERVATION AND NATURAL RESOURCES PROPERTY TORTS TIMBER CUTTING; STATUTE OF LIMITATIONS; STATE FORESTRY COMMISSION INVESTIGATIONS; WOOD LOAD TICKETS; REPEAL PROVISIONS REGARDING PROCESSIONING; DEFENSE TO LIABILITY FOR UNAUTHORIZED CUTTING OF TIMBER; MEASURE OF DAMAGES.

No. 619 (House Bill No. 790).

AN ACT

To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide for a four-year statute of limitations

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for actions involving the cutting or cutting and carrying away of timber from the property of another; to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to provide additional enforcement authority to commission investigators; to amend Code Section 12-6-23 of the Official Code of Georgia Annotated, relating to wood load ticket required for wood removal, so as to require purchasers to provide the proper tickets to sellers of timber within 20 days; to amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to real estate boundary determinations, so as to repeal provisions relating to processioning; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to the unauthorized cutting or cutting and carrying away of timber; to provide that a certain right of action shall not be applicable in certain cases; to provide a defense to tort liability for timber sellers who establish property boundaries; to provide for measures of damages for converted timber; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, is amended by revising Code Section 9-3-32, relating to damages for conversion or destruction, as follows:
"9-3-32. Actions for the recovery of personal property, or for damages for the conversion or destruction of the same, shall be brought within four years after the right of action accrues, and actions involving the unauthorized cutting or cutting and carrying away of timber from the property of another shall be brought within four years after the cutting or cutting and carrying away of timber."

SECTION 2. Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, is amended by revising Code Section 12-6-20, relating to forestry investigators, as follows:
"12-6-20. (a) As used in this Code section, the term 'forestry laws' means laws relating to forestry or timber resources and the protection, security, conservation, or sale of such resources. (a.1) The director, with the approval of the commission, may appoint investigators to enforce the forestry laws of this state. (b) The investigators so appointed and any fire-fighting crews under their direction may enter upon any land for the purpose of preventing and suppressing fires and enforcing the fire and other forestry laws of this state.

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(c) Investigators who have been so appointed shall be certified by the Georgia Peace Officer Standards and Training Council after having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and thereafter shall be authorized and empowered to:
(1) Make summary arrests for violations of the fire and other forestry laws of this state; and, in case of such arrests, the investigator shall as soon as possible deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed; (2) Arrest persons accused of violating any law which such investigators are empowered to enforce by the issuance of a citation, provided that the offense is committed in the presence of the investigator or information concerning the offense constituting a basis for arrest was received by the arresting investigator from a law enforcement officer, commission firefighter, or forester who observed the offense being committed. The arresting investigator may issue to the accused person a citation which shall enumerate the specific charges against such person and the date upon which such person is to appear and answer such charges. Whenever an arrest is made by the arresting investigator on the basis of information received from another law enforcement officer, commission firefighter, or forester who observed the offense being committed, such citation shall list the name of each officer, firefighter, or forester and each officer, firefighter, or forester shall be present when the charges against the offender are heard; (3) Execute search warrants and arrest warrants for criminal violations relating to the forestry laws of this state and to arrest, upon probable cause and without warrant, any person the investigator observes violating any criminal law of this state while carrying out his or her duties, provided that such person shall immediately be delivered to the sheriff of the county where the violation occurred; and (4) Carry weapons in order to execute their enforcement authority under this Code section. (d)(1) Upon initiating any investigation regarding the potential theft or conversion of timber, the investigator shall promptly notify the sheriff or other law enforcement agency exercising jurisdiction within the county or municipality in which the investigator is conducting such investigation. No investigator shall request any other state law enforcement agency to render assistance in any investigation relating to the theft or conversion of timber without the consent of the sheriff or other law enforcement agency exercising jurisdiction within the county or municipality in which the investigation is conducted. (2) The director may, and in the case of a request by the Governor shall, authorize and direct investigators to cooperate with and render assistance to any law enforcement agency of this state or of any political subdivision of this state in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of any person who violates the criminal laws of this state, any other state, or the United States,

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upon a request by the sheriff or chief law enforcement officer of any political subdivision of this state or by the Governor. (3) Nothing in this Code section shall repeal, supersede, alter, affect, or otherwise usurp the power of any other law enforcement officer of this state or of any political subdivision of this state. (e) If any person charged by citation as provided in paragraph (2) of subsection (c) of this Code section shall fail to appear in court as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he or she be brought before the court to answer the charge contained within such citation and the charge of his or her failure to appear as required. Such person shall then be allowed to make a reasonable bond to appear on a given date before the court."

SECTION 3. Code Section 12-6-23 of the Official Code of Georgia Annotated, relating to wood load ticket required for wood removal, is amended by revising subsection (a) as follows:
"(a) Any person, company, corporation, or others purchasing timber from lands in Georgia shall, within 20 days of removal of such timber, furnish the seller of timber a scale ticket for each and every load of wood removed, when such load is sold by weight, cord, or measure of board feet. A scale ticket shall include information clearly understandable to the seller as follows:
(1) Ticket number; (2) Name and location of the person or company and its facility where the load of wood is received and weighed or measured; (3) Date wood was received at such facility; (4) Tract name; (5) County and state of origin; (6) Dealer name (if any); (7) Producer or logging company name; (8) Species of wood; (9) Weight or scale information. If the load is measured by weight, the gross, tare, and net weights shall be shown. If the load is measured by scale, the total volume shall be shown; (10) Weight, scale, or amount of wood deducted and the deduction classification (cull, undersize, metal, knots, etc.); and (11) Name of the person receiving, weighing, or scaling the wood."

SECTION 4. Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to real estate boundary determinations, is amended by repealing Article 1, relating to processioning, and designating such article as reserved.

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SECTION 5. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Code Section 51-10-6, relating to owner's right of action for damage to or theft of personal property, by adding a new subsection to read as follows:
"(h) The measure of damages provided for in this Code section shall not be applicable in cases involving the unauthorized cutting or cutting and carrying away of timber from the property of another. In such cases, damages shall be awarded in accordance with Code Section 51-12-50."

SECTION 6. Said title is further amended in Article 1 of Chapter 11, relating to defenses to tort actions generally, by adding a new Code section to read as follows:
"51-11-10. There shall be a rebuttable presumption that a property owner selling timber from his or her land and acting in good faith shall not be liable to adjoining landowners for any trespass or conversion of property caused by a third party timber harvester who is not subject to the control and direction of the property owner selling timber if, prior to the harvesting of such timber:
(1) A land surveyor possessing a certificate of registration issued by the State Board of Registration for Professional Engineers and Land Surveyors has surveyed the property from which the timber is to be harvested and plainly established and clearly marked the metes and bounds of the property such that a reasonable person would know or should have known of the existence of such markings when harvesting the timber and has provided a copy of that survey to the third-party timber harvester; (2) The boundaries of the property from which timber is sold have been completely and accurately indicated using physical markers that are clearly visible such that a reasonable person would know or should have known of the existence of such physical markers; or (3) The property owner has obtained a document indicating where the boundaries are and signed by adjoining landowners indicating that they agree on the location of such boundaries and has provided a copy of such document to the third-party timber harvester; provided, however, that such document shall only create a presumption in favor of the property owner with regard to those landowners who have signed such document."

SECTION 7. Said title is further amended by revising Code Section 51-12-50, relating to measure of damages for converted timber, as follows:
"51-12-50. (a) Except as provided in Code Section 51-12-51, when a plaintiff recovers for timber cut or cut and carried away, the measure of damages shall be:
(1) Treble the fair market value of the trees cut as they stood; (2) Treble the diminished fair market value of any trees incidentally harmed;

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(3) Costs of reasonable reforestation activities related to the plaintiff's injury; and (4) Attorney fees and expenses of litigation. (b) When the defendant is a willful trespasser, the plaintiff may also recover punitive damages. (c) When the boundary lines of the property have been clearly and accurately marked, it shall be presumed that the defendant was a willful trespasser."

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

Approved April 24, 2014.

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REVENUE AND TAXATION SALES AND USE TAXES; DEFINITION.

No. 620 (House Bill No. 816).

AN ACT

To amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions relative to state sales and use taxes, so as to change a certain definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions relative to state sales and use taxes, is amended by revising paragraph (10) as follows:
"(10) 'Delivery charges' means charges by the seller of personal property or services for preparation and delivery to a location designated by the purchaser of personal property or services including, but not limited to, transportation, shipping, postage, handling, crating, and packing. Delivery charges shall not include postage charges for the delivery of direct mail when the postage charge is passed on dollar-for-dollar without being marked up to the purchaser of the direct mail and separately stated on an invoice or other similar billing document given to the purchaser."

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

Approved April 24, 2014.

__________

RETIREMENT AND PENSIONS MAGISTRATES RETIREMENT FUND; RETIREMENT BENEFIT;
MEMBERSHIP DUES; MAXIMUM AVERAGE FINAL MONTHLY COMPENSATION.

No. 621 (House Bill No. 292).

AN ACT

To amend Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the Magistrates Retirement Fund of Georgia, so as provide for a certain retirement benefit; to change the membership dues; to provide for the calculation of dues and benefits for certain members; to establish the maximum average final monthly compensation calculated in determining benefits; 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 25 of Title 47 of the Official Code of Georgia Annotated, relating to the Magistrates Retirement Fund of Georgia, is amended by revising subsection (b) of Code Section 47-25-21, relating to the secretary-treasurer, as follows:
"(b) The secretary-treasurer shall be paid retirement benefits upon retiring in an amount equal to the minimum retirement benefit provided under Code Section 47-25-81."

SECTION 2. Said chapter is further amended by revising Code Section 47-25-41, relating to member dues, as follows:
"47-25-41. Each member shall pay into the fund as dues a sum equal to 3.42 percent of the member's maximum average final monthly compensation established by subsection (a) of Code Section 47-25-81 per month. Each month's dues shall be paid not later than the tenth day of that month."

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SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"47-25-42. No compensation used to calculate a retirement benefit under the Judges of the Probate Courts Retirement Fund of Georgia shall be used to calculate member dues or retirement benefits under this chapter."

SECTION 4. Said chapter is further amended by revising Code Section 47-25-81, relating to amount of benefits, as follows:
"47-25-81. (a) Any member who is approved for retirement benefits as provided in Code Section 47-25-80 shall be paid a monthly sum equal to 4 percent of his or her average final monthly compensation for each year served by the member up to, but not exceeding, a total of 20 years; provided, however, that the final annual compensation used for calculating a benefit under this Code section shall not exceed $42,781.22 or the amount fixed in the following schedule according to county population, whichever amount is higher:

Population

Maximum Average Final Monthly Compensation

500,000 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,247.87

400,000 - 499,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,975.70

300,000 - 399,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,703.53

250,000 - 299,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,072.65

200,000 - 249,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,594.17

150,000 - 199,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,132.49

100,000 - 149,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,797.70

75,000 - 99,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,490.76

50,000 - 74,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,183.47

39,000 - 49,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,732.53

29,000 - 38,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,512.80

20,000 - 28,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,293.34

11,890 - 19,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,073.88

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6,000 - 11,889 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,713.53
0 - 5,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,975.98 (b) The board of commissioners is authorized to adopt from time to time a method or methods of providing for increases in the maximum final monthly compensation used for calculating a benefit as provided in this Code section. Such method or methods shall be based upon:
(1) The recommendation of the actuary of the board of commissioners; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant; provided, however, that any such increase shall be uniform and shall apply equally to all members of this retirement system. No time for which dues have not been paid in accordance with Code Section 47-25-41 shall be considered in determining the number of years of service."
SECTION 5. This Act shall become effective on July 1, 2014, 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, 2014, as required by subsection (a) of Code Section 47-20-50.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 24, 2014.

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LAW ENFORCEMENT OFFICERS AND AGENCIES MOTOR VEHICLES STACEY NICOLE ENGLISH ACT; PROHIBIT MINIMUM WAITING PERIODS FOR MISSING PERSON REPORTS; EMERGENCY CONTACT INFORMATION ON VEHICLE REGISTRATION FORMS.

No. 622 (Senate Bill No. 23).

AN ACT

To establish the "Stacey Nicole English Act" and in her honor to aid in the location of missing persons who may be incapacitated due to serious medical conditions; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit minimum waiting periods for initiating a missing person report; to authorize a state-wide endangered person advisory based on a missing person's severe medical condition; to amend Code Section 40-2-26 of the Official Code of Georgia Annotated, relating to form and contents of application for registration of motor vehicles, so as to provide for emergency contact information in vehicle application registration forms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Stacey Nicole English Act."

SECTION 2. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-18. No law enforcement agency shall implement a policy or practice which mandates a minimum waiting period before initiating a missing person report with such agency; provided, however, that it shall remain within the discretion of the law enforcement agency to determine what action, if any, is required in response to such a report."

SECTION 3. Said title is further amended by revising Article 7 of Chapter 3, relating to the state-wide alert system for missing disabled adults, as follows:

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"ARTICLE 7

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

35-3-171. As used in this article, the term:
(1) 'Alert system' means the state-wide 'Mattie's Call' alert system for missing disabled adults and medically endangered persons. (2) 'Disabled adult' means an adult who is developmentally impaired or who suffers from dementia or some other cognitive impairment. (3) 'Local law enforcement agency' means a law enforcement agency with jurisdiction over the investigation of a missing disabled adult or other medically endangered person. (4) 'Medically endangered person' means a person with a known medical condition that might reasonably cause such person to become incapacitated or that may result in life-threatening physiological conditions likely to lead to serious bodily injury or death if not immediately treated.

35-3-172. (a) With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the bureau shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults and medically endangered persons. (b) Activation of a state-wide missing person alert system shall not prevent or prohibit any other state or local law enforcement agency from taking additional measures in response to the receipt of a missing person report.

35-3-173. (a) The director is the state-wide coordinator of the alert system. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives shall include instructions on the procedures for activating and deactivating the alert system. (c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system. (d) No rule or directive adopted by the director shall mandate a minimum waiting period before the alert system may be activated or a request by local law enforcement agencies may be submitted to the bureau; provided, however, that it shall remain within the discretion of the director, as provided in this article, whether the alert system shall be activated at the request of a local law enforcement agency. (e) When making a determination whether to activate or whether to request the activation of a state-wide missing person alert system, both the director and the requesting local law

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enforcement agency shall take into consideration the known medical condition of the missing person if the medical condition may reasonably be considered a cause for the inability to locate such missing person. In so considering the medical condition of a missing person, particularly if such condition may be immediately life-threatening or incapacitating, the director or other authorized person and the requesting law enforcement official shall be authorized, within his or her discretion, to initiate and request, respectively, a state-wide endangered person advisory.

35-3-174. The staff of personal care homes and assisted living communities shall call the local police department to report the elopement of any disabled person from the home within 30 minutes of the staff's receiving actual knowledge that such person is missing from the home.

35-3-175. (a) The bureau shall recruit public and commercial television, radio, cable, print, and other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. (b) The bureau may enter into agreements with participants in the alert system to provide necessary support for the alert system.

35-3-176. (a) On notification by a local law enforcement agency that a disabled adult or medically endangered person is missing, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:
(1) A local law enforcement agency believes that a disabled adult or medically endangered person is missing; (2) A local law enforcement agency believes that the disabled adult or medically endangered person is in immediate danger of serious bodily injury or death; (3) A local law enforcement agency confirms that an investigation has taken place that verifies the disappearance and eliminates alternative explanations for the disabled adult's or medically endangered person's disappearance; and (4) Sufficient information is available to disseminate to the public that could assist in locating the disabled adult or medically endangered person. (b) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the disabled adult or medically endangered person did not leave a certain geographic location. (c) The bureau may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system.

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35-3-177. Before requesting activation of the alert system, a law enforcement agency shall verify that the criteria described by subsection (a) of Code Section 35-3-176 have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature of the disabled adult or medically endangered person and the circumstances surrounding the disappearance. On verification of the criteria, the law enforcement agency shall immediately contact the bureau to request activation and shall supply the necessary information on the forms prescribed by the director.

35-3-178. (a) A state agency participating in the alert system shall:
(1) Cooperate with the bureau and assist in developing and implementing the alert system; (2) Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated; and (3) Utilize a rapid response telephone system that alerts residents in a targeted area. (b) The Georgia Lottery Corporation is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations.

35-3-179. The director shall terminate any activation of the alert system with respect to a particular disabled adult or medically endangered person if:
(1) The person is located or the disappearance is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating and recovering the disabled adult or medically endangered person.

35-3-180. (a) Any entity or individual participating in the 'Mattie's call' alert system pursuant to this article shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Mattie's call' alert system. (b) Nothing in this article shall be construed to limit or restrict in any way any legal protection an individual or entity may have under any other law for disseminating any information."

SECTION 4. Code Section 40-2-26 of the Official Code of Georgia Annotated, relating to form and contents of application for registration of motor vehicles, is amended by revising subsection (b) as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(b) Application shall be made by the owner of the vehicle upon blanks prepared by the commissioner for such purposes. The application shall contain a statement of the name, place of residence, and address of the applicant; a brief description of the vehicle to be registered, including its name and model, the name of the manufacturer, the manufacturer's vehicle identification number, and its shipping weight and carrying capacity; from whom, where, and when the vehicle was purchased; the total amount of all liens, if any, thereon, with the name and address of the lienholder; and such other information as the commissioner may require. In addition, the commissioner shall provide to an applicant an opportunity to designate an alternative emergency contact telephone number that shall be made available to a law enforcement officer making a vehicle tag inquiry in the course of conducting official law enforcement business."

SECTION 5. This Act shall become effective on July 1, 2013; provided, however, that Section 4 shall become effective on January 1, 2014.

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

Approved April 24, 2014.

__________

PUBLIC OFFICERS AND EMPLOYEES PROPERTY OF DECEASED PERSON SHALL NOT BE CONVERTED TO PERSONAL USE OF CORONER OR MEDICAL EXAMINER; PROPERTY RETURNED TO NEXT OF KIN WHEN NO LONGER NEEDED IN INVESTIGATION OR PROSECUTION.

No. 623 (Senate Bill No. 383).

AN ACT

To amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to duties of coroner or county medical examiner upon receipt of notice of suspicious or unusual death, authority to embalm body, identification, inventory and disposition of deceased's property, use of deceased's property for evidence, and autopsy when death occurs on state owned property, so as to provide that property of value of a deceased person of which a coroner or medical examiner takes possession shall not be converted to the coroner or medical examiner's personal use; to provide that property of value of which the coroner or

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medical examiner takes possession for use in determining the cause or manner of death of the deceased or to identify the deceased shall be returned to the next of kin of the deceased when no longer needed in the investigation or for evidence in a prosecution; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to duties of coroner or county medical examiner upon receipt of notice of suspicious or unusual death, authority to embalm body, identification, inventory and disposition of deceased's property, use of deceased's property for evidence, and autopsy when death occurs on state owned property, is amended by revising subsection (c) as follows:
"(c) The coroner or county medical examiner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his or her report, and surrender the same to the person entitled to its custody or possession. In no circumstance shall any property of value found on or belonging to the deceased be converted to the personal use of the coroner or county medical examiner. The coroner, medical examiner, or peace officer shall take possession of any objects, anatomical specimens, or articles which, in his or her opinion, may be helpful in establishing the cause of death, manner of death, or identification of the deceased; and in cooperation with a forensic laboratory he or she may make such tests and examinations of said objects, specimens, or articles as may be necessary or useful in determining the cause of death, manner of death, or the identity of the deceased. At his or her discretion, the medical examiner or coroner may dispose of such objects, specimens, or articles when the medical examiner's or coroner's need for their retention has ended, provided that any property of value shall be returned to the next of kin of the deceased when no longer needed in the investigation or for evidence in a prosecution. Any coroner who converts property of a deceased to his or her personal use shall be guilty of a violation of Code Section 16-18-4 and upon conviction shall be punished as provided in paragraph (3) of subsection (a) of Code Section 16-18-12. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them shall be retained in the custody of the investigating agency or the forensic laboratory which conducted the examination until their production as evidence is required by the prosecuting officer or upon written order of the peace officer in charge or court having proper jurisdiction."

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

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

Approved April 24, 2014.

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MOTOR VEHICLES AND TRAFFIC ALCOHOLIC BEVERAGES COURTS CRIMINAL PROCEDURE INSURANCE PENAL INSTITUTIONS; PROFESSIONS AND BUSINESSES WATERS OF THE STATE, PORTS, AND WATERCRAFT CERTIFICATION AND APPROVAL OF DRIVER IMPROVEMENT PROGRAMS; DRIVING WITHOUT LICENSE; EXAMINATION OF LICENSE APPLICANTS; PARKING DECAL FOR DISABLED PERSONS; WAIVER OF FEES FOR CERTAIN LICENSES.

No. 624 (Senate Bill No. 298).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to enact recommendations of the House Comprehensive Motor Vehicle and Traffic Reform Study Committee; to correct cross-references; to amend Code Section 3-3-23.1, Article 1 of Chapter 18 of Title 15, Code Sections 17-10-3, 33-9-42, and 42-8-112, Title 40, Title 43, and Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to procedures and penalties for furnishing alcohol to persons under 21 years of age, general provisions for prosecuting attorneys, punishment for misdemeanors generally, reduction in premiums for motor vehicle liability, first-party medical, and collision coverages, timing for the issuance of certain limited driving permits, motor vehicles and traffic, professions and businesses, and general provisions for registration, operation, and sale of watercraft, respectively, so as to clarify provisions relating to the Department of Driver Services' certification and approval of certain driver improvement programs; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to clarify provisions relating to driving without a driver's license and examination of license applicants; to provide for an additional method of demonstrating proof of license; to amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special vehicle decals for persons with disabilities, so as to provide for the submission of a doctor's prescription with an application for a special parking decal in lieu of an affidavit; to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under

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the influence of alcohol, drugs, or other intoxicating substances, so as to require the completion of certain educational programs within a determined time-frame; to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to increase the fees that may be charged; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for Class E and Class F drivers' licenses free of charge to qualified volunteer firefighters; to revise the contents for certain documents issued by the department; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I DEPARTMENT OF DRIVER SERVICES CERTIFIED OR APPROVED DRIVING PROGRAMS
SECTION 1-1.

Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to procedures and penalties for furnishing alcohol to persons under 21 years of age, is amended by revising subsection (f) as follows:
"(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days' imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Driver Services within ten days after conviction or sentencing."

SECTION 1-2. Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for prosecuting attorneys, is amended by adding a new Code section to read as follows:
"15-18-31. When a prosecuting attorney determines that prosecution of a traffic offense, or municipal ordinance involving a traffic offense, is or is not warranted, and regardless of whether a court order is entered for such offense or a referral is made to a pretrial intervention, pretrial release, pretrial diversion program, or other similar pretrial program, a prosecuting attorney may condition any other action regarding such offense upon the satisfactory

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completion of a defensive driving course or defensive driving program approved by the Department of Driver Services but shall not be authorized to mandate the completion of any other driving program."

SECTION 1-3.
Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for
misdemeanors generally, is amended by revising paragraph (2) of subsection (d) as follows: "(2) Satisfactory completion of a defensive driving course or defensive driving program approved by the Department of Driver Services;"

SECTION 1-4. Code Section 33-9-42 of the Official Code of Georgia Annotated, relating to reduction in premiums for motor vehicle liability, first-party medical, and collision coverages for certain named drivers, is amended by revising paragraph (3) of subsection (b) and subsections (d) and (g) as follows:
"(3) Complete one of the following types of driving courses: (A) A defensive driving course of not less than six hours from a driver improvement clinic or commercial or noncommercial driving school approved by and under the jurisdiction of the Department of Driver Services; (B) An emergency vehicles operations course at the Georgia Public Safety Training Center; (C) A defensive driving course of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the rules and regulations of the Department of Driver Services pursuant to subsection (g) of this Code section; or (D) A defensive driving course of not less than six hours which is offered by an employer to its employees and their immediate families and which meets the rules and regulations of the Department of Driver Services."
"(d) Upon completion of one of the defensive driving courses specified in paragraph (3) of subsection (b) or preparatory courses offered to new drivers specified in paragraph (3) of subsection (c), as applicable, of this Code section by each named driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided any named driver under such policy does not commit a traffic offense or have a claim against the policy based on any such driver's fault." "(g) The power of supervision granted to the Department of Driver Services over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a

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person enrolled in such course. The Department of Driver Services may adopt rules and regulations necessary to carry out the provisions of this subsection. The Department of Driver Services shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state. The Department of Driver Services shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) or preparatory course offered to new drivers as described in paragraph (3) of subsection (c) of this Code section, at any location in this state."

SECTION 1-5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new paragraph to Code Section 40-1-1, relating to definitions for Title 40, as follows:
"(15.3) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Driver Services in accordance with subsection (e) of Code Section 40-5-83."

SECTION 1-6. Said title is further amended by revising paragraph (9) of Code Section 40-5-1, relating to definitions for Chapter 5, as follows:
"(9) Reserved."

SECTION 1-7. Said title is further amended by revising subsection (d) of Code Section 40-5-27, relating to examination of license applicants, as follows:
"(d)(1) The department shall authorize licensed driver training schools to conduct knowledge tests, on-the-road driving skills tests, and other tests required for issuance of a driver's license as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct tests as provided in this subsection, make a determination that the school has been licensed for a minimum of two years and has conducted driver education courses on a full-time basis for such two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the on-the-road driving skills testing provided for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minimum of 30 class hours of instruction and six hours of private in-car training. The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class P instructional permit, Class C driver's license, or Class D driver's license under this Code section.

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(2) The department may authorize public and private high schools to conduct knowledge tests required for issuance of a Class P instructional permit or Class D driver's license or both."

SECTION 1-8. Said title is further amended by revising subparagraph (c)(1)(C) of Code Section 40-5-57, relating to suspension or revocation of license of habitually negligent or dangerous driver, as follows:
"(C) A court may order a person to attend a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 for any violation for which points are assessed against a driver's license under this subsection or may accept the attendance by a person at a driver improvement clinic approved by the commissioner pursuant to Code Section 40-5-83 after the issuance of a citation for such offense and prior to such person's appearance before the court, in which event the court shall reduce the fine assessed against such person by 20 percent, and no points shall be assessed by the department against such driver. The disposition and court order shall be reported to the department and shall be placed on the motor vehicle record with a zero point count. This plea may be accepted by the court once every five years as measured from date of arrest to date of arrest."

SECTION 1-9. Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, as follows:
"(c)(1) Any driver's license suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 and pays the applicable reinstatement fee. Any driver's license suspended under subsection (a) of this Code section for commission of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the applicable reinstatement fee."

SECTION 1-10. Said title is further amended by revising subparagraph (e)(1)(C) of Code Section 40-5-58, relating to habitual violators and probationary licenses, as follows:
"(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department;"

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SECTION 1-11. Said title is further amended by revising subsection (b) of Code Section 40-5-62, relating to periods of revocation and conditions to restoration of license, as follows:
"(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section 40-6-391 within a five-year period unless and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $410.00 or $400.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked."

SECTION 1-12. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) and subsection (e) of Code Section 40-5-63, relating to periods of suspension, as follows:
"(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be 12 months. At the end of 120 days, the person may apply to the department for early reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous

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five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be three years. At the end of 120 days, the person may apply to the department for reinstatement of his or her driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, provides proof of installation and maintenance of an ignition interlock device for a period of one year coinciding with the issuance of an ignition interlock device limited driving permit as provided in Code Section 40-5-64 unless waived due to financial hardship, and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or" "(e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of

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a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing."

SECTION 1-13. Said title is further amended by revising paragraph (2) of Code Section 40-5-80, relating to the purpose of the article relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, as follows:
"(2) Require, in addition to the criteria established by the commissioner for approval of driver improvement clinics and certification of DUI Alcohol or Drug Use Risk Reduction Programs, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval or certification, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner; however, in no event shall the amount of the bond be less than $10,000.00 per location, and a single bond at such rate may be submitted for all locations under the same ownership. If at any time said bond is not valid and in force, the license of the driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall be deemed suspended by operation of law until a valid surety company bond is again in force."

SECTION 1-14. Said title is further amended by revising Code Section 40-5-81, relating to program optional and certification and approval of courses, as follows:
"40-5-81. (a) Any defensive driving course or defensive driving program at which attendance is required by court order shall conform to the requirements of this article. When a defensive driving course, defensive driving program, or DUI Alcohol or Drug Use Risk Reduction Program is required by a court having jurisdiction over misdemeanor traffic law offenses or by any prosecuting attorney thereof, such course or program shall be certified or approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83, as applicable. Certificates of completion from unlicensed defensive driving courses shall not be recognized for any purposes under this article. (b) Whenever any person is authorized or required to attend a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of the person's driving privilege, such person, in complying with

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GENERAL ACTS AND RESOLUTIONS, VOL. I

such condition, shall be authorized to attend any driver improvement clinic approved under this article or DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases shall specify, directly or indirectly, a particular driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor offenders from furnishing any person, upon request, the names of approved driver improvement clinics or certified DUI Alcohol or Drug Use Risk Reduction Programs. (c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department to directly or indirectly solicit business by personal solicitation on public property, by phone, by e-mail, or by mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, Internet, or telephone directories, by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection."

SECTION 1-15. Said title is further amended by revising subsection (c) of Code Section 40-5-82, relating to administration of program, as follows:
"(c) The department is designated as the agency responsible for the certification of DUI Alcohol or Drug Use Risk Reduction Programs and staff. This responsibility includes selection of the assessment instrument, development of the intervention curricula, training of program staff, and monitoring of all DUI Alcohol or Drug Use Risk Reduction Programs under this article."

SECTION 1-16. Said title is further amended by revising paragraph (1) of subsection (a) and subsection (e) of Code Section 40-5-83, relating to establishment and approval of clinics and programs, as follows:
"(a)(1) The commissioner shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of defensive driving courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $95.00 for a defensive driving

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course, except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, or corporation. Nothing in this paragraph shall be construed to affect in any way driving programs established for purposes of insurance premium reductions under the provisions of Code Section 33-9-42." "(e)(1) The department is designated as the agency responsible for establishing criteria for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant shall meet the certification criteria promulgated by the department through its standards and shall provide assessment component services and intervention component services. A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk assessment component be conducted prior to administering the intervention component of such program. A certified DUI Alcohol or Drug Use Risk Reduction Program may include a clinical evaluation component after an individual completes risk assessment and intervention services. Only clinical evaluators licensed by the Department of Behavioral Health and Developmental Disabilities shall be qualified to conduct clinical evaluations. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. (2) Certified DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $100.00 for the assessment component and $235.00 for the intervention component. An additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials. (3) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such program agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent. (4) DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs in existence prior to July 1, 1990, which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI

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Alcohol or Drug Use Risk Reduction Programs have been made available in the political subdivision. (5) The Department of Corrections shall be authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. (6) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such program agrees in writing to pay to the state, for the costs of administration, a fee of $30.00 for each offender assessed, provided that nothing in this Code section shall be construed to allow the department to retain any funds required by the Constitution to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds."

SECTION 1-17. Said title is further amended by revising subsections (b) and (e) of Code Section 40-5-84, relating to reinstatement of license suspended for certain offenses or for points, as follows:
"(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of a defensive driving course approved by the department and the payment of a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail." "(e) The license of any person whose license is suspended for the third or subsequent time within a five-year period as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department upon receipt by the department of a certificate of completion of a defensive driving course approved by the department and the payment of a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail."

SECTION 1-18. Said title is further amended by revising Code Section 40-5-86, relating to reduction of point count upon completion of course, as follows:
"40-5-86. Upon the accumulation of points pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points, but to not less than zero points, upon the satisfactory completion by such driver of a defensive driving course approved by the department and the submission of a certificate by such driver to the

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department. The provisions of this Code section shall be available one time only to each driver in any five-year period."

SECTION 1-19.
Said title is further amended by revising subparagraphs (c)(1)(D), (c)(2)(D), (c)(3)(D), and (c)(4)(D) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, as follows:
"(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;"

SECTION 1-20.
Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to timing for
issuance of certain limited driving permits, is amended by revising subparagraphs (a)(2)(A)
and (b)(2)(A) as follows: "(A) That the person to whom such permit is to be issued has completed a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services;" "(A) That the person to whom such permit is to be issued has completed a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services;"

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SECTION 1-21.
Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to
general provisions for registration, operation, and sale of watercraft, is amended by revising subparagraphs (m)(1)(D), (m)(2)(D), (m)(3)(D), and (m)(4)(D) of Code Section 52-7-12,
relating to operation of watercraft while under the influence of alcohol, toxic vapors, or drugs, as follows:
"(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-1-1. The sponsor of any such program shall provide written notice
of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-1-1. The sponsor of any such program shall provide written notice
of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-1-1. The sponsor of any such program shall provide written notice
of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-1-1. The sponsor of any such program shall provide written notice
of the Department of Driver Services' certification of the program to the person upon enrollment in the program;"

SECTION 1-22. Said article is further amended by revising paragraphs (1) through (3) of subsection (a) of Code Section 52-7-12.6, relating to terms of suspension, as follows:
"(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be one year. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions

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were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be three years. Not sooner than 18 months following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00; (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00; and"

PART II UNLICENSED DRIVERS
SECTION 2-1.

Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, is amended by revising subsection (a) of Code Section 40-5-20, relating to requiring a license, as follows:
"(a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license. This Code section shall not apply to a person driving with a suspended license or license that has been revoked. Any person convicted of violating this Code section shall be punished as provided in subsection (a) of Code Section 40-5-121; provided, however, that if:
(1) Such person is driving with a driver's license issued by this state that has been expired for less than 31 days at the time of the offense and he or she produces in court a driver's license that would have been valid at the time of the offense, he or she shall not be guilty of such offense; and (2) Such person is driving without a valid driver's license or receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement in his or her

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GENERAL ACTS AND RESOLUTIONS, VOL. I

possession but he or she has a valid driver's license, Code Section 40-5-29 shall apply to such offense."

SECTION 2-2. Said article is further amended by revising Code Section 40-5-29, relating to carrying and exhibition of a driver's license, as follows:
"40-5-29. (a) Every licensee shall have his or her driver's license in his or her immediate possession at all times when operating a motor vehicle. Any person who has a receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's license in his or her immediate possession shall be considered to have such license in his or her immediate possession if such is confirmed to be valid by the department or through the Georgia Crime Information Center. The department may establish by rule and regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by the department shall be accepted as proof of such person's identity for any other purpose, including but not limited to proof of voter identification or proof of age for purposes of purchasing alcoholic beverages. (b) Every licensee shall display his or her license upon the demand of a law enforcement officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20. (c) A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he or she produces in court a license theretofore issued to him or her and valid at the time of his or her arrest."

PART III SPECIAL LICENSE PLATE DECALS FOR PERSON WITH DISABILITIES
SECTION 3-1.

Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special vehicle decals for persons with disabilities, is amended by adding a new subsection to read as follows:
"(i) For purposes of this Code section the department shall accept, in lieu of an affidavit, a signed and dated statement from the doctor which includes the same information as required in an affidavit written upon security paper as defined in paragraph (38.5) of Code Section 26-4-5."

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PART IV COMPLETION OF DUI ALCOHOL OR DRUG USE
REDUCTION PROGRAM SECTION 4-1.

Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, is amended by revising subparagraphs (c)(1)(D), (c)(2)(D), (c)(3)(D), and (c)(4)(D), as follows:
"(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;"

PART V FEES FOR DRIVING PROGRAMS; CONTENTS; FINGERPRINTING.
SECTION 5-1.

Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug

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GENERAL ACTS AND RESOLUTIONS, VOL. I

program, is amended by revising subsections (a) and (e) of Code Section 40-5-83, relating to establishment and approval of clinics and programs, as follows:
"(a)(1) The commissioner shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of defensive driving courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $95.00 for a defensive driving course, except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, or corporation. Nothing in this paragraph shall be construed to affect in any way driving programs established for purposes of insurance premium reductions under the provisions of Code Section 33-9-42.
(1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic by the owner of the rights therein to another licensed driver improvement clinic. (2) The commissioner may issue a special license to the instructor of any licensed driver training school authorizing such instructor to teach a defensive driving course at a driver improvement clinic approved pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 300 hours of behind-the-wheel training in a teen-age driver education course." "(e)(1) The department is designated as the agency responsible for establishing criteria for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant shall meet the certification criteria promulgated by the department through its standards and shall provide assessment component services and intervention component services. A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk assessment component be conducted prior to administering the intervention component of such program. A certified DUI Alcohol or Drug Use Risk Reduction Program may include a clinical evaluation component after an individual completes risk assessment and intervention services. Only clinical evaluators licensed by the Department of Behavioral

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Health and Developmental Disabilities shall be qualified to conduct clinical evaluations. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. (2) Certified DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $100.00 for the assessment component and $235.00 for the intervention component. An additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials. (3) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such program agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent. (4) DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs in existence prior to July 1, 1990, which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available in the political subdivision. (5) The Department of Corrections shall be authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. (6) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such program agrees in writing to pay to the state, for the costs of administration, a fee of $30.00 for each offender assessed, provided that nothing in this Code section shall be construed to allow the department to retain any funds required by the Constitution to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds."

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PART VI WAIVER OF FEES FOR LICENSES
SECTION 6-1.

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising Code Section 40-5-28, relating to issuance of licenses, content, signature, prohibiting biological identifiers, and tag agents, as follows:
"40-5-28. (a) Except as provided in subsection (c) of this Code section, the department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. The department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application. (b) The commissioner may determine the location and manner of issuance of drivers' licenses. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose and may authorize the issuance of drivers' licenses by county tag agents. No county tag agent shall be required to issue or renew drivers' licenses unless such county tag agent agrees in writing to perform such functions. No county tag agent shall be required to issue or renew drivers' licenses for residents of any county other than the residents of the county for which he or she serves as tax commissioner. (c) The department shall make available to qualified applicants who are also volunteer firefighters Class E and Class F drivers' licenses without charge. In order to receive the Class E or Class F endorsement without payment of a fee, the applicant shall provide:
(1) A copy of his or her firefighter certification indicating that he or she is currently a certified firefighter in good standing; and (2) A letter signed by the chief executive officer of the public entity he or she serves which letter appears on such political entity's official agency letterhead and provides that he or she is a volunteer firefighter for such public entity. The provisions of this subsection shall apply to both original and renewal applicants for Class E and Class F licenses, as these classes are identified in Code Section 40-5-23."

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PART VII DOCUMENT CONTENTS
SECTION 7-1.

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licences, is amended by revising subsection (a) of Code Section 40-5-100, relating to the issuance of personal identification cards by the Department of Driver Services, as follows:
"(a) The department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Signature of person identified or facsimile thereof; and (10) Such other information or identification as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application."

SECTION 7-2. Said chapter is further amended by revising subsection (a) of Code Section 40-5-150, relating to contents of commercial drivers' licenses, as follows:
"(a) The commercial driver's license shall be marked 'Commercial Driver's License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information:
(1) The full legal name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The license number or identifier assigned by the department;

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

PART VIII EFFECTIVE DATE
SECTION 8-1.

This Act shall become effective on July 1, 2014, except for Parts VI and VII of this Act, which shall become effective on January 1, 2015.

PART IX REPEALER SECTION 9-1.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 24, 2014.

LABOR AND INDUSTRIAL RELATIONS STATE GOVERNMENT UNEMPLOYMENT INSURANCE AND BENEFITS; COMPREHENSIVE REVISION.
No. 625 (House Bill No. 714).
AN ACT
To amend Chapter 8 of Title 34 and Title 50 of the Official Code of Georgia Annotated, relating to employment security and state government, respectively, so as to change certain provisions, processes, and procedures affecting unemployment insurance and benefits; to change certain provisions relating to the disposition of fines, penalties, and interest collected; to change certain provisions relating to regular benefits paid to be charged against experience rating account; to change certain provisions relating to benefit claims; to provide changes to the determination of eligibility for unemployment benefits of certain persons performing certain services; to provide for definitions; to change certain provisions relating to review of

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a decision of a hearing officer by the board of review; to change certain provisions relating to procedures for judicial review; to change certain provisions relating to the process of issuing, quashing, modifying, or withdrawing subpoenas; to change certain provisions relating to overpayments of benefits; to change the penalty amount added to an overpayment as a result of a false statement or misrepresentation; to change certain provisions relating to hearings of the Department of Labor relative to unemployment benefits or overpayment of unemployment benefits; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising Code Section 34-8-92, relating to the disposition of fines, penalties, and interest collected, by designating the existing language as subsection (a) and adding a new subsection to read as follows:
"(b) Notwithstanding subsection (a) of this Code section, any amounts collected pursuant to Code Section 34-8-255 shall be returned to the Unemployment Compensation Fund to be used exclusively for the purposes of this chapter as required by federal law."

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 34-8-157, relating to regular benefits paid to be charged against experience rating account, as follows:
"(b) Regular benefits paid with respect to all benefit years that begin on or after January 1, 1992, shall be charged against the experience rating account or reimbursement account of employers in the following manner:
(1) Benefits paid shall be charged to the account of the most recent employer, as that term is defined in Code Section 34-8-43, including benefits paid based upon insured wages which were earned to requalify following a period of disqualification as provided in Code Section 34-8-194;
(2)(A) Except as otherwise provided in paragraph (3) of this subsection, benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year. (B) In the event the provisions of subparagraph (A) of this paragraph are determined by the United States secretary of labor or by a court of competent jurisdiction at a subsequent level of appeal, such appeal to be taken at the sole discretion of the Commissioner, to be out of conformity with federal law, the provisions of subparagraph (A) of this paragraph shall be considered null and void and the provisions of this subparagraph shall control. Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with

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the base period of the individual's claim and continuing through the individual's benefit year; provided, however, the portion of such charges for benefits paid which exceed the amount of wages paid by such employer shall be charged against the experience rating account of all base period employers in the manner provided in subsection (a) of this Code section. (C) Except as otherwise provided in paragraph (3) of this subsection, benefits shall not be charged to the account of an employer when an individual's overpayment is waived pursuant to Code Section 34-8-254. (D) Except as otherwise provided in paragraph (3) of this subsection, for the purposes of calculating an employer's contribution rate, an account of an employer shall not be charged for benefits paid to an individual for unemployment that is directly caused by a presidentially declared natural disaster; (3)(A) An employer shall respond in a timely and adequate manner to a notice of a claim filing or a written request by the department for information relating to a claim for benefits. (B) Any violation of subparagraph (A) of this paragraph by an employer or an officer or agent of an employer absent good cause may result in the employer's account being charged for overpayment of benefits paid due to such violation even if the determination is later reversed; provided, however, that upon the finding of three violations of subparagraph (A) of this paragraph within a calendar year resulting in an overpayment of benefits, an employer's account shall be charged for any additional overpayment and shall not be relieved of such charges unless good cause is shown; and (4) Benefits paid to individuals shall be charged against the Unemployment Trust Fund when benefits are paid but not charged against an employer's experience rating account as provided in this Code section."

SECTION 3. Said chapter is amended by revising paragraphs (1) and (2) of subsection (d) of Code Section 34-8-193, relating to benefit claims, 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.

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(2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection whenever the average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 11 percent, 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 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."

SECTION 4. Said chapter is further amended by revising Code Section 34-8-196, relating to determination of eligibility for benefits of aliens and other persons performing certain services, as follows:
"34-8-196. (a) Benefits based on service in employment as defined in subsections (h) and (i) of Code Section 34-8-35. Benefits based on service in employment as defined in subsections (h) and (i) of Code Section 34-8-35 shall be payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other services subject to this chapter, except as otherwise provided in this Code section.

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(b) Benefits based on service in educational institutions. (1) For the purposes of this subsection, the term: (A) 'Educational institution' means any voluntary pre-kindergarten program, elementary or secondary school, postsecondary institution, or other provider of educational services, irrespective of whether such program, school, institution, or other provider is public or private or nonprofit or operated for profit, provided that it: (i) Is approved, licensed, or issued a permit, grant, or other authority to operate as a program, school, institution, or other provider of educational services by a federal, state, or local government or any of the instrumentalities, divisions, or agencies thereof with the authority to do so; and (ii) Offers, by or under the guidance of teachers or instructors, an organized course of study or training in a facility or through distance learning which is academic, technical, trade related, or preparation for gainful employment in a recognized occupation. The Commissioner is authorized to establish by rules or regulations such exceptions or exemptions from the term 'educational institution,' as defined in this paragraph, as he or she shall deem appropriate, consistent with any federal program requirements applicable to this chapter. (B) 'Educational service contractor' means any public or private employer or other person or entity holding a contractual relationship with any educational institution or other person or entity to provide services to, for, with, or on behalf of any educational institution. (C) 'Educational service worker' means any person who performs services to, for, with, or on behalf of any educational institution, regardless of whether such person is engaged to perform such services by the educational institution or through an educational service contractor. (2) With respect to services performed by an educational service worker in an instructional, research, or principal administrative capacity to, for, with, or on behalf of any educational institution, including those operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid during periods of unemployment if services in such educational service worker capacity were performed in the prior year, term, or vacation period and there is a contract or a reasonable assurance of returning to work for any such educational institution or any educational service contractor immediately following the period of unemployment. Such periods of unemployment include those occurring: (A) Between two successive academic terms or years; (B) During an established and customary vacation period or holiday recess; (C) During the time period covered by an agreement that provides instead for a similar period between two regular but not successive terms; or (D) During a period of paid sabbatical leave provided for in the individual's contract.

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(3) With respect to services performed by an educational service worker in any other capacity to, for, with, or on behalf of any educational institution, including those operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid during periods of unemployment if services in such educational service worker capacity were performed in the prior year, term, or vacation period and there is a reasonable assurance of returning to work for any such educational institution or any educational service contractor immediately following the period of unemployment. If compensation is denied pursuant to this paragraph to an individual, however, and such individual is not offered an opportunity to perform services for any educational institution or to provide services to, for, with, or on behalf of any educational institution for any educational service contractor following the unemployed period, such individual shall be entitled to retroactive payment for each week during that period of unemployment a timely claim was filed and benefits were denied solely by reason of this paragraph. Such periods of unemployment include those occurring:
(A) Between two successive academic years or terms; or (B) During an established and customary vacation period or holiday recess. (4) Benefits shall not be paid as specified in paragraphs (2) and (3) of this subsection to any individual for any week of unemployment if the individual performs such services in an educational institution while in the employ of an educational service agency. For the purposes of this paragraph, the term 'educational service agency' means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing such services to one or more educational institutions. (c) Benefits based on services in professional sports. Benefits shall not be paid to an individual on the basis of any services substantially all of which consist of participating in professional sports or athletic events or of training or preparing to so participate for any week which begins during the period between two successive sport seasons or similar periods if such individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the latter of such seasons or similar periods. (d) Benefits based on services performed by aliens. (1) Benefits shall not be paid to an individual based on services performed by an alien unless such alien was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed. (2) Any data or information required of individuals applying for benefits to determine whether benefits are payable because of their alien status shall be uniformly required from all applicants for benefits. (3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of the individual's alien status shall be made except upon a preponderance of the evidence.

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(e) As used in this Code section, the term 'reasonable assurance' means a written, verbal, or implied agreement between an employer and its employee that such employee will be returned to employment following the period of unemployment."

SECTION 5. Said chapter is further amended by revising Code Section 34-8-221, relating to review of decision of hearing officer by the board of review, as follows:
"34-8-221. (a) The board of review may on its own motion affirm, modify, or set aside any decision of an administrative hearing officer on the basis of the evidence previously submitted in such case or direct the taking of additional evidence or may permit any of the parties to such decision to initiate further appeals before the board of review. The board of review shall promptly notify the parties to any proceedings of its findings and decision. The decision of the board shall become final 15 days from the date the decision is mailed to the parties. (b) The board of review may, in its discretion and on its own motion, reconsider its decision at any time within 15 days from the date the decision is mailed to the parties. The board shall notify all concerned parties of its intent to reconsider a final decision. Such notice shall stay the process of judicial review until a final decision is released by the board. (c) The quorum for the board of review shall be two members. No meeting of the board shall be scheduled when it is anticipated that less than two members will be present, and no hearing shall be held nor decision released by the board in which less than two members participated. (d) In the event only two members are able to vote on a case and one member votes to affirm the decision of the administrative hearing officer but the other member votes to reverse the decision or remand the case for another hearing, the decision of the administrative hearing officer shall stand affirmed. (e) The Commissioner shall provide the board of review and the office of administrative appeals with proper facilities and assistants for the execution of their functions."

SECTION 6. Said chapter is further amended by revising Code Section 34-8-223, relating to procedures for judicial review, as follows:
"34-8-223. (a) Any decision of the board of review, in the absence of a reconsideration as provided in subsection (b) of Code Section 34-8-221, shall become final 15 days after the date of notification or mailing. Judicial review shall be permitted only after any party claiming to be aggrieved thereby has exhausted his or her administrative remedies as provided by this chapter. The Commissioner shall be deemed to be a party to any judicial action involving

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any such decision and shall be represented in any such judicial action by the Attorney General. (b) Within 15 days after the decision of the board of review has become final, any party aggrieved thereby may secure judicial review by filing a petition against the Commissioner in the superior court of the county where the employee was last employed. In the event the individual was last employed in another state, such appeal shall be filed in Fulton County, Georgia. Any other party to the proceeding before the board of review shall be made a respondent. The petition, which need not be verified but which shall state specifically the grounds upon which a review is sought, shall be served upon the Commissioner or upon his or her designee within 30 days from the date of filing. Such service upon the Commissioner shall be made by certified mail or statutory overnight delivery, return receipt requested; hand delivery; or in a manner prescribed by the law of this state for service of process to Georgia Department of Labor, Unemployment Insurance Legal Section, Suite 826, 148 Andrew Young International Boulevard, N.E., Atlanta, GA 30303-1751. Such service shall be deemed completed service on all parties, but there shall be so served upon the Commissioner or his or her designee as many copies of the petition as there are respondents. The Commissioner shall mail one such copy to each such respondent. Within 30 days after the service of the petition, the Commissioner shall certify and file with the superior court all documents and papers and a transcript of all testimony taken in the matter, together with the board of review's findings of fact and decision therein. The Commissioner shall not be required to furnish any person with a copy of the aforementioned documents, papers, or transcripts or the original of these items prior to the Commissioner's filing these items with the court. The Commissioner may also, in his or her discretion, certify to such court questions of law involved in any decision. As a guide for future interpretation of the law, when the Commissioner is aggrieved by any decision of the board of review or deems such decision contrary to the law and no other party enters an appeal therefrom, the Commissioner may, within 20 days after such decision has become final, appeal and certify to the superior court questions of law therein involved. The court shall consider and determine the same and enter a decree accordingly, which shall be subject to further appeal by the Commissioner. In any judicial proceeding under this Code section, the findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law. Such actions and the questions so certified shall be heard in a summary manner and shall be given precedence over all other civil cases except cases to which the state is a material party and cases arising under Chapter 9 of this title. An appeal may be taken from the decision of the superior court to the Court of Appeals in the same manner as is provided in civil cases but not inconsistent with this chapter. No bond shall be required for entering an appeal."

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SECTION 7. Said chapter is further amended by revising Code Section 34-8-253, relating to obedience to subpoena required and self-incrimination, as follows:
"34-8-253. (a) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commissioner, the board of review, the chief administrative hearing officer, or their duly authorized representatives or in obedience to a subpoena issued by them on the ground that the testimony or evidence, documentary or otherwise, required of a person may tend to incriminate or subject such person to a penalty or forfeiture. However, no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such person testifying shall not be exempt from prosecution and punishment for perjury committed in testifying. (b) The Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them may quash, modify, or withdraw a subpoena issued by them."

SECTION 8. Said chapter is further amended by revising Code Section 34-8-254, relating to overpayments of benefits, as follows:
"34-8-254. (a) Any person who has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled or while the person was disqualified from receiving benefits shall, in the discretion of the Commissioner:
(1) Be liable to have such sums deducted from any future benefits payable to such person under this chapter, with no single deduction to exceed 50 percent of the amount of the payment from which such deduction is made; and (2) Be liable to repay the Commissioner for the Unemployment Compensation Fund a sum equal to the amount so received by such person. Such sum shall be collectable in the manner provided by law for the collection of debts or any other method of collection specifically authorized by this chapter. (b) For the purpose of collecting overpaid benefits when the person who owes the payment resides or is employed outside this state, the Commissioner may enter into an agreement with one or more private persons, companies, associations, or corporations providing debt collection services; provided, however, the Commissioner shall retain legal responsibility and authority for the collection of overpayments of benefits and any debt collection agency shall function merely as an agent of the Commissioner for this purpose. The agreement may provide, at the discretion of the Commissioner, the rate of payment and the manner

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in which compensation for services shall be paid. The Commissioner shall provide the necessary information for the contractor to fulfill its obligations under the agreement. Any funds recovered shall be transmitted promptly to the Commissioner for deposit into the Unemployment Compensation Fund.
(c)(1) Except as provided in paragraph (2) of this subsection, the Commissioner may waive the repayment of an overpayment of benefits if the Commissioner determines such repayment to be inequitable. (2) If any person receives such overpayment because of false representations or willful failure to disclose a material fact by such person, inequitability shall not be a consideration and the person shall be required to repay the entire overpayment plus all applicable penalty and interest amounts. Such penalty amounts shall not be waived. Interest accrued on the overpayment is subject to waiver if the Commissioner determines such waiver to be in the best interest of this state. (d) Any person who has received any sum as benefits under this chapter and is subsequently awarded or receives back wages from any employer for all or any portion of the same period of time for which such person has received such benefits shall be liable, in accordance with subsection (a) of this Code section, to repay a sum equal to the benefits paid during the period for which such back wages were awarded, and the employer shall be: (1) Authorized to deduct from an award of back wages an amount equal to all unemployment benefits received by such person under this chapter with respect to the same period of time. The employer shall remit the amount deducted to the Commissioner for the Unemployment Compensation Fund. Upon receipt of such payment the Commissioner shall then make appropriate adjustments in the unemployment contributions experience rating account of the employer as otherwise provided in this chapter; or (2) Entitled to a setoff against the award of back wages in an amount equal to all benefits paid to the employee during the period for which such back wages are awarded or received, if such employer is a governmental entity or nonprofit organization that has elected to make payments in lieu of contributions in accordance with Code Section 34-8-158 and the employee is subsequently awarded or otherwise receives payment of back wages for any period of time for which such employee received benefits under this chapter."

SECTION 9. Said chapter is further amended by revising Code Section 34-8-255, relating to effect of false statements and misrepresentations made to obtain or increase benefits, as follows:
"34-8-255. Any person who knowingly makes a false statement or misrepresentation as to a material fact or who knowingly fails to disclose a material fact to obtain or increase benefits under this chapter, either for himself or herself or for any other person, or who knowingly accepts

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benefits under this chapter to which such person is not entitled shall, upon an appropriate finding by the Commissioner, cease to be eligible for such benefits and an overpayment of benefits shall be computed without the application of deductible earnings as otherwise provided in Code Section 34-8-193. A penalty of 15 percent shall be added to the overpayment and become part of the overpayment. Interest shall accrue on the unpaid portion of such overpayment at a rate of 1 percent per month until repaid to the Commissioner for the Unemployment Compensation Fund. Further, such person shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the date of the determination issued by the Commissioner covering said act or omission. The ineligibility shall include any unpaid benefits to which the person would otherwise be entitled during the remainder of any incomplete calendar quarter in which said determination is made and the next four complete calendar quarters immediately following the date of said determination; provided, however, such person shall be required to repay benefits received for any week as specified in said determination. No determination may be made by the Commissioner more than four years after such occurrence, act, or omission. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Article 8 of this chapter. The provisions of this Code section shall be in addition to, and not in lieu of, any provision contained in any of the other Code sections in this chapter."

SECTION 10. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising paragraph (1) of Code Section 50-13-2, relating to definitions relative to administrative procedure, 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; the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Department of Labor when conducting hearings related to unemployment benefits or overpayments of unemployment benefits; 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 11. (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 4 of this Act shall become effective on January 1, 2015.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved April 24, 2014.

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CRIMES AND OFFENSES FILING FALSE LIENS OR ENCUMBRANCES.

No. 626 (House Bill No. 985).

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 change provisions relating to filing false liens or encumbrances against public employees; to provide for a definition; to expand the protection against the filing of false liens or documents to all citizens; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by revising Code

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Section 16-10-20.1, relating to filing false liens or encumbrances against public employees, as follows:
"16-10-20.1. (a) As used in this Code section, the term 'document' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form and shall include, but shall not be limited to, liens, encumbrances, documents of title, instruments relating to a security interest in or title to real or personal property, or other records, statements, or representations of fact, law, right, or opinion. (b) Notwithstanding Code Sections 16-10-20 and 16-10-71, it shall be unlawful for any person to:
(1) Knowingly file, enter, or record any document in a public record or court of this state or of the United States knowing or having reason to know that such document is false or contains a materially false, fictitious, or fraudulent statement or representation; or (2) Knowingly alter, conceal, cover up, or create a document and file, enter, or record it in a public record or court of this state or of the United States knowing or having reason to know that such document has been altered or contains a materially false, fictitious, or fraudulent statement or representation. (c) Any person who violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than ten years, a fine not to exceed $10,000.00, or both. (d) This Code section shall not apply to a court clerk, registrar of deeds, or any other government employee who is acting in the course of his or her official duties."

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

Approved April 24, 2014.

__________

LAW ENFORCEMENT OFFICERS AND AGENCIES STATE GOVERNMENT PROHIBIT DISCLOSURE OF ARREST BOOKING PHOTOGRAPHS UNDER CERTAIN CIRCUMSTANCES.

No. 627 (House Bill No. 845).

AN ACT

To amend Chapter 1 of Title 35 and Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies and

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when public disclosure is not required, respectively, so as to prohibit the disclosure of arrest booking photographs under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-18. (a) As used in this Code section, the term 'booking photograph' means a photograph or image of an individual taken by an arresting law enforcement agency for the purpose of identification or taken when such individual was processed into a jail. (b) Except as provided in Code Section 50-18-77 and booking photographs required for publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry, and for use by law enforcement agencies for administrative purposes, an arresting law enforcement agency or agent thereof shall not post booking photographs to or on a website. (c) An arresting law enforcement agency shall not provide or make available a copy of a booking photograph in any format to a person requesting such photograph if:
(1) Such booking photograph may be placed in a publication or posted to a website or transferred to a person to be placed in a publication or posted to a website; and (2) Removal or deletion of such booking photograph from such publication or website requires the payment of a fee or other consideration. (d) When a person requests a booking photograph, he or she shall submit a statement affirming that the use of such photograph is in compliance with subsection (c) of this Code section. Any person who knowingly makes a false statement in requesting a booking photograph shall be guilty of a violation of Code Section 16-10-20."

SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, is amended by revising paragraph (4) of subsection (a) as follows:
"(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving such investigation and prosecution has become final or otherwise terminated; and provided, further, that this paragraph shall not apply to records in the possession of an agency that is the subject of the pending investigation or prosecution; and provided, further, that the release of booking photographs shall only be permissible in accordance with Code Section 35-1-18;"

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

Approved April 24, 2014.

__________

URGING CONGRESS TO GROW UNITED STATES ECONOMY BY INCREASING NUMBER OF VISAS DESIGNED TO PERMIT CERTAIN KOREAN CITIZENS TO WORK IN THE UNITED STATES.

No. 628 (Senate Resolution No. 941).

A RESOLUTION

Urging Congress to grow the United States economy by increasing the number of visas designed to permit Korean citizens possessing skills in a specialty occupation to work in the United States; and for other purposes.

WHEREAS, the entry into force of the U.S.-Korea Free Trade Agreement on March 15, 2012, means countless new opportunities for U.S. exporters to sell more U.S. goods, services, and agricultural products to Korean customers and to support more well-paying jobs in the United States; and

WHEREAS, according to the Office of the United States Trade Representative, the agreement is the United States' most commercially significant free trade agreement in almost two decades, and the U.S. International Trade Commission estimates that the reduction of Korean tariffs and tariff-rate quotas on goods alone will add $10 billion to $12 billion to annual U.S. Gross Domestic Product and around $10 billion to annual merchandise exports to Korea; and

WHEREAS, while an unlimited number of highly skilled U.S. professionals are now permitted to work in Korea, Korean professionals may only enter the United States under general visa categories, which greatly restricts the number of persons admitted and discourages Korean investment in the United States; and

WHEREAS, legislation providing temporary entry for an increased number of Korean professionals to work in the United States would permit this country to receive the full benefits of the U.S.-Korea Free Trade Agreement; and

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WHEREAS, Korea is the United States' seventh largest trading partner, with $100 billion in annual bilateral trade; Korean businesses have heavily invested in the United States and the State of Georgia, operating 51 facilities in this state and creating 50,000 jobs for Georgians of all ethnic origins; and

WHEREAS, increasing the number of visas will further encourage Korean investment in the United States and the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge Congress to enact legislation creating a new class of visa designed to permit Korean citizens possessing skills in a specialty occupation to work in the United States.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Georgia Congressional Delegation.

Approved April 24, 2014.

__________

MOTOR VEHICLES REGULATION OF PERSONAL TRANSPORTATION VEHICLES.

No. 629 (House Bill No. 877).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide local authorities with the ability to regulate the use of personal transportation vehicles upon roadways and designated paths and lanes; to revise, delete, and add definitions; to exempt certain motor vehicles from registration and licensing, certificate of title, part identification, and inspection requirements; to provide for vehicle identification requirements for personal transportation vehicles; to exempt operators of certain motor vehicles from obtaining a driver's license; to limit liability of local authorities with regard to certain motor vehicles; to provide for the use of certain signage for crossings involving certain motor vehicles; to provide a legislative intent; to provide for authority and standards for local authorities to establish personal transportation vehicle transportation plans; to provide for the acquisition of property by local authorities for personal transportation vehicle lanes or paths; to provide for the types of streets which may be designated for use by personal transportation

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vehicles; to provide for the manner in which personal transportation vehicles may be driven; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-1-1, relating to definitions relative to motor vehicles, by revising paragraphs (3), (26), (41), and (43.1), by deleting paragraph (32) and designating it as reserved, and by adding new paragraphs (17.1), (33.1), (43.2), and (56.1) to read as follows:
"(3) 'All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with four low-pressure tires, a seat designed to be straddled by the operator, and handlebars for steering." "(17.1) 'Golf car' or 'golf cart' means any motorized vehicle designed for the purpose and exclusive use of conveying one or more persons and equipment to play the game of golf in an area designated as a golf course. For such a vehicle to be considered a golf car or golf cart, its average speed shall be less than 15 miles per hour (24 kilometers per hour) on a level road surface with a 0.5% grade (0.3 degrees) comprising a straight course composed of a concrete or asphalt surface that is dry and free from loose material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface." "(26) 'Manufacturer' means a person engaged in the manufacture of vehicles and who has an established place of business in this state. Pertaining to PTVs only, the term 'manufacturer' also means any person engaged in the manufacture of vehicles who does business in this state, including but not limited to any person who makes modifications to a vehicle that are not approved by the original equipment manufacturer and which may adversely affect the safe operation and performance of the vehicle." "(32) Reserved." "(33.1) 'Multipurpose off-highway vehicle' means any motorized vehicle having features specifically intended for utility use and having the following characteristics:
(A) Has the capability to transport persons or cargo or both; (B) Operates between 25 miles per hour (40.2 kilometers per hour) and 50 miles per hour (80.4 kilometers per hour); (C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of accessories or attachments; (D) Is designed to travel on four or more wheels; (E) Uses a steering wheel for steering control; (F) Contains a nonstraddle seat; (G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and (H) Has a minimum cargo capacity of 350 pounds (159 kilograms)."

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"(41) 'Passenger car' means every motor vehicle, except all-terrain vehicles, motorcycles, motor driven cycles, multipurpose off-highway vehicles, personal transportation vehicles, and low-speed vehicles, designed for carrying ten passengers or less and used for the transportation of persons." "(43.1) 'Personal transportation vehicle' or 'PTV' means:
(A) Any motor vehicle having no fewer than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour if such vehicle was authorized to operate on local roads by a local authority prior to January 1, 2012. Such vehicles may also be referred to as 'motorized carts' in such local ordinances; and (B) Any motor vehicle:
(i) With a minimum of four wheels; (ii) Capable of a maximum level ground speed of less than 20 miles per hour; (iii) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and (iv) Capable of transporting not more than eight persons. The term does not include mobility aids, including electric personal assistive mobility devices, power wheelchairs, and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle or multipurpose off-highway vehicle. (43.2) 'Personal transportation vehicle path' or 'PTV path' means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by personal transportation vehicle drivers." "(56.1) 'Shared use path' means a pathway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right of way or within an independent right of way and used by bicycles, pedestrians, manual and motorized wheelchairs, and other authorized motorized and nonmotorized users."

SECTION 2. Said title is further amended by revising subsection (b) of Code Section 40-2-20, relating to exceptions to the registration and licensing requirements for motor vehicles, to read as follows:
"(b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius

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of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any electric powered personal transportation vehicle; (6) To any moped; or (7) To any golf car."

SECTION 3. Said title is further amended by revising Code Section 40-3-4, relating to exclusions for the certificate of title requirement for motor vehicles, to read as follows:
"40-3-4. No certificate of title shall be obtained for:
(1) A vehicle owned by the United States unless it is registered in this state; (2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or demonstration; a vehicle owned by a dealer in vehicles but used by any Georgia public or private school for driver education purposes; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe; (3) A vehicle owned by a nonresident of this state and not required by law to be registered in this state; (4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state; (5) A vehicle moved solely by human or animal power; (6) An implement of husbandry; (7) Special mobile equipment; (8) A self-propelled wheelchair or invalid tricycle; (9) A pole trailer; (10) Motor buses used for the transportation of persons by a street railroad or other company engaged in the operation of an urban transit system over fixed routes; (11) A boat trailer; (12) A homemade trailer; (13) A device used exclusively upon stationary rails or tracks or which obtains motive power from fixed overhead electric wires;
(14)(A) A vehicle, other than a mobile home or crane, the model year of which is prior to 1986.

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(B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 40-3-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The department shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-3-28.
(C)(i) A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which arises after such vehicle becomes subject to the operation of subparagraph (A) of this paragraph may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this chapter to have certificates of title. (ii) The transferee of any vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph, regardless of whether that vehicle has a certificate of title issued pursuant to subparagraph (B) of this paragraph, shall take such vehicle subject to any security interest or lien perfected under this paragraph; (15)(A) Except as provided in subparagraph (B) of this paragraph, a trailer with an unladen gross weight of 2,000 pounds or less. (B) The exclusion provided in subparagraph (A) of this paragraph shall not apply to a travel trailer or camper, regardless of its unladen gross weight; (16) A vehicle which is not sold for the purpose of lawful highway use; (17) A vehicle with a model year prior to 1963; (18) A moped; or (19) A personal transportation vehicle."

SECTION 4. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 40-3-30.1, relating to inspections and definitions relative to certificates of title, to read as follows:
"(2) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, off-road vehicles, motor driven cycles, mopeds, and personal transportation vehicles, and that is not in compliance with the following:
(A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (B) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs and Border Protection Agency or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or

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(C) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended."

SECTION 5. Said title is further amended by revising subsection (b) of Code Section 40-4-2, relating to the applicability of the article requiring identification of passenger cars, truck chassis, and components, to read as follows:
"(b) This article shall not apply to motorcycles, personal transportation vehicles, motor driven cycles, school buses, farm tractors, buses, truck tractors, road tractors, trucks, trailers, semitrailers, pole trailers, streetcars, or go-carts or to any vehicle whether self-propelled or not which is not required to be issued a license plate under the laws of this state."

SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"40-4-5.1. (a) On or after July 1, 2014, on every newly manufactured personal transportation vehicle, the manufacturer shall inscribe a permanent, durable, corrosion-resistant name plate or marking which contains a unique serial number, name of manufacturer, model name or code, date code, contact information, nominal system voltage, fuel type, and load capacity. (b) The name plate or marking shall be of a height and width easily readable by the naked eye. The unique serial number may consist of letters, digits, or any combination of letters and digits. (c) The name plate shall be easily accessible for inspection."

SECTION 7. Said title is further amended by revising subsection (a) of Code Section 40-5-20, relating to activity requiring a driver's license, to read as follows:
"(a) No person, except those expressly exempted in this chapter or in Chapter 6 of this title, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any violation of this subsection shall be punished as provided in Code Section 40-5-121, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 or if such person produces in court a valid driver's license issued by this state to such person, he or she shall not be guilty of such offenses. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license."

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SECTION 8. Said title is further amended by revising paragraph (12) of subsection (a) of Code Section 40-5-21, relating to exemptions to the driver's license requirement, to read as follows:
"(12) Any person while operating a personal transportation vehicle: (A) On any way publicly maintained for the use of personal transportation vehicles by the public and no other types of motor vehicles in accordance with a local ordinance adopted pursuant to Part 3 or 6 of Article 13 of Chapter 6 of this title; or (B) When crossing a street or highway used by other types of motor vehicles at a location designated for such crossing pursuant to subsection (d) of Code Section 40-6-331 or pursuant to a PTV plan authorized by a local authority as described in Part 6 of Article 13 of Chapter 6 of this title."

SECTION 9. Said title is further amended by revising Code Section 40-6-51, relating to restrictions on the use of controlled-access roadways, to read as follows:
"40-6-51. (a) The Department of Transportation by order and local authorities by ordinance may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class of vehicle or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. (b) The Department of Transportation or the local authority adopting any such prohibition shall erect and maintain official traffic-control devices on the controlled-access highway on which such prohibitions are applicable, and when such devices are in place no person shall disobey the restrictions stated thereon. (c) For purposes of this Code section, roadways within the jurisdiction of the Department of Transportation and roadways within the jurisdiction of local authorities shall be as set forth in Code Section 32-4-1."

SECTION 10. Said title is further amended by revising Part 3 of Article 13 of Chapter 6, relating to motorized carts, to read as follows:

"Part 3 Personal Transportation Vehicles

40-6-330. Any local authority desiring to establish operating standards for personal transportation vehicles shall comply with Part 6 of this article.

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40-6-330.1. (a) All personal transportation vehicles shall be equipped with:
(1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; (5) Reflex reflectors; (6) Tail lamps; (7) A horn; (8) A rearview mirror; (9) Safety warning labels; and (10) Hip restraints and hand holds or a combination thereof. (b) The requirements of subsection (a) of this Code section shall not apply to any personal transportation vehicles operated during daylight hours authorized by local ordinances enacted prior to January 1, 2012.

40-6-331. (a) A local authority may, by ordinance, designate certain public streets or portions thereof or PTV paths that are under its regulation and control for the combined use of PTVs and regular vehicular traffic or the use of PTVs and no other types of motor vehicles and establish the conditions under which PTVs may be operated upon such streets or portions thereof or PTV paths, including without limitation the conditions under which a person may operate PTVs on such designated streets or portions thereof or PTV paths. All operators of PTVs shall be required to possess a valid driver's license except when operating a PTV within a locality whose local authority has enacted an ordinance permitting the use of PTVs or motorized carts on streets without possession of a driver's license prior to January 1, 2012. (b) Local authority ordinances may establish operating standards but shall not require PTVs to meet any requirements of general law as to registration, inspection, certificate of title, or licensing; provided, however, that a local authority may, by ordinance, require the local registration and licensing of PTVs operated within its boundaries at least once every five years for a fee not to exceed $15.00. No local authority shall be liable for losses that result from exercising or not exercising inspection powers or functions, including failure to make an inspection or making an inadequate or negligent inspection of a PTV. The provisions of this subsection and the authority granted by this subsection shall not apply to PTVs owned by golf courses, country clubs, or other such organized entities which own such PTVs and make them available to or for use by members or the public on a rental or

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licensed basis, provided that such PTVs are used only on the premises of such golf courses, country clubs, or other such organized entities. (c) Each local authority permitting the use of PTVs upon the public streets within its jurisdiction shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality or boundaries of the county. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that PTVs are authorized for use on public streets. All costs associated with such signs shall be funded entirely by the local authority. Ordinances establishing operating standards for PTVs shall not be effective unless appropriate signs giving notice are posted as required by this subsection.
(d)(1) In jurisdictions where PTVs are permitted or otherwise allowed by state law, PTVs may cross streets and highways that are part of the state highway system only at crossings or intersections designated for that purpose and which are constructed as an active grade crossing in accordance with the Manual on Uniform Traffic Control Devices. PTV crossings shall be indicated by warning sign W11-11 of the Standard Highway Signs and be clearly visible in both directions by vehicles traversing the highway which is being crossed or intersected by PTVs. (2) PTVs may cross streets and highways that are part of a municipal street system or county road system and used by other types of motor vehicles only at crossings or intersections designated for that purpose by the local authority having jurisdiction over such system."

SECTION 11. Said title is further amended by revising Part 6 of Article 13 of Chapter 6, relating to personal transportation vehicles, to read as follows:

"Part 6 Personal Transportation Vehicle Transportation Plan

40-6-363. The purpose of this part shall be to authorize any local authority to establish a personal transportation vehicle transportation plan for roadways and streets within the local authority's jurisdiction. It is the intent of the General Assembly that these plans be designed and developed to best serve the functional travel needs of the jurisdiction and to have the physical safety of the personal transportation vehicle occupants and their property as a major planning component. No local authority shall be liable for losses resulting from exercising or not exercising its authority to adopt a personal transportation vehicle transportation plan, failing to adopt such plan, making an inadequate plan, or negligently adopting such plan.

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40-6-364. As used in this part, the term:
(1) 'Personal transportation vehicle lane' or 'PTV lane' means a portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating personal transportation vehicles. Such PTV lanes shall at a minimum meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth in the American Association of State Highway and Transportation Officials Safety Manual. (2) 'Personal transportation vehicle transportation plan' or 'PTV plan' means a detailed guide for the operation of personal transportation vehicles upon local streets and road segments passed by a local authority through ordinance or resolution. (3) 'Plan area' means the territory designated by a local authority in a personal transportation vehicle transportation plan that provides for use of personal transportation vehicles and may include privately owned land upon the consent of the landowner.

40-6-365. (a) A local authority may, by ordinance or resolution, adopt a PTV plan. (b) Prior to the enactment of a PTV plan, a local authority shall submit the plan to any agency having traffic law enforcement responsibilities in the plan area and allow for input and comment upon the PTV plan. (c) A PTV plan shall:
(1) Establish minimum general design criteria for the development, planning, and construction of separated PTV lanes, including, but not limited to, the design speed of the facility, the space requirements of the personal transportation vehicle, and roadway design criteria. This paragraph shall not apply if a local authority's governing body and the law enforcement agency with primary traffic jurisdiction over the street in question concludes that the street or roadway segment is suitable to safely accommodate both regular vehicular traffic and personal transportation vehicles but shall be governed by the requirements listed in Code Section 40-6-368; (2) Establish uniform specifications and symbols for signs, markers, and traffic control devices consistent with the most current version of the Manual on Uniform Traffic Control Devices to control personal transportation vehicle traffic; to warn of dangerous conditions, obstacles, or hazards; to designate the right of way between personal transportation vehicles, other motor vehicles, and bicycles; to state the nature and destination of the PTV lane; and to warn pedestrians, bicyclists, and motorists of the presence of personal transportation vehicle traffic; (3) Include a permitting process for personal transportation vehicles operating within the plan area. Such permitting process may include, but is not limited to, requirements regarding permit posting, permit renewal, operator education, and liability insurance. Local authorities may require a personal transportation vehicle to be permitted at least once every five years for a fee not to exceed $15.00;

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(4) Establish minimum safety criteria for personal transportation vehicle operators, including, but not limited to, requirements relating to personal transportation vehicle maintenance and personal transportation vehicle safety. Unless otherwise allowed by law under local ordinance established prior to January 1, 2012, as authorized by Part 3 of this article, operators shall be required to possess a valid driver's license and comply with the financial responsibility requirements for passenger vehicle operators; (5) Establish restrictions limiting the operation of personal transportation vehicles to PTV lanes, paths, or other approved streets or road segments in the plan area; and (6) Provide that any person operating a personal transportation vehicle in the plan area in violation of the PTV plan is guilty of an infraction punishable by a fine as established by law. (d) A PTV plan may include, but is not limited to, the following elements: (1) Route selection, which includes a finding that the route will accommodate personal transportation vehicles without an adverse impact upon traffic safety, and will consider, among other things, the travel needs of commuters and other users; (2) Transportation interfacing, which shall include, but not be limited to, coordination with other modes of transportation; (3) Community involvement in planning; (4) Flexibility and coordination with long-range transportation planning; (5) Provision for personal transportation vehicle related facilities including, but not limited to, special access points, charging stations, and personal transportation vehicle crossings; (6) Provisions for parking facilities, including, but not limited to, community commercial centers, golf courses, public areas, parks, and other destination locations; and (7) Provisions for special paving, road markings, signage and striping for PTV lanes, road crossings, parking, and circulation. (e) A PTV plan shall not include the use of any state highway, or any portion thereof, or the operation of personal transportation vehicles except that a crossing of, or a PTV lane along, a state highway may be included in the plan if consistent with accepted guidelines, recommendations, and criteria with respect to planning, design, signage, operation, and maintenance of shared use paths or PTV lanes as set forth in the Manual on Uniform Traffic Control Devices and the American Association of State Highway and Transportation Officials Safety Manual.

40-6-366. A local authority that adopts a PTV plan may establish PTV lanes through the acquisition of property, including easements or rights of way, by dedication, purchase, or condemnation.

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40-6-367. This part shall have no application to any county or municipality that has enacted prior to January 1, 2012, an ordinance authorizing the operation of PTVs.

40-6-368. Any street or highway segment upon which the joint use by regular vehicle traffic and personal transportation vehicles is permitted shall:
(1) Have speed limits of 25 miles per hour or less, as established by an engineering and traffic survey; and (2) Have been determined by a qualified traffic engineer to accommodate personal transportation vehicles without adversely impacting traffic safety or the travel needs of commuters and other users.

40-6-369. (a) All personal transportation vehicles authorized by a PTV plan to operate on a street, road segment, or PTV lane are entitled to full use of a lane, and no motor vehicle shall be driven in such manner as to deprive a personal transportation vehicle of the full use of a lane. (b) The operator of a personal transportation vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a personal transportation vehicle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Personal transportation vehicles shall not be operated two or more abreast in a single lane.

40-6-369.1. Personal transportation vehicles shall only be operated on highways where the posted speed limit does not exceed 25 miles per hour. The operator of a personal transportation vehicle shall not operate such vehicle on any highway where the posted speed limit exceeds 25 miles per hour."

SECTION 12. Said title is further amended by revising Code Section 40-6-371, relating to powers of local authorities relative to rules of the road, to read as follows:
"40-6-371. (a) This chapter shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:
(1) Regulating or prohibiting stopping, standing, or parking; (2) Regulating traffic by means of police officers or official traffic-control devices; (3) Regulating or prohibiting processions or assemblages on the highways;

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(4) Designating particular highways or roadways for use by traffic moving in one direction as authorized in Code Section 40-6-47; (5) Establishing speed limits for vehicles in public parks, notwithstanding any provisions of law establishing a minimum speed limit for an area outside an urban or residential district; (6) Designating any highway as a through highway or designating any intersection or junction of roadway as a stop or yield intersection or junction; (7) Requiring the registration and inspection of bicycles, including the requirement of a registration fee; (8) Designating any highway intersection as a 'yield right of way' intersection and requiring vehicles facing a 'yield right of way' sign to yield the right of way to other vehicles; (9) Regulating or prohibiting the turning of vehicles or specified types of vehicles; (10) Altering or establishing speed limits as authorized by law; (11) Designating no-passing zones as authorized in Code Section 40-6-46; (12) Prohibiting or regulating the use of controlled-access roadways by any class of vehicle or kind of traffic as authorized in Code Section 40-6-51; (13) Prohibiting or regulating the use of heavily traveled streets by any class of vehicle or kind of traffic found to be incompatible with the normal and safe movement of traffic; (14) Establishing minimum speed limits as authorized by law; (15) Designating hazardous railroad grade crossings as authorized in Code Section 40-6-141; (16) Designating and regulating traffic on play streets; (17) Regulating persons propelling push carts; (18) Regulating persons upon skates, coasters, sleds, and other toy vehicles; (18.1) Regulating the operation of electric personal assistive mobility devices, provided that such regulations are no less restrictive than those imposed by Part 2A of Article 13 of this chapter; (18.2) Regulating the operation of personal transportation vehicles, provided that such regulations comply with Parts 3 and 6 of Article 13 of this chapter; (19) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; or (20) Adopting such other traffic regulations as are specifically authorized by this chapter. (a.1) No fine imposed by a local authority for violation of an ordinance or regulation for conduct which constitutes a violation of a provision of this chapter shall exceed any maximum fine specified by this chapter for such violation. (b) No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Department of Transportation of the State of Georgia. If this issue is on trial in a civil or criminal action, the proper authority shall be presumed.

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(c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), or (18.2) of subsection (a) of this Code section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or the part thereof affected as may be most appropriate."

SECTION 13. Said title is further amended by revising Code Section 40-8-1, relating to the applicability of the article relative to equipment and inspection of motor vehicles, to read as follows:
"40-8-1. (a) This article shall not apply to implements of husbandry, road machinery, road rollers, farm tractors, or three-wheeled motorcycles used only for agricultural purposes, except when expressly made applicable. This article shall not apply to personal transportation vehicles. (b) Nothing in this article shall be construed to prohibit the use of additional parts and accessories on any vehicle, which use is not inconsistent with the provisions of this article."

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

Approved April 25, 2014.

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GENERAL PROVISIONS STATE GOVERNMENT PURPLE HEART DAY; PURPLE HEART STATE.

No. 630 (Senate Bill No. 276).

AN ACT

To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate a Purple Heart Day; to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to provide that Georgia shall be a "Purple Heart State"; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code section to read as follows:
"1-4-21. (a) August 7 of every year is designated as 'Purple Heart Day.' (b) The Governor may annually issue a proclamation designating August 7 as 'Purple Heart Day.' Public officials, schools, private organizations, and all residents of this state are encouraged to commemorate Purple Heart Day and honor those wounded or killed while serving in any branch of the United States Armed Services."

SECTION 2. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new Code section to read as follows:
"50-3-86. Georgia is designated as a 'Purple Heart State,' honoring our combat wounded veterans for their service and sacrifice in allowing the United States of America to maintain its sovereignty."

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

Approved April 26, 2014.

__________

ALCOHOLIC BEVERAGES PRODUCTION OF DISTILLED SPIRITS FOR EDUCATIONAL PURPOSES BY NONPROFIT MUSEUMS.

No. 631 (Senate Bill No. 240).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the licensing of the production of distilled spirits for educational purposes by certain nonprofit museums; to provide a definition; to provide for an annual occupational license tax; to provide for limitations of the nonprofit distiller license; to authorize complimentary samples of the distilled spirits produced by a nonprofit museum; to provide that no bond shall be required for an application for a nonprofit distiller license; to provide for the maximum license fee that may be charged for a nonprofit distiller license;

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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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising Code Section 3-4-22, relating to bonds required for application for or renewal of licenses, amount, and multiyear bonds, as follows:
"3-4-22. (a) All applicants for all licenses issued pursuant to this chapter shall file with the commissioner, along with each initial application, a bond:
(1) Conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to distilled spirits. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds shall be in the following calendar year amounts: (1) For distillers and manufacturers, $10,000.00; (2) For wholesale dealers and importers, $5,000.00; and (3) For retail dealers and brokers, $2,500.00. (c) All applicants for annual renewal of licenses issued pursuant to this chapter, other than retail licenses, shall file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds shall meet the same conditions as those filed with the initial application."

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"3-9-7. (a) As used in this Code section, the term 'nonprofit museum' means a museum whose mission includes educating the public about the local, state, and national history of the United States and that is owned and operated by a bona fide nonprofit civic organization which holds title to improved real property with a structure listed on the National Register of Historic Places. (b) Notwithstanding any other provision contained in this title or any other law, the commissioner may issue a nonprofit distiller license to a nonprofit museum, regardless of whether or not such nonprofit museum holds an annual license to sell malt beverages, wine,

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or distilled spirits for consumption on the premises, upon the filing of an application and payment of an annual occupational license tax of $100.00. Such nonprofit distiller license shall entitle the nonprofit museum to produce distilled spirits, provided that:
(1) The nonprofit museum shall not produce more than 800 liters of distilled spirits each calendar year; (2) The nonprofit museum is located in a county or municipality where the production of distilled spirits is authorized, and the local governing authority of such county or municipality has issued a license to the nonprofit museum pursuant to Code Section 3-3-2 for the production of distilled spirits; (3) The production of distilled spirits, except as otherwise provided in this Code section, shall be used for educational purposes only; (4) The distilled spirits produced by the nonprofit museum shall be stored and aged only on the premises of the nonprofit museum for which the nonprofit distiller license has been issued and shall not be removed from such premises except through disposal methods consistent with federal and state law and any applicable rules or regulations promulgated thereunder; and (5) The distilled spirits produced by the nonprofit museum shall only be used on the premises of the nonprofit museum for which the nonprofit distiller license has been issued and only to provide samples pursuant to subsection (c) of this Code section. Such distilled spirits shall not be sold or offered for sale by the nonprofit museum to any person or entity. (c) The nonprofit distiller license shall authorize the nonprofit museum to provide not more than one-half of one ounce as a complimentary sample of the distilled spirits produced at the nonprofit museum to a guest who has completed an educational tour of the distillery at the nonprofit museum and is of legal drinking age; provided, however, that the nonprofit museum shall not impose a separate charge for the sample and shall not provide, directly or indirectly, more than one sample to a guest in a calendar day. Such sample shall be provided in a designated tasting area on the premises of the nonprofit museum for which the nonprofit distiller license has been issued, and all open bottles shall be visible at all times. (d) No bond shall be required to be filed with the commissioner for the initial application or the annual renewal application of a nonprofit distiller license. (e) The annual license fee to be charged by a county or municipality for a nonprofit distiller license shall not be more than $100.00 for each license."

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

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

Approved April 26, 2014.

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REVENUE AND TAXATION ESTATE TAXES; PROHIBITED.

No. 633 (House Bill No. 658).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal Chapter 12, relating to estate tax, and enact a new Chapter 12; to prohibit the levy or collection of estate taxes; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by repealing in its entirety Chapter 12, relating to estate tax, and enacting a new Chapter 12 to read as follows:

"CHAPTER 12

48-12-1. (a) On and after July 1, 2014, there shall be no estate taxes levied by the state and no estate tax returns shall be required by the state. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the enactment of this Code section and shall continue to be governed by the provisions of general law as it existed immediately prior to July 1, 2014. (c) This Code section shall not abate any prosecution, punishment, penalty, administrative proceeding or remedy, or civil action related to any violation of law committed prior to July 1, 2014."

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

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

Approved April 28, 2014.

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MINORS SOCIAL SERVICES COURTS INTERSTATE COMPACT FOR JUVENILES.

No. 634 (House Bill No. 898).

AN ACT

To amend Titles 39 and 49 of the Official Code of Georgia Annotated, relating to minors and social services, respectively, so as to repeal the Interstate Compact on Juveniles enacted in 1972 in Title 39 and enact a new Interstate Compact for Juveniles in Title 49; to provide for a short title; to provide for definitions; to provide for implementation of said compact; to provide for an interstate commission; to provide for powers, duties, organization, operation, rule-making functions, oversight, enforcement, dispute resolution, and finances for the interstate commission; to provide for a compact administrator; to provide for a state council; to provide for compacting states and amendments; to provide for withdrawal, default, termination, and judicial enforcement; to provide for severability and construction; to amend Code Section 15-11-10 and Title 49 of the Official Code of Georgia Annotated, relating to the exclusive original jurisdiction of juvenile courts and social services, respectively, so as to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by repealing and reserving Chapter 3, relating to the Interstate Compact on Juveniles.

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PART II SECTION 2-1.

Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by adding a new chapter to read as follows:

"CHAPTER 4B

49-4B-1. This chapter shall be known and may be cited as the 'Interstate Compact for Juveniles.'

49-4B-2. The Governor of this state is authorized and directed to execute a compact on behalf of the State of Georgia with any of the United States legally joining therein in the form substantially as follows:

ARTICLE I. PURPOSE.

The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact, through means of joint and cooperative action among the compacting states to:
(A) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (B) Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (C) Return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (D) Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) Provide for the effective tracking and supervision of juveniles; (F) Equitably allocate the costs, benefits and obligations of the compacting states;

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(G) Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (H) Insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) Establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (J) Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of Compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (K) Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (L) Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (M) Coordinate the implementation and operation of the compact with the Interstate Compact on the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

ARTICLE II. DEFINITIONS.

As used in this compact, unless the context clearly requires a different construction: (A) 'By-laws' means those by-laws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. (B) 'Compact Administrator' means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. (C) 'Compacting State' means any state which has enacted the enabling legislation for this compact. (D) 'Commissioner' means the voting representative of each compacting state appointed pursuant to Article III of this compact.

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(E) 'Court' means any court having jurisdiction over delinquent, neglected, or dependent children. (F) 'Deputy Compact Administrator' means the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. (G) 'Interstate Commission' means the Interstate Commission for Juveniles created by Article III of this compact. (H) 'Juvenile' means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense; (2) Adjudicated Delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense; (3) Accused Status Offender - a person charged with an offense that would not be a criminal offense if committed by an adult; (4) Adjudicated Status Offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and (5) Non-Offender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent. (I) 'Non-Compacting state' means any state which has not enacted the enabling legislation for this compact. (J) 'Probation or Parole' means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states. (K) 'Rule' means a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule. (L) 'State' means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.

ARTICLE III. INTERSTATE COMMISSION FOR JUVENILES.

(A) The compacting states hereby create the 'Interstate Commission for Juveniles.' The commission shall be a body corporate and joint agency of the compacting states. The

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commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. (B) The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state. (C) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members. The Interstate Commission may provide in its by-laws for such additional ex-officio (non-voting) members, including members of other national organizations, in such numbers as shall be determined by the commission. (D) Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. (E) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. (F) The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the by-laws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the by-laws. (G) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and

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affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. (H) The Interstate Commission's by-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (I) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practices and procedures; (2) Disclose matters specifically exempted from disclosure by statute; (3) Disclose trade secrets or commercial or financial information which is privileged or confidential; (4) Involve accusing any person of a crime, or formally censuring any person; (5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (6) Disclose investigative records compiled for law enforcement purposes; (7) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity; (8) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or (9) Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding. (J) For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

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(K) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.

ARTICLE IV. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.

The commission shall have the following powers and duties: (1) To provide for dispute resolution among compacting states. (2) To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact. (3) To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any by-laws adopted and rules promulgated by the Interstate Commission. (4) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the by-laws, using all necessary and proper means, including but not limited to the use of judicial process. (5) To establish and maintain offices which shall be located within one or more of the compacting states. (6) To purchase and maintain insurance and bonds. (7) To borrow, accept, hire or contract for services of personnel. (8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel. (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it. (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed. (13) To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.

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(14) To sue and be sued. (15) To adopt a seal and by-laws governing the management and operation of the Interstate Commission. (16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. (17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission. (18) To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity. (19) To establish uniform standards of the reporting, collecting and exchanging of data. (20) The Interstate Commission shall maintain its corporate books and records in accordance with the By-laws.

ARTICLE V. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
Section A. By-laws

(1) The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(a) Establishing the fiscal year of the Interstate Commission; (b) Establishing an executive committee and such other committees as may be necessary; (c) Provide for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission; (d) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; (e) Establishing the titles and responsibilities of the officers of the Interstate Commission; (f) Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations. (g) Providing 'start-up' rules for initial administration of the compact; and (h) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

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Section B. Officers and Staff (1) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission. (2) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.

Section C. Qualified Immunity, Defense and Indemnification (1) The Commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (2) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (3) The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that

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the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. (4) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE VI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.

(A) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact. (B) Rulemaking shall occur pursuant to the criteria set forth in this article and the by-laws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the 'Model State Administrative Procedures Act,' 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U. S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission. (C) When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) Publish the proposed rule's entire text stating the reasons for that proposed rule; (2) Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available; (3) Provide an opportunity for an informal hearing if petitioned by ten or more persons; and (4) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties. (D) Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is

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substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act. (E) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state. (F) The existing rules governing the operation of The Interstate Compact on Juveniles superseded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder. (G) Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than ninety (90) days after the effective date of the emergency rule.

ARTICLE VII. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION. Section A. Oversight

(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states. (2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

Section B. Dispute Resolution (1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules. (2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise

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among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. (3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.

ARTICLE VIII. FINANCE.

(A) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. (B) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment. (C) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. (D) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE IX. THE STATE COUNCIL.

Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and

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may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the compact within that state.

ARTICLE X. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.

(A) Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article II of this compact is eligible to become a compacting state. (B) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States. (C) The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XI. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT.
Section A. Withdrawal

(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (2) The effective date of withdrawal is the effective date of the repeal. (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof. (4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

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(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

Section B. Technical Assistance, Fines, Suspension, Termination and Default (1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
(a) Remedial training and technical assistance as directed by the Interstate Commission; (b) Alternative Dispute Resolution; (c) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and (d) Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or the Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the by-laws, or duly promulgated rules and any other grounds designated in commission by-laws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. (2) Within 60 days of the effective date of termination of a defaulting state, the Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, the Majority and Minority Leaders of the defaulting state's legislature, and the state council of such termination. (3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

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(4) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. (5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

Section C. Judicial Enforcement The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.

Section D. Dissolution of Compact (1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state. (2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the by-laws.

ARTICLE XII. SEVERABILITY AND CONSTRUCTION.

(A) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (B) The provisions of this compact shall be liberally construed to effectuate its purposes.

ARTICLE XIII. BINDING EFFECT OF COMPACT AND OTHER LAWS.
Section A. Other Laws

(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact. (2) All compacting states' laws other than state Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

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Section B. Binding Effect of the Compact (1) All lawful actions of the Interstate Commission, including all rules and by-laws promulgated by the Interstate Commission, are binding upon the compacting states. (2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms. (3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation. (4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

49-4B-3. With respect to the Interstate Compact for Juveniles set out in Code Section 49-4B-2:
(1) The Governor shall by executive order establish the initial composition, terms, and compensation of the Georgia State Council for Interstate Juvenile Supervision required by Article IX of that compact, with the Governor making the appointments to those positions; except that any appointment to a position representing the legislative branch shall be made jointly by the Speaker of the House of Representatives and the President of the Senate and any appointment to a position representing the judicial branch shall be made by the Chief Justice of the Supreme Court; (2) The Governor shall by executive order establish the qualifications, term, and compensation of the compact administrator required by Article III of that compact, with the state council making the appointment of the compact administrator; (3) The Governor shall by executive order provide for any other matters necessary for implementation of the compact at the time that it becomes effective; and (4) Except as otherwise provided for in this Code section, the board may promulgate rules or regulations necessary to implement and administer the compact, subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

PART III SECTION 3-1.

Code Section 15-11-10 of the Official Code of Georgia Annotated, relating to the exclusive original jurisdiction of juvenile courts, is amended by revising subparagraph (C) of paragraph (2) as follows:

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"(C) Under Chapter 4B of Title 49, the Interstate Compact for Juveniles, or any comparable law, enacted or adopted in this state;"

SECTION 3-2. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (3) of subsection (a) of Code Section 49-4A-7, relating to the powers and duties of the Department of Juvenile Justice, as follows:
"(3) Provide casework services and care or payment of maintenance costs for children who have run away from their home communities within this state or from their home communities in this state to another state or from their home communities in another state to this state; pay the costs of returning such runaway children to their home communities; and provide such services, care, or costs for runaway children as may be required under Chapter 4B of Title 49;"

SECTION 3-3. Said title is further amended by revising subparagraph (a)(3)(D) of Code Section 49-5-8, relating to the powers and duties of the Department of Human Services, as follows:
"(D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 4B of Title 49;"

PART IV SECTION 4-1.

This Act shall become effective on July 1, 2014.

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

Approved April 28, 2014.

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COURTS CRIMES AND OFFENSES DOMESTIC RELATIONS GUARDIAN AND WARD WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES REVISION OF JUVENILE CODE; PARENTAL POWER; TESTAMENTARY GUARDIANS.

No. 635 (Senate Bill No. 364).

AN ACT

To amend Chapter 11 of Title 15 and Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the Juvenile Code and schedules, offenses, and penalties, respectively, so as to revise and correct errors or omissions in furtherance of the work of the Georgia Council on Criminal Justice Reform to recommend legislation; to repeal portions of the Juvenile Code which conflict with other provisions of the Code; to revise definitions; to provide conformity within the Juvenile Code and with federal law; to correct cross-references; to change time frames for certain proceedings; to change provisions relating to the duties and responsibilities of a CASA; to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental power lies and how such power may be lost, so as to correct a cross-reference; to revise a definition relating to purchase, possession, or having control of controlled substances or marijuana; to clarify provisions relating to earned time and parole for persons convicted of trafficking in certain drugs; to amend Code Section 29-2-4 of the Official Code of Georgia Annotated, relating to nomination of testamentary guardian, so as to change provisions relating to the appointment of a testamentary guardian; to provide for objections to the nomination of a testamentary guardian and procedure; to amend Code Section 53-5-21 of the Official Code of Georgia Annotated, relating to the procedure for probating a will in solemn form, so as to provide for conforming a cross-reference; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising paragraphs (5), (10), (39), subparagraph (F) of paragraph (43), (52), and (71) of Code Section 15-11-2, relating to definitions, as follows:
"(5) 'Aggravated circumstances' means the parent has: (A) Abandoned a child;

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(B) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of such parent; (C) Subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual exploitation; (D) Committed the murder or voluntary manslaughter of his or her child's other parent or has been convicted of aiding or abetting, attempting, conspiring, or soliciting the murder or voluntary manslaughter of his or her child's other parent; (E) Committed the murder or voluntary manslaughter of another child of such parent; or (F) Committed an assault that resulted in serious bodily injury to his or her child or another child of such parent." "(10) 'Child' means any individual who is: (A) Under the age of 18 years; (B) Under the age of 17 years when alleged to have committed a delinquent act; (C) Under the age of 22 years and in the care of DFCS as a result of being adjudicated dependent before reaching 18 years of age; (D) Under the age of 23 years and eligible for and receiving independent living services through DFCS as a result of being adjudicated dependent before reaching 18 years of age; or (E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court." "(39) 'Informal adjustment' means the disposition of a case other than by formal adjudication and disposition." "(F) Has legitimated a child pursuant to Code Section 19-7-21.1." "(52) 'Party' means the state, a child, parent, guardian, legal custodian, or other person subject to any judicial proceeding under this chapter; provided, however, that for purposes of Articles 5 and 6 of this chapter, only a child and the state shall be a party." "(71) 'Sibling' means a person with whom a child shares a biological father or one or both parents in common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution."

SECTION 1-2. Said chapter is further amended by revising subsection (a) of Code Section 15-11-5, relating to computation of time, as follows:
"(a) When a period of time measured in days, weeks, months, years, or other measurements of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weekend, the party having such privilege or duty shall have through the following business day to exercise such privilege or discharge such duty."

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SECTION 1-3. Said chapter is further amended by revising subparagraph (F) of paragraph (1) and subparagraph (D) of paragraph (2) of Code Section 15-11-10, relating to exclusive original jurisdiction, as follows:
"(F) Has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision or a probation begun either prior to such child's seventeenth birthday if the order is entered as a disposition for an adjudication for delinquency or prior to such child's eighteenth birthday if the order is entered for an adjudication for a child in need of services;" "(D) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child in accordance with Article 4 of this chapter; provided, however, that such jurisdiction shall not affect the superior court's exclusive jurisdiction to terminate the legal parent-child relationship and the rights of a biological father who is not the legal father of the child as set forth in Chapters 6 through 9 of Title 19;"

SECTION 1-4.
Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 15-11-16, relating to commencement of proceedings, as follows:
"(3) By the filing of a petition for legitimation under Code Section 15-11-11, or in other cases by the filing of a complaint or a petition as provided in Articles 3, 4, 6, 7, 8, and 10 of this chapter."

SECTION 1-5. Said chapter is further amended by adding a new subsection to Code Section 15-11-32, relating to modification or vacation of orders, as follows:
"(g) This Code section is intended to be retroactive and shall apply to any child who is under the jurisdiction of the court at the time of a hearing, regardless of the date of the original delinquency order."

SECTION 1-6. Said chapter is further amended by revising subsection (c) of Code Section 15-11-38, relating to community based risk reduction programs, as follows:
"(c) As part of an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county division of family and children services, the county department of health, DJJ, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall

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authorize the exchange of confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in Code Section 15-11-40."

SECTION 1-7. Said chapter is further amended by revising paragraph (14) of subsection (c) of Code Section 15-11-105, relating to powers and duties of guardian ad litem, as follows:
"(14) Attend judicial citizen panel review hearings concerning such child and if unable to attend the hearings, forward to the panel a letter setting forth such child's status during the period since the last judicial citizen panel review and include an assessment of the DFCS permanency and treatment plans;"

SECTION 1-8. Said chapter is further amended by revising subsection (c) of Code Section 15-11-110, relating to continuance of hearing in dependency proceedings, as follows:
"(c) A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Except as otherwise provided by judicial rules governing attorney conflict resolution, a pending criminal prosecution or family law matter shall not constitute good cause. The need for discovery shall not constitute good cause unless the court finds that a person or entity has failed to comply with an order for discovery."

SECTION 1-9. Said chapter is further amended by revising subsections (c) and (e) of Code Section 15-11-135, relating to placement in eligible foster care, as follows:
"(c) An alleged dependent child may be placed in foster care only in: (1) A licensed or approved foster home or a home approved by the court which may be a public or private home; (2) The home of the child's noncustodial parent; (3) The home of a relative; (4) The home of fictive kin; (5) A facility operated by a licensed child welfare agency; or (6) A licensed shelter care facility approved by the court."
"(e) In any case in which a child is taken into protective custody of DFCS, such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or document why such joint placement would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings."

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SECTION 1-10. Said chapter is further amended by revising Code Section 15-11-150, relating to the authority to file a petition for dependency, as follows:
"15-11-150. A DFCS employee, a law enforcement officer, or any person who has actual knowledge of the abuse, neglect, or abandonment of a child or is informed of the abuse, neglect, or abandonment of a child that he or she believes to be truthful may make a petition alleging dependency. Such petition shall not be accepted for filing unless the court or a person authorized by the court has determined and endorsed on the petition that the filing of the petition is in the best interests of the public and such child."

SECTION 1-11. Said chapter is further amended by revising paragraph (14) of subsection (b) of Code Section 15-11-201, relating to DFCS case plan, as follows:
"(14) A recommendation for a permanency plan for such child. If, after considering reunification, adoptive placement, or permanent guardianship, DFCS recommends placement in another planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why reunification, termination of parental rights, adoptive placement, or permanent guardianship are not in the child's best interests. For purposes of this paragraph, a 'compelling reason' shall have the same meaning as in paragraph (2) of subsection (b) of Code Section 15-11-233;"

SECTION 1-12. Said chapter is further amended by revising paragraph (1) of subsection (c) of Code Section 15-11-210, relating to disposition hearings, as follows:
"(1) The social study report as provided for in Code Section 15-11-191, if applicable, and the child adjudicated as a dependent child's proposed written case plan. The social study report and case plan shall be filed with the court not less than 48 hours before the disposition hearing;"

SECTION 1-13. Said chapter is further amended by revising subsections (c) through (e) of Code Section 15-11-211, relating to relative search by DFCS, as follows:
"(c) All adult relatives of the alleged dependent child identified in a diligent search required by this Code section, subject to exceptions due to family or domestic violence, shall be provided with notice:
(1) Specifying that an alleged dependent child has been or is being removed from his or her parental custody; (2) Explaining the options a relative has to participate in the care and placement of the alleged dependent child and any options that may be lost by failing to respond to the notice;

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(3) Describing the process for becoming an approved foster family home and the additional services and supports available for children placed in approved foster homes; and (4) Describing any financial assistance for which a relative may be eligible. (d) The diligent search required by this Code section and the notification required by subsection (c) of this Code section shall be completed, documented in writing, and filed with the court within 30 days from the date on which the alleged dependent child was removed from his or her home. (e) After the completion of the diligent search required by this Code section, DFCS shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to a child and with whom it may be appropriate to place the alleged dependent child until such relatives or persons are found or until such child is placed for adoption unless the court excuses DFCS from conducting a diligent search."

SECTION 1-14. Said chapter is further amended by revising subparagraph (a)(2)(C) of Code Section 15-11-212, relating to disposition of dependent children, as follows:
"(C) Any public agency authorized by law to receive and provide care for such child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include DJJ or DBHDD; or"

SECTION 1-15.
Said chapter is further amended by revising the introductory language of subsection (c) of Code Section 15-11-216, relating to periodic review hearings, as follows:
"(c) At the initial 75 day periodic review, the court shall approve the completion of the relative search, schedule the subsequent four-month review to be conducted by the court or a judicial citizen review panel, and shall determine:"

SECTION 1-16. Said chapter is further amended in Code Section 15-11-262, relating to right to attorney and appointment of guardian ad litem in termination of parental rights proceedings, by revising subsections (d) through (f) and by redesignating subsections (g) through (i) as subsections (h) through (j), respectively, as follows:
"(d) The court shall appoint a guardian ad litem for a child in a termination proceeding; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (e) The court shall appoint a CASA to serve as guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem.

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(f) The role of a guardian ad litem in a termination of parental rights proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (g) If an attorney or guardian ad litem has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding."

SECTION 1-17. Said chapter is further amended by revising Code Section 15-11-265, relating to suspension of right of voluntary surrender of parental rights, as follows:
"15-11-265. Once a petition to terminate parental rights has been filed, the parent of a child adjudicated as a dependent child shall thereafter be without authority to affect the custody of his or her child except such parent may:
(1) Consent to a judgment terminating his or her parental rights; and (2) Execute an act of surrender in favor of:
(A) A third party if all of the parties to the petition to terminate parental rights agree; or (B) The department."

SECTION 1-18. Said chapter is further amended by revising subsection (a) of Code Section 15-11-270, relating to venue for petition to terminate parental rights, as follows:
"(a) A proceeding under this article shall be commenced: (1) In the county that has jurisdiction over related dependency proceedings; (2) In the county in which a child legally resides; (3) In the county in which a child is present when the termination proceeding is commenced if such child is present without his or her parent, guardian, or legal custodian; or (4) In the county where the acts underlying the petition to terminate parental rights are alleged to have occurred."

SECTION 1-19. Said chapter is further amended by revising subsection (d) of Code Section 15-11-280, relating to the petition for termination of parental rights and putative fathers, as follows:
"(d) When a petition to terminate parental rights seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to his child, the petition shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child named in the petition or indicating the possibility of paternity of a child of the child's mother for a period beginning no more than two years immediately preceding such child's date of birth. The certificate shall document a search of the registry on or before the date

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of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition."

SECTION 1-20. Said chapter is further amended by revising subsection (e) of Code Section 15-11-282, relating to service of summons, as follows:
"(e)(1) Service by publication shall be made once a week for four consecutive weeks in the legal organ of the county where the petition to terminate parental rights has been filed and of the county of the biological father's last known address. Service shall be deemed complete upon the date of the last publication. (2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights. (3) The petition to terminate parental rights shall be available to the party whose rights are sought to be terminated free of charge from the court during business hours or, upon request, shall be mailed to such party. (4) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition to terminate parental rights to the absent party's last known address."

SECTION 1-21. Said chapter is further amended by revising Code Section 15-11-283, relating to notice to fathers, as follows:
"15-11-283. (a) Unless he has surrendered all parental rights to his child, a summons shall be served in the same manner as set forth in Code Section 15-11-282 on the biological father:
(1) Whose paternity has been previously established in a judicial proceeding to which the father was a party; (2) Whose identity is known to the petitioner or the petitioner's attorney; (3) Who is a registrant on the putative father registry and has acknowledged paternity of the child named in the petition brought pursuant to this article; (4) Who is a registrant on the putative father registry who has indicated possible paternity of the child named in the petition brought pursuant to this article that was born to such child's mother during a period beginning no more than two years immediately preceding such child's date of birth; or

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(5) Who, if the court finds from the evidence including but not limited to the affidavit of the mother of a child named in the petition brought pursuant to this article, has performed any of the following acts:
(A) Lived with such child; (B) Contributed to such child's support; (C) Made any attempt to legitimate such child; or (D) Provided support or medical care for such mother either during her pregnancy or during her hospitalization for the birth of such child. (b) The notice shall advise the biological father who is not the legal father that he may lose all rights to the child named in a petition brought pursuant to this article and will not be entitled to object to the termination of his rights to such child unless, within 30 days of receipt of notice, he files: (1) A petition to legitimate such child; and (2) Notice of the filing of the petition to legitimate with the court in which the termination of parental rights proceeding is pending. (c) If the identity of the biological father whose rights are sought to be terminated is not known to the petitioner or the petitioner's attorney and the biological father would not be entitled to notice in accordance with subsection (a) of this Code section, then it shall be rebuttably presumed that he is not entitled to notice of the proceedings. The court shall be authorized to require the mother to execute an affidavit supporting the presumption or show cause before the court if she refuses. Absent evidence rebutting the presumption, no further inquiry or notice shall be required by the court, and the court may enter an order terminating the rights of the biological father. (d) The court may enter an order terminating all the parental rights of a biological father, including any right to object thereafter to such proceedings: (1) Who fails to file a timely petition to legitimate the child named in a petition brought pursuant to this article and notice in accordance with subsection (b) of this Code section; (2) Whose petition to legitimate is subsequently dismissed for failure to prosecute; or (3) Whose petition to legitimate does not result in a court order finding that he is the legal father of the child named in a petition brought pursuant to this article."

SECTION 1-22. Said chapter is further amended by revising Part 4 of Article 4, relating to hearings in termination of parental rights cases, by adding a new Code section to read as follows:
"15-11-304. Except as provided in this Code section, hearings to terminate parental rights shall be conducted in accordance with Title 24. Testimony or other evidence relevant to determining whether a statutory ground for termination of parental rights exists may not be excluded on any ground of privilege, except in the case of:
(1) Communications between a party and his or her attorney; and

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(2) Confessions or communications between a priest, rabbi, or duly ordained minister or similar functionary and his or her confidential communicant."

SECTION 1-23. Said chapter is further amended by revising Code Section 15-11-322, relating to continuing court review when a child is not adopted, as follows:
"15-11-322. If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains unadopted, review the circumstances of such child to determine what efforts have been made to assure that such child will be adopted. The court shall: (1) Make written findings regarding whether reasonable efforts have been made to move such child to permanency; (2) Evaluate whether, in light of any change in circumstances, the permanency plan for such child remains appropriate; and (3) Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement."

SECTION 1-24. Said chapter is further amended by revising subsections (a) and (b) of Code Section 15-11-390, relating to filing of a complaint for a child in need of services, as follows:
"(a) A complaint alleging a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that such facts are true. (b) The complaint shall set forth plainly and with particularity:
(1) The name, date of birth, and residence address of the child alleged to be a child in need of services; (2) The facts alleging why the court has jurisdiction of the complaint; (3) The reasons why the complaint is in the best interests of the child and the public; (4) The names and residence addresses of the parent, guardian, or legal custodian, any other family members, or any other individuals living within such child's home; (5) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by such child; and (6) Whether any of the matters required by this subsection are unknown."

SECTION 1-25. Said chapter is further amended by revising subsection (a) of Code Section 15-11-400, relating to child in need of services and time limitations for continued custody, as follows:
"(a) The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than:

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(1) Twenty-four hours, excluding weekends and holidays, after such child is taken into temporary custody if he or she is being held in a secure residential facility or nonsecure residential facility; or (2) Seventy-two hours, excluding weekends and holidays, after such child is placed in foster care."

SECTION 1-26. Said chapter is further amended by revising subsections (b) through (g) of Code Section 15-11-402, relating to the right to an attorney and appointment of a guardian ad litem, as follows:"
(b) The court may appoint a guardian ad litem for a child alleged to be a child in need of services at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (c) The role of a guardian ad litem in a proceeding for a child in need of services shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (d) If an attorney or a guardian ad litem has previously been appointed for a child in a dependency or delinquency proceeding, the court, when possible, shall appoint the same attorney or guardian ad litem for a child alleged to be a child in need of services. (e) An attorney appointed to represent a child in a proceeding for a child in need of services shall continue representation in any subsequent appeals unless excused by the court. (f) A child alleged to be a child in need of services shall be informed of his or her right to an attorney at or prior to the first court proceeding for a child in need of services. A child alleged to be a child in need of services shall be given an opportunity to:
(1) Obtain and employ an attorney of his or her own choice; or (2) To obtain a court appointed attorney if the court determines that such child is an indigent person."

SECTION 1-27. Said chapter is further amended by revising subsection (c) of Code Section 15-11-410, relating to taking a child into temporary custody, and adding a new subsection to read as follows:
"(c) A person taking a child into temporary custody shall deliver such child, with all reasonable speed and without first taking such child elsewhere, to a medical facility if he or she is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer.

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(d) As soon as a juvenile court intake officer is notified that a child has been taken into temporary custody, such juvenile court intake officer shall administer a detention assessment and determine if such child should be released, remain in temporary custody, or be brought before the court."

SECTION 1-28. Said chapter is further amended by revising subsection (c) of Code Section 15-11-411, relating to taking a child into temporary custody, as follows:
"(c) If a parent, guardian, or legal custodian has not assumed custody of his or her child at the end of the 12 hour period described in subsection (a) of this Code section, the court shall be notified and shall place such child in the least restrictive placement consistent with such child's needs for protection or control. In making its determination of placement, the court should consider the following placement options:
(1) In the custody of such child's parents, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court; (2) In the custody of DFCS which shall promptly arrange for foster care of such child; (3) In a secure residential facility or nonsecure residential facility in accordance with Code Section 15-11-412; or (4) In any other court-approved placement that is not a secure residential facility or nonsecure residential facility."

SECTION 1-29.

Said chapter is further amended by revising Code Section 15-11-413, relating to continued

custody hearings, as follows:

"15-11-413.

(a) If a child alleged to be a child in need of services is being held in a secure residential

facility or nonsecure residential facility, a continued custody hearing shall be held

within 24 hours, excluding weekends and holidays. If such hearing is not held within the

time specified, such child shall be released from temporary detention in accordance with

subsection (c) of Code Section 15-11-411 and with authorization of the detaining authority.

(b) If a child alleged to be a child in need of services is not being held in a secure

residential facility or nonsecure residential facility and has not been released to the custody

of such child's parent, guardian, or legal custodian, a hearing shall be held within 72 hours,

excluding weekends and holidays, after such child is placed in foster care.

"

SECTION 1-30. Said chapter is further amended by revising Code Section 15-11-414, relating to continued custody hearing and findings, as follows:
"15-11-414. (a) At the commencement of a continued custody hearing, the court shall inform the parties of:

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(1) The nature of the allegations; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) Their due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (b) At a continued custody hearing, the court shall determine whether there is probable cause to believe that a child has committed a status offense or is otherwise a child in need of services and that continued custody is necessary. (c) If the court determines there is probable cause to believe that a child has committed a status offense or is otherwise in need of services, the court may order that such child: (1) Be released to the custody of his or her parent, guardian, or legal custodian; or (2) Be placed in the least restrictive placement consistent with such child's need for protection and control as authorized by Code Section 15-11-411 and in accordance with Code Section 15-11-415. (d) If the court determines there is probable cause to believe that such child has committed a status offense or is otherwise in need of services, the court shall: (1) Refer such child and his or her family for a community based risk reduction program; or (2) Order that a petition for a child in need of services be filed and set a date for an adjudication hearing. (e) Following a continued custody hearing, the court may detain a child alleged to be a child in need of services in a secure residential facility or nonsecure residential facility for up to 24 hours, excluding weekends and legal holidays, only for the purpose of providing adequate time to arrange for an appropriate alternative placement pending the adjudication hearing. (f) All orders shall contain written findings as to the form or conditions of a child's release. If a child alleged to be a child in need of services cannot be returned to the custody of his or her parent, guardian, or legal custodian at the continued custody hearing, the court shall state the facts upon which the continued custody is based. The court shall make the following findings of fact referencing any and all evidence relied upon to make its determinations: (1) Whether continuation in the home of such child's parent, guardian, or legal custodian is contrary to such child's welfare; and (2) Whether reasonable efforts have been made to safely maintain such child in the home of his or her parent, guardian, or legal custodian and to prevent or eliminate the need for

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removal from such home. Such finding shall be made at the continued custody hearing if possible but in no case later than 60 days following such child's removal from his or her home."

SECTION 1-31. Said chapter is further amended by revising subsections (a), (e), and (f) of Code Section 15-11-415, relating to detention decisions and findings, as follows:
"(a) Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that a child committed the act of which he or she is accused, there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and:
(1) Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period; or (2) Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court." "(e) If a child alleged to be a child in need of services can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided."

SECTION 1-32. Said chapter is further amended by revising Code Section 15-11-420, relating to the authority to file a petition for a child in need of services, as follows:
"15-11-420. A petition alleging that a child is a child in need of services may be filed by a parent, a guardian, a legal custodian, a law enforcement officer, a guardian ad litem, or an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true. Such petition shall not be accepted for filing unless the court or a person authorized by the court has determined and endorsed on the petition that the filing of the petition is in the best interests of the public and such child."

SECTION 1-33. Said chapter is further amended by revising subsection (a) of Code Section 15-11-441, relating to an adjudication hearing for a child in need of services, as follows:
"(a) If a child alleged to be a child in need of services is in continued custody, the adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition seeking an adjudication that such child is a child in need of services. If such child is not in continued custody, the adjudication hearing shall be scheduled to be held no later than 60 days after the filing of such petition."

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SECTION 1-34. Said chapter is further amended by revising subsection (a) of Code Section 15-11-442, relating to disposition hearings for a child in need of services, as follows:
"(a) If the court finds that a child is a child in need of services, a final disposition hearing shall be held and completed within 30 days of the conclusion of the adjudication hearing if the final disposition hearing is not held in conjunction with such adjudication hearing."

SECTION 1-35.
Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 15-11-443, relating to the duration of disposition orders, as follows:
"(1) A hearing is held prior to the expiration of the order upon motion of DFCS, DJJ, the petitioner, or on the court's own motion;"

SECTION 1-36. Said chapter is further amended by revising Code Section 15-11-476, relating to appointment of a guardian ad litem in delinquency cases, as follows:
"15-11-476. (a) The court shall appoint a guardian ad litem whenever:
(1) An alleged delinquent child appears before the court without his or her parent, guardian, or legal custodian; (2) It appears to the court that a parent, guardian, or legal custodian of an alleged delinquent child is incapable or unwilling to make decisions in the best interests of such child with respect to proceedings under this article such that there may be a conflict of interest between such child and his or her parent, guardian, or legal custodian; or (3) The court finds that it is otherwise in a child's best interests to do so. (b) The role of a guardian ad litem in a delinquency proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (c) In a delinquency proceeding, a child's parent, guardian, legal custodian, or attorney shall not prohibit or impede the child's guardian ad litem's access to such child."

SECTION 1-37. Said chapter is further amended by revising paragraph (3) of subsection (e) of Code Section 15-11-450, relating to comprehensive services plan for child found unrestorably incompetent to proceed, as follows:
"(3) If such child's evaluation recommends inpatient treatment, certification by such plan manager that such child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37 and that all other appropriate community based treatment options have been exhausted; and"

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SECTION 1-38. Said chapter is further amended by revising subsection (d) of Code Section 15-11-451, relating to hearing on a mental health plan, as follows:
"(d) If, during the comprehensive services plan hearing or any subsequent review hearing, the court determines that a child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37, such child may be committed to an appropriate treatment setting."

SECTION 1-39. Said chapter is further amended by revising subsection (b) of Code Section 15-11-511, relating to arraignment and admissions at arraignment, as follows:
"(b) The court may accept an admission at arraignment and may proceed immediately to disposition if a child is represented by counsel at arraignment. If a child's liberty is not in jeopardy, he or she may waive the right to counsel at arraignment. A child represented by counsel or whose liberty is not in jeopardy may make a preliminary statement indicating whether he or she plans to admit or deny the allegations of the complaint at the adjudication hearing. The court shall not accept an admission from a child whose liberty is in jeopardy and who is unrepresented by counsel."

SECTION 1-40.
Said chapter is further amended by revising subsection (a) of Code Section 15-11-531, relating to service of summons for adjudication hearings, as follows:
"(a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing."

SECTION 1-41. Said chapter is further amended by revising subsection (d) of Code Section 15-11-532, relating to sanctions for failure to obey a summons, as follows:
"(d) If there is sworn testimony that a child less than 16 years of age willfully refuses to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section 15-11-31."

SECTION 1-42. Said chapter is further amended by revising subsection (a) of Code Section 15-11-566, relating to dismissal order upon transfer to superior court, as follows:
"(a) If the court decides to transfer a child for trial in superior court, it shall dismiss the juvenile court petition alleging delinquency for the offense or offenses being transferred, set forth the offense or offenses which are being transferred, and make the following findings of fact in its dismissal order:

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(1) That the court had jurisdiction of the cause and the parties; (2) That the child subject to transfer was represented by an attorney; and (3) That the hearing was held in the presence of the child subject to transfer and his or her attorney."

SECTION 1-43. Said chapter is further amended by revising subsection (a) of Code Section 15-11-582, relating to adjudication hearings in delinquency cases and time limitations, as follows:
"(a) The court shall fix a time for the adjudication hearing. If an alleged delinquent child is in detention, the hearing shall be held no later than ten days after the filing of the delinquency petition. If a child is not in detention, the hearing shall be held no later than 60 days after the filing of such petition."

SECTION 1-44. Said chapter is further amended by revising subsections (c), (d), and (h) of Code Section 15-11-602, relating to the disposition of persons adjudicated for class A or class B designated felony acts, as follows:
"(c) An order for a child adjudicated for a class A designated felony act placing such child in restrictive custody shall provide that:
(1) Such child shall be placed in DJJ custody for an initial period of up to 60 months; (2) Such child shall be confined for a period set by the order in a secure residential facility, except as provided in subsection (e) of this Code section. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the confinement period set by the order; (3) After a period of confinement set by the court, such child shall be placed under intensive supervision not to exceed 12 months; (4) Such child shall not be released from intensive supervision unless by court order; and (5) All home visits shall be carefully arranged and monitored by DJJ personnel while such child is placed in a secure residential facility or nonsecure residential facility. (d) An order for a child adjudicated for a class B designated felony act placing such child in restrictive custody shall provide that: (1) Such child shall be placed in DJJ custody for an initial period of up to 36 months; provided, however, that not more than 18 months of such custodial period shall be spent in restrictive custody; (2) Except as provided in subsection (e) of this Code section, if such child is classified as moderate risk or high risk, he or she shall be confined for a period set by the order in a secure residential facility for half of the period of restrictive custody and the other half of the period of restrictive custody may, at the discretion of DJJ, be spent in a nonsecure residential facility. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the confinement period set by the order;

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(3) Except as provided in subsection (e) of this Code section, if such child is classified as low risk, he or she shall be confined for a period set by the order in a nonsecure residential facility. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the confinement period set by the order; (4) Such child shall be placed under intensive supervision not to exceed six months either after a period of confinement set by the court or as an initial period of supervision; (5) Such child shall not be released from intensive supervision unless by court order; and (6) All home visits shall be carefully arranged and monitored by DJJ personnel while a child is placed in a secure residential facility or nonsecure residential facility." "(h) The court shall identify the school last attended by a child adjudicated for a class A designated felony act or class B designated felony act and the school which such child intends to attend and shall transmit a copy of the adjudication to the principals of both schools within 30 days of the adjudication. Such information shall be subject to notification, distribution, and other requirements as provided in Code Section 20-2-671."

SECTION 1-45. Said chapter is further amended by revising subsection (a) of Code Section 15-11-604, relating to credit for time served, as follows:
"(a) A child adjudicated to have committed a delinquent act shall be given credit for each day spent in a secure residential facility, a nonsecure residential facility, or any institution or facility for the treatment or examination of a physical or mental disability awaiting adjudication, pending disposition and in connection with and resulting from a court order entered in the proceedings for which the disposition was imposed and in any institution or facility for treatment or examination of a physical or mental disability. Such credit shall be applied toward the child's disposition."

SECTION 1-46. Said chapter is further amended by revising subsection (d) of Code Section 15-11-656, relating to disposition of incompetent child, as follows:
"(d) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and the mandated outpatient competency remediation services. If such child is in an out-of-home placement, the court shall specify the type of competency remediation services to be performed at such child's location. A child may be placed in a crisis stabilization unit, as such term is defined in Code Section 7-1-29, or a psychiatric residential treatment facility operated by DBHDD or other program, not to include DJJ facilities, if the court makes a finding by clear and convincing evidence that:
(1) A child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37; and

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(2) All available less restrictive alternatives, including treatment in community residential facilities or community settings which would offer an opportunity for improvement of a child's condition, are inappropriate."

SECTION 1-47. Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental power lies and how such power may be lost, is amended by revising paragraph (8) of subsection (b) as follows:
"(8) A superior court order terminating parental rights of the legal father or the biological father who is not the legal father of the child in a petition for legitimation, a petition to establish paternity, a divorce proceeding, or a custody proceeding pursuant to this chapter or Chapter 5, 8, or 9 of this title, provided that such termination is in the best interest of such child; and provided, further, that this paragraph shall not apply to such termination when a child has been adopted or is conceived by artificial insemination as set forth in Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2 of Chapter 8 of this title."

PART II SECTION 2-1.

Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties, is amended by revising subsection (m) of Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as follows:
"(m) As used in this Code section, the term 'solid substance' means a substance that is not in a liquid or gas form. Such term shall include tablets, pills, capsules, caplets, powder, crystal, or any variant of such items."

SECTION 2-2. Said part is further amended by revising subsection (i) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, as follows:
"(i) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to subsection (g) of this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."

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SECTION 2-3. Said part is further amended by revising subsection (e) of Code Section 16-13-31.1, relating to trafficking in ecstasy, sentencing, and variation, as follows:
"(e) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to subsection (b) of this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."

PART III SECTION 3-1.

Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties, is amended by revising subsection (m) of Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as follows:
"(m) As used in this Code section, the term 'solid substance' means a substance that is not in a liquid or gas form. Such term shall include tablets, pills, capsules, caplets, powder, crystal, or any variant of such items."

PART IV SECTION 4-1.

Code Section 29-2-4 of the Official Code of Georgia Annotated, relating to nomination of testamentary guardian, is amended by revising subsection (b) as follows:
"(b)(1) Unless the minor has another living parent, upon probate of the minor's parent's will, letters of guardianship shall be issued to the individual nominated in the will who shall serve as testamentary guardian without a hearing provided that the individual is willing to serve and no objection is filed. If a timely objection is filed, letters of guardianship shall only be issued after a hearing held pursuant to paragraph (4) of this subsection. (2) At the time such will is offered for probate, notice of the testamentary guardianship shall be served by certified mail or statutory overnight delivery, return receipt requested, to the minor child's adult siblings and grandparents. If such child does not have adult siblings or grandparents, such notice shall be served on such child's great-grandparents, aunts, uncles, great aunts, or great uncles, insofar as any such relative exists.

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(3) Any person who receives a notice pursuant to this subsection and objects to the appointment of the nominated testamentary guardian shall file an objection with the court within ten days of being served with notice. Such objection shall include allegations and facts with reasonable specificity stating why the nominated testamentary guardian is unfit to serve. (4) If a timely objection is filed, the court shall conduct an expedited hearing within 30 days of the date of the filing of the last objection. The hearing shall be conducted in accordance with Code Section 29-2-14. The court shall award the letters of guardianship to the nominated testamentary guardian unless the objecting party establishes by clear and convincing evidence that the nominated testamentary guardian is unfit to serve as testamentary guardian. (5) Any proceeding relating to the appointment of a testamentary guardian shall not affect or delay the probating of a will."

SECTION 4-2. Code Section 53-5-21 of the Official Code of Georgia Annotated, relating to the procedure for probating a will in solemn form, is amended by revising subsection (b) as follows:
"(b) The petition to probate a will in solemn form shall set forth the full name, the place of domicile, and the date of death of the testator; the mailing address of the petitioner; the names, ages or majority status, and addresses of the surviving spouse and of all the other heirs, stating their relationship to the testator; and whether, to the knowledge of the petitioner, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, addresses, and ages or majority status of the beneficiaries under the other purported will. If a testamentary guardian is being appointed in accordance with subsection (b) of Code Section 29-2-4, the names and mailing addresses of any persons required to be served with notice pursuant to such Code section shall be provided by the petitioner. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for issuance of letters testamentary. If all of the heirs acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be probated and letters testamentary thereupon may issue without further delay; provided, however, that letters of guardianship shall only be issued in accordance with Code Section 29-2-4."

PART V SECTION 5-1.

Parts I and II and this part of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, Part III of this Act shall become effective on July 1, 2014, and Part IV of this Act shall become effective on January 1, 2015.

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Sections 2-2 and 2-3 of Part II of this Act shall apply to any sentence imposed on or after July 1, 2013.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2014.

__________

EDUCATION REVISE POWERS AND DUTIES OF GEORGIA STUDENT FINANCE COMMISSION AND GEORGIA STUDENT FINANCE AUTHORITY; REVISE FUNCTIONS AND COMPOSITION OF GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION; STUDENT LOAN FUNDS; ZELL MILLER GRANT SCHOLARS.

No. 636 (House Bill No. 697).

AN ACT

To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise the powers and duties of the Georgia Student Finance Commission; to revise the functions and composition of the board of directors of the Georgia Higher Education Assistance Corporation; to revise the composition of the board of directors of the Georgia Student Finance Authority; to revise the powers and duties of the Georgia Student Finance Authority; to change the distribution of funds contributed by taxpayers to student loan funds; to establish nonprofit corporations for the distribution of such funds; to provide for Zell Miller Grant Scholars; to provide for eligibility criteria to be a Zell Miller Grant Scholar; to revise terminology relating to Zell Miller Scholarship Scholars; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising subparagraph (H) of paragraph (7) of Code

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Section 20-3-236, relating to the powers and duties of the Georgia Student Finance Commission, board of commissioners, and officers, to read as follows:
"(H) To solicit, receive, and accept funds from any source, public or private, by gift, grant, bequest, or otherwise, either absolutely or in trust, and to hold, use, invest, administer, and expend such funds on behalf of the commission and for any of its purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal, or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of such property on behalf of the commission and for any of its purposes; and"

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 20-3-264, relating to functions and composition of the board of directors of the Georgia Higher Education Assistance Corporation, to read as follows:
"(a) Functions and composition. The corporation shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of the same persons who are serving as members of the board of commissioners of the commission pursuant to Code Section 20-3-234. The executive director of the corporation, or president, if designated by such title by the board of directors, shall be an ex officio member of the board of directors. The board of directors provided for by this subsection shall be the successor to and a continuation of, without interruption, the board of directors of the previously existing Georgia Higher Education Assistance Corporation. No director shall be eligible to become an officer or employee of the corporation for a period of one year after expiration of the director's period of service as a director of the corporation."

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 20-3-314, relating to functions, composition, organization, and conduct of affairs of the board of directors of the Georgia Student Finance Authority, to read as follows:
"(a) Functions and composition. The authority shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of the same persons who are serving as members of the board of commissioners of the commission pursuant to Code Section 20-3-234. The executive director of the authority, or president, if designated by such title by the board of directors, shall be an ex officio member of the board of directors. The board of directors provided for by this subsection shall be the successor to and a continuation of, without interruption, the board of directors of the previously existing Georgia Higher Education Assistance Authority. No director shall be eligible to become an officer or employee of the authority for a period of one year after expiration of the director's period of service as a director of the authority."

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SECTION 4. Said chapter is further amended by revising subparagraph (O) of paragraph (1) of Code Section 20-3-316, relating to powers and duties of the Georgia Student Finance Authority, to read as follows:
"(O) To solicit, receive, and accept funds from any source, public or private, by gift, grant, bequest, loan, or otherwise, either absolutely or in trust, and to hold, use, administer, and expend such funds on its behalf and for any of its corporate purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal, or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of such property on its behalf and for any of its corporate purposes;"

SECTION 5. Said chapter is further amended by substituting a semicolon for "; and" at the end of division (1)(W)(iv), by substituting "; and" for the semicolon at the end of subparagraph (X) of paragraph (1), and by adding a new subparagraph to paragraph (1) of Code Section 20-3-316, relating to powers and duties of the Georgia Student Finance Authority, as follows:
"(Y) To incorporate one or more nonprofit corporations to aid the authority in carrying out any of its powers, duties, and functions. Any such nonprofit corporation created pursuant to this subparagraph shall be a body corporate and politic and shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. Upon dissolution of any such nonprofit corporation, any assets of such nonprofit corporation shall revert to the authority or to any successor to the authority, or failing such succession, to the State of Georgia. The authority shall not be liable for the debts, obligations, or bonds of any such nonprofit corporation or for the actions or omissions to act of any such nonprofit corporation unless the authority so consents;"

SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"20-3-316.1. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2015, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the nonprofit corporations established by subparagraph (Y) of paragraph (1) of Code Section 20-3-316 to assist students with educational expenses by either donating all or any part of any tax refund due and by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return shall include a description of the purposes for which the nonprofit corporations were established and the intended use of moneys received from the contributions. Each taxpayer required

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to file a state income tax return who desires to contribute to these nonprofit corporations may designate such contribution as provided on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed, and shall transmit such amount to the authority for even division among and deposit in the nonprofit corporations established by subparagraph (Y) of paragraph (1) of Code Section 20-3-316."

SECTION 7. Said chapter is further amended by repealing Code Section 20-3-409, relating to a taxpayer opportunity to contribute to student loan funds.
SECTION 8. Said chapter is further amended in Code Section 20-3-519, relating to definitions, by adding a new paragraph and revising paragraph (27) as follows:
"(26.1) 'Zell Miller Grant Scholar' means a student that has met the applicable eligibility requirements to receive a HOPE grant in accordance with Code Section 20-3-519.5 and earned a cumulative grade point average of at least 3.5 at the end of any quarter or semester in which the student has attended courses toward a diploma or certificate. (27) 'Zell Miller Scholarship Scholar' means a student that has met the applicable eligibility requirements to receive a HOPE scholarship in accordance with Code Section 20-3-519.2 and:
(A) As an incoming freshman: (i) Having graduated from an eligible high school with a grade point average of at least 3.7 calculated in accordance with Code Section 20-2-157 and having received a score of at least 1,200 combined critical reading score and math score on a single administration of the SAT or an ACT composite scale score of at least 26; (ii) Having graduated from an eligible high school as a valedictorian or salutatorian; or (iii) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received a score of at least 1,200 combined critical reading score and math score on a single administration of the SAT or an ACT composite scale score of at least 26, and earning a cumulative grade point average of at least 3.3 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive scholarship for such student's freshman year to be paid at the end of the freshman year; and
(B) As a sophomore, junior, senior, or first professional student who met the requirements of subparagraph (A) of this paragraph, having a cumulative grade point average of at least 3.3 at the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2. Notwithstanding the foregoing, a student that entered an

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eligible postsecondary institution as a freshman between July 1, 2007, and June 30, 2011, and met the requirements of subparagraph (A) of this paragraph may become a Zell Miller Scholarship Scholar as a sophomore, junior, senior, or first professional student. A student that loses eligibility to be a Zell Miller Scholarship Scholar for any reason may regain eligibility one time if the student requalifies at one of the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2."

SECTION 9. Said chapter is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by revising subsection (f) as follows:
"(f) For each semester of eligibility, Zell Miller Scholarship Scholars shall be awarded an amount in addition to the HOPE award amount as follows:
(1) If attending an eligible public institution, an amount equal to the difference between the HOPE award amount and the then current academic year standard undergraduate tuition amount at the institution to be paid; and (2) If attending an eligible private institution, an amount equal to the difference between the HOPE award amount and the HOPE tuition payment."

SECTION 10. Said chapter is further amended in Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant, by adding a new subsection to read as follows:
"(d.1) For each semester or quarter following a semester or quarter that it is determined that a student is a Zell Miller Grant Scholar, a student shall be awarded an amount in addition to the HOPE award amount equal to the difference between the HOPE award amount and the then current academic year standard undergraduate tuition amount at the institution to be paid or the exceptional tuition rate amount in effect on January 1, 2014, for programs with exceptional tuition rates in effect on January 1, 2014. Eligibility to be a Zell Miller Grant Scholar shall be determined on a semester or quarter basis and paid for the next semester or quarter in which a student is enrolled. Notwithstanding the foregoing, a Zell Miller Grant Scholar shall also receive one semester or quarter of retroactive payment if the student was not eligible to be a Zell Miller Grant Scholar because he or she had no cumulative grade point average."

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

Approved April 29, 2014.

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STATE GOVERNMENT STATUE OF REVEREND MARTIN LUTHER KING, JR.

No. 637 (House Bill No. 1080).

AN ACT

To amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, so as to provide for placement of a statue of the Reverend Martin Luther King, Jr.; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, is amended by adding a new article to read as follows:

"ARTICLE 5

50-3-105. (a) There shall be placed upon the capitol grounds of the state capitol building or in another prominent place a statue of the Reverend Martin Luther King, Jr., subject to the availability of private funds for such purpose. (b) Unless public safety concerns warrant postponement, such monument shall be procured and placed as soon as practicable but not before the state has been granted any intellectual property license necessary for purposes of this Code section."

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

Approved April 29, 2014.

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HIGHWAYS, BRIDGES, AND FERRIES MOTOR VEHICLES REQUIREMENT OF TIRE CHAINS FOR CERTAIN VEHICLES IN INCLEMENT WEATHER; RESTRICTIONS ON USE OF CONTROLLED ACCESS ROADWAYS; LIENS ON ABANDONED MOTOR VEHICLES; DISPOSITION OF PROCEEDS FROM SALE OF ABANDONED MOTOR VEHICLES.

No. 638 (House Bill No. 753).

AN ACT

To amend Code Section 32-6-5 of the Official Code of Georgia Annotated, relating to closure of or limiting access to roads due to inclement weather and exceptions for certain vehicle operators, so to expand the classification of vehicles that require tire chains to travel on a road declared as a limited access road due to inclement weather conditions; to provide for penalties; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for federal regulatory requirements; to provide for further restrictions on the use of controlled-access roadways; to provide that certain fees may be included in liens upon abandoned motor vehicles; to provide for the disposition of proceeds from the public sale of an abandoned motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 32-6-5 of the Official Code of Georgia Annotated, relating to closure of or limited access to roads due to inclement weather and exceptions for certain vehicle operators, is amended by revising 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 a declared state of emergency for inclement weather conditions 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 a declared state of emergency for 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 motor vehicles as defined by Code Section 40-1-1 with four or more drive wheels traveling on a road declared as limited

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access due to a declared state of emergency for inclement winter weather conditions shall affix tire chains to each of the outermost drive wheel tires. Bus and motor coach operators shall affix tire chains to at least two of the drive wheel tires before proceeding on a road with limited access due to a declared state of emergency for 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 as provided for by rules and regulations of the commissioner of public safety. (b) A driver of a motor vehicle who causes an accident or blocks the flow of traffic while failing to comply with the requirements of subsection (a) of this Code section when access is limited on the state highway system due to a declared state of emergency for inclement weather conditions shall be fined up to $1,000.00. (c) 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 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-1-8, relating to safe operations of motor carriers and commercial motor vehicles, as follows:
"40-1-8. (a) As used in this Code section, the term:
(1) 'Commissioner' means the commissioner of public safety. (2) 'Department' means the Department of Public Safety. (3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2014. (b) The commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor carriers, the safe operation of commercial motor vehicles and drivers, and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner shall include, but are not limited to, the following: (1) Every commercial motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, equipment, and all other parts or accessories shall meet such safety requirements designated by present regulations under Parts 393 and 396; (2) Every driver employed to operate a motor vehicle for a motor carrier shall:
(A) Be at least 18 years of age to operate a motor vehicle for a motor carrier intrastate and at least 21 years of age to operate a motor vehicle for a motor carrier interstate; (B) Meet the qualification requirements the commissioner shall from time to time promulgate; (C) Be of temperate habits and good moral character;

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(D) Possess a valid driver's license; (E) Not use or possess prohibited drugs or alcohol while on duty; and (F) Be fully competent and sufficiently rested to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of commercial motor vehicles shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; (4) The commissioner shall require each commercial motor vehicle to have attached such distinctive markings as shall be adopted by the commissioner. Such identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; and (5) The commissioner shall provide distinctive rules for the transportation of unmanufactured forest products in intrastate commerce to be designated the 'Georgia Forest Products Trucking Rules.' (c)(1) Regulations governing the safe operations of motor carriers, commercial motor vehicles and drivers, and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, by referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that such federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's Internet site. The commissioner may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (2) Rules, regulations, or orders previously adopted, issued, or promulgated pursuant to the provisions of Chapter 7 or 11 of Title 46 in effect on June 30, 2011, shall remain in full force and effect until such time as the commissioner of public safety adopts, issues, or promulgates new rules, regulations, or orders pursuant to the provisions of this Code section. (d)(1) The commissioner may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005. (2) A cause of action for the collection of a penalty imposed pursuant to this subsection may be brought in the superior court of the county where the principal place of business of the penalized company is located or in the superior court of the county where the action giving rise to the penalty occurred.

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(e) The commissioner is authorized to adopt such rules and orders as he or she may deem necessary in the enforcement of this Code section. Such rules and orders shall have the same dignity and standing as if such rules and orders were specifically provided in this Code section. The commissioner is authorized to establish such exceptions or exemptions from the requirements of this Code section, as he or she shall deem appropriate, consistent with any federal program requirements, and consistent with the protection of the public health, safety, and welfare.
(f)(1) The commissioner may designate members of the department, pursuant to Article 5 of Chapter 2 of Title 35, to perform regulatory compliance inspections. Members of county, municipal, campus, and other state agencies may be designated by the commissioner to perform regulatory compliance inspections only of vehicles, drivers, and cargo in operation, and may only enforce the provisions of rules and regulations promulgated under this Code section or Article 2 of this chapter subject to the provisions of a valid agreement between the commissioner and the county, municipal, campus, or other state agency. (2) Unless designated and authorized by the commissioner, no members of county, municipal, campus, and other state agencies may perform regulatory compliance inspections. (g) No person shall drive or operate, or cause the operation of, a vehicle in violation of an out-of-service order. As used in this subsection, the term 'out-of-service order' means a temporary prohibition against operating as a motor carrier or driving or moving a vehicle, freight container or any cargo thereon, or any package containing a hazardous material. (h) Unless otherwise provided by law, a motor carrier or operator of a commercial motor vehicle shall comply with present regulations as follows: (1) Motor carrier safety standards found in 49 C.F.R. Part 391; (2) Motor carrier safety standards found in 49 C.F.R. Part 392, including but not limited to the seatbelt usage requirements in 49 C.F.R. Section 392.16; and (3) Hours of service and record of duty status requirements of 49 C.F.R. Part 395. (i) A person failing to comply with the requirements of paragraph (2) of subsection (h) of this Code section shall be guilty of the misdemeanor offense of failure to wear a seat safety belt while operating a commercial motor vehicle and, upon conviction thereof, shall be fined not more than $50.00 but shall not be subject to imprisonment. The costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. No points shall be added pursuant to Code Section 40-5-57 and no additional fines or penalties shall be imposed. (j) Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this Code section or any order, rule, or regulation adopted pursuant to this Code section, or who procures, aids, or abets a violation of this Code section or such rule or regulation, shall be guilty of a misdemeanor. Misdemeanor violations of this Code

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section may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title."

SECTION 3. Said title is further amended by revising Code Section 40-6-51, relating to further restrictions on use of controlled-access roadways, as follows:
"40-6-51. (a)(1) Any motor vehicle with more than six wheels and commercial motor vehicles as defined by Code Section 40-1-1 shall not travel on any portions of Interstates 20, 75, 85 or Georgia Highway 400 that are located within the arc of Interstate 285 unless the driver of such motor vehicle is: (A) Engaging in a pick up or delivery to or from a shipper located inside the arc of Interstate 285; (B) Traveling to or from such motor vehicle's terminal facility located inside the arc of Interstate 285; (C) Traveling to or from a repair facility located inside the arc of Interstate 285 for service; or (D) Traveling to or from his or her residence which is located inside the arc of Interstate 285. (2) The Department of Transportation by order and local authorities by ordinance may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.
(b) The Department of Transportation or the local authority adopting any such prohibition shall erect and maintain official traffic-control devices on the controlled-access highway on which such prohibitions are applicable, and when such devices are in place no person shall disobey the restrictions stated thereon. (c) For purposes of this Code section, roadways within the jurisdiction of the Department of Transportation and roadways within the jurisdiction of local authorities shall be as set forth in Code Section 32-4-1. (d) A driver of a motor vehicle failing to comply with the requirements of subsection (a) of this Code section shall be fined $150.00. A driver of a motor vehicle failing to comply with subsection (a) of this Code section during a declared state of emergency for inclement weather conditions shall be fined $1,000.00."

SECTION 4. Said title is further amended by revising Code Section 40-11-4, relating to the creation of liens and court authority to foreclose, as follows:
"40-11-4. (a) Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees

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GENERAL ACTS AND RESOLUTIONS, VOL. I

connected with such removal or storage plus the cost of any notification or advertisement up to the date of retrieval or public sale of such vehicle. Such lien shall exist if the person moving or storing such vehicle is in compliance with Code Section 40-11-2. (b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts."

SECTION 5. Said title is further amended by revising paragraph (2) of Code Section 40-11-5, relating to lien foreclosure procedure for abandoned motor vehicles, as follows:
"(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail or statutory overnight delivery, make a demand upon the owners for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement up to the date of retrieval or public sale of such vehicle. Such written demand shall include an itemized statement of all charges and may be made concurrent with the notice required by subsection (f) of Code Section 40-11-2. Such demand shall be made on a form prescribed by rule or regulation of the Department of Revenue and shall notify the owner of his or her right to a judicial hearing to determine the validity of the lien. The demand shall further state that failure to return the written demand to the lien claimant, file with a court of competent jurisdiction a petition for a judicial hearing, and provide the lien claimant with a copy of such petition, all within ten days of delivery of the lien claimant's written demand, shall effect a waiver of the owner's right to such a hearing prior to sale. The form shall also provide the suspected owner with the option of disclaiming any ownership of the vehicle, and his or her affidavit to that effect shall control over anything contrary in the records of the Department of Revenue. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;"

SECTION 6. Said title is further amended by revising Code Section 40-11-8, relating to the disposition of proceeds from a foreclosure sale of an abandoned motor vehicle, as follows:
"40-11-8. The clerk of the court shall retain the remaining balance of the proceeds of a sale under Code Section 40-11-6, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he or she shall pay such remaining balance as follows:
(1) If the abandoned motor vehicle came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided

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equally and paid into the general fund of the county in which the sale was made, into the general fund of the municipality, if any, in which the sale was made, and to the person who placed the lien on the motor vehicle which resulted in foreclosure; (2) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be divided equally and paid into the general fund of the municipality and to the person who placed the lien on the motor vehicle which resulted in foreclosure; (3) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and to the person who placed the lien on the motor vehicle which resulted in foreclosure; or (4) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and to the person who placed the lien on the motor vehicle which resulted in foreclosure."

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

Approved April 29, 2014.

__________

EDUCATION DISALLOW PROHIBITIONS ON WOOD CONSTRUCTION IN PUBLIC SCHOOLS IF IN COMPLIANCE WITH STATE MINIMUM STANDARD CODES.

No. 639 (Senate Bill No. 301).

AN ACT

To amend Code Section 20-2-261 of the Official Code of Georgia Annotated, relating to minimum facility requirements for public school facilities, so as to disallow prohibitions on wood construction in public schools if in compliance with state minimum standard codes; 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. Code Section 20-2-261 of the Official Code of Georgia Annotated, relating to minimum facility requirements for public school facilities, is amended by revising subsection (a) as follows:
"(a) The State Board of Education shall establish common minimum facility requirements which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability for intended uses. Such minimum requirements shall not prohibit wood construction that is otherwise in compliance with state minimum standard codes as they existed on January 1, 2014. As used in this subsection, the term 'state minimum standard codes' shall have the same meaning as in paragraph (9) of Code Section 8-2-20."

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

Approved April 29, 2014.

__________

EVIDENCE DISCLOSURE OF HIV STATUS TO HEALTH CARE PROVIDERS.

No. 640 (Senate Bill No. 342).

AN ACT

To amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for disclosure of a person's HIV status to certain health care providers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by adding a new subsection to read as follows:

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"(h.1) The Department of Public Health may disclose AIDS confidential information regarding a person who has been reported, under paragraph (1) or (2) of subsection (h), to be infected with HIV to a health care provider licensed pursuant to Chapter 11, 26, or 34 of Title 43 whom that person has consulted for medical treatment or advice."

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

Approved April 29, 2014.

__________

GENERAL ASSEMBLY ARTICLE V CONVENTION DELEGATES.

No. 641 (Senate Bill No. 206).

AN ACT

To amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to provide for delegations from the State of Georgia to certain conventions called by the Congress of the United States for proposing amendments to the Constitution of the United States pursuant to Article V of said Constitution; 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 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, is amended by adding a new Code section to read as follows:
"28-6-8. (a) As used in this Code section, the term:
(1) 'Article V application' means a resolution adopted by the General Assembly on the same subject or containing the same proposed amendment text as not less than two-thirds of the several states of the United States applying to the Congress of the United States for said Congress to call an Article V convention by setting the time and place of such convention. (2) 'Article V convention' means a convention called by the Congress of the United States upon application of the legislatures of not less than two-thirds of the several states of the United States for the purpose of proposing amendments to the Constitution of the United States as expressly provided in Article V of said Constitution.

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(3) 'Delegate' means a person appointed as provided in this Code section to represent the State of Georgia at an Article V convention. (4) 'Delegation' means the entire group of delegates serving as such, collectively, pursuant to this Code section. (5) 'Legislative instructions' means any instructions given by resolution of the General Assembly to delegates before or during an Article V convention. (6) 'Unauthorized amendment' means a proposed amendment to the Constitution of the United States that is outside the subject matter of the Article V application, the call of the Article V convention by the Congress of the United States, or any legislative instructions. (b) Upon a call by the Congress of the United States for an Article V convention at which each state of the United States is to have one equal vote, seven delegates shall be appointed forthwith to represent the State of Georgia at such particular Article V convention as follows: (1) The Speaker of the House of Representatives shall appoint two delegates; (2) The President of the Senate shall appoint two delegates; (3) The Governor shall appoint two delegates; and (4) One delegate shall be appointed upon the affirmative vote of not less than four of those six delegates who were appointed pursuant to paragraphs (1), (2), and (3) of this subsection. (c) Any vacancy in the delegation due to death, resignation, ineligibility, recall, or other reason shall be filled in the same manner as the original appointment. (d) No delegate shall have the authority to vote to allow consideration of or vote to approve an unauthorized proposed amendment to the Constitution of the United States. (e) Any delegate casting a vote to allow consideration or approval of an unauthorized proposed amendment may be immediately recalled by a majority vote of the Speaker of the House of Representatives, the President of the Senate, and the Governor; the position of such recalled delegate shall thereby be vacated; and such unauthorized vote shall be nullified. (f)(1) Each delegate shall be subject to the eligibility requirements of Code Section 45-2-1 and, upon qualification, shall be required to take the following oath: 'I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to an Article V convention, uphold the Constitution and laws of the United States and the State of Georgia. I will not vote to allow consideration of or to approve any unauthorized proposed amendment to the United States Constitution.' (2) Violation of the oath or affirmation provided in paragraph (1) of this subsection shall be subject to the provisions of Code Section 16-10-1. (g) The Secretary of State shall certify in writing to the Article V convention the appointment of delegates, the recall of any delegate, the filling of any vacancy in the delegation, and the nullification of any unauthorized votes cast by any delegate. (h) No delegate shall be appointed pursuant to this Code section to an Article V convention unless each state of the United States has one equal vote at such convention.

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(i) Except upon the resignation, death, ineligibility, recall, or other vacation of office by a delegate, the term of each delegate shall be for the duration of the particular Article V convention for which purpose the delegate was appointed, and the delegation shall be dissolved and disbanded upon the adjournment sine die of such convention."

SECTION 2. This Act shall become effective upon the date of the adoption by the General Assembly during the 2013-2014 biennium of a resolution applying to the Congress of the United States to call for a convention for the purpose of proposing one or more amendments to the Constitution of the United States as expressly provided in Article V of said Constitution. If such a resolution is not adopted by the General Assembly during the 2013-2014 biennium, this Act shall not become effective and shall stand repealed on January 1, 2015.

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

Approved April 29, 2014.

__________

CONSERVATION AND NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION OF DEPARTMENT OF NATURAL RESOURCES; PERSONS AGGRIEVED BY LISTINGS ON HAZARDOUS SITE INVENTORY.

No. 642 (Senate Bill No. 333).

AN ACT

To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to permit applications and appeals procedures relative to laws enforced by the Environmental Protection Division of the Department of Natural Resources, so as to establish that persons are not aggrieved by listings on the hazardous site inventory that occur after a certain date; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to permit applications and appeals procedures relative to laws enforced by the Environmental

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Protection Division of the Department of Natural Resources, is amended by revising subparagraph (c)(3)(B) as follows:
"(B) Persons are not aggrieved or adversely affected by the listing of property in the hazardous site inventory in accordance with Code Section 12-8-97 if such property was so listed prior to July 1, 2014, nor are persons aggrieved or adversely affected by an order of the director issued pursuant to Part 2 of Article 3 of Chapter 8 of this title, the 'Georgia Hazardous Site Response Act,' unless or until the director seeks to recover response costs, enforce the order, or recover a penalty for violation of such order; provided, however, that persons are aggrieved or adversely affected if the director designates property as needing corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-8-97. Any person aggrieved or adversely affected by any such listing occurring after July 1, 2014, or any such designation shall be entitled to a hearing as provided in Code Section 12-8-73."

SECTION 2. This Act shall become effective on July 1, 2014.

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

Approved April 29, 2014.

__________

INSURANCE PERSONS UNDER AUTHORITY OF COMMISSIONER OF INSURANCE AND SUBJECT TO PENALTIES.

No. 643 (House Bill No. 840).

AN ACT

To amend Code Section 33-2-24 of the Official Code of Georgia Annotated, relating to the Commissioner's enforcement of the title rules, regulations, and orders, issuance of orders without hearings, civil actions, criminal violations, and penalties relative to insurance, so as to clarify persons under the authority of the Commissioner and subject to penalties under Title 33; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 33-2-24 of the Official Code of Georgia Annotated, relating to Commissioner's enforcement of the title rules, regulations, and orders, issuance of orders without hearings, civil actions, criminal violations, and penalties relative to insurance, is amended by revising paragraph (g) to read as follows:
"(g) In addition to all other penalties provided for under this title, the Commissioner shall have the authority:
(1) To place any person duly licensed under this title on probation for a period of time not to exceed one year for each and every act in violation of this title or of the rules, regulations, or orders of the Commissioner; and (2) To subject any person duly licensed or that should be licensed under this title to a monetary penalty of up to $2,000.00 for each and every act in violation of this title or of the rules, regulations, or orders of the Commissioner, unless such person knew or reasonably should have known he or she was in violation of this title or of the rules, regulations, or orders of the Commissioner, in which case the monetary penalty provided for in this paragraph may be increased to an amount up to $5,000.00 for each and every act in violation."

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

Approved April 29, 2014.

__________

CONSERVATION AND NATURAL RESOURCES HAZARDOUS SITE INVENTORY; PERSONS AGGRIEVED.

No. 644 (House Bill No. 904).

AN ACT

To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to permit applications and appeals procedures relative to laws enforced by the Environmental Protection Division of the Department of Natural Resources, so as to establish that persons are not aggrieved by listings on the hazardous site inventory that occur after a certain date; 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. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to permit applications and appeals procedures relative to laws enforced by the Environmental Protection Division of the Department of Natural Resources, is amended by revising subparagraph (c)(3)(B) as follows:
"(B) Persons are not aggrieved or adversely affected by the listing of property in the hazardous site inventory in accordance with Code Section 12-8-97 if such property was so listed prior to July 1, 2014, nor are persons aggrieved or adversely affected by an order of the director issued pursuant to Part 2 of Article 3 of Chapter 8 of this title, the 'Georgia Hazardous Site Response Act,' unless or until the director seeks to recover response costs, enforce the order, or recover a penalty for violation of such order; provided, however, that persons are aggrieved or adversely affected if the director designates property as needing corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-8-97. Any person aggrieved or adversely affected by any such listing occurring after July 1, 2014, or any such designation shall be entitled to a hearing as provided in Code Section 12-8-73."

SECTION 2. This Act shall become effective on July 1, 2014.

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

Approved April 29, 2014.

__________

REVENUE AND TAXATION AD VALOREM TAXATION; DEFINITION OF FAIR MARKET VALUE OF PROPERTY.

No. 645 (House Bill No. 954).

AN ACT

To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to change the definition of fair market value of property; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 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 (B) of paragraph (3) of Code Section 48-5-2, relating to definitions regarding ad valorem taxation, as follows:
"(B) The tax assessor shall apply the following criteria in determining the fair market value of real property:
(i) Existing zoning of property; (ii) Existing use of property, including any restrictions or limitations on the use of property resulting from state or federal law or rules or regulations adopted pursuant to the authority of state or federal law; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; (iv) Bank sales, other financial institution owned sales, or distressed sales, or any combination thereof, of comparable real property; (v) Decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement; (vi) Rent limitations, operational requirements, and any other restrictions imposed upon the property in connection with the property being eligible for any income tax credits described in subparagraph (B.1) of this paragraph or receiving any other state or federal subsidies provided with respect to the use of the property as residential rental property; provided, however, that such properties described in subparagraph (B.1) of this paragraph shall not be considered comparable real property for assessment or appeal of assessment of other properties; and (vii) Any other existing factors provided by law or by rule and regulation of the commissioner deemed pertinent in arriving at fair market value."

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

Approved April 29, 2014.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

HEALTH ALZHEIMER'S DISEASE REGISTRY; CREATION.

No. 646 (House Bill No. 966).

AN ACT

To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, so as to establish within the Department of Public Health the Alzheimer's Disease Registry; to provide for the purpose of the registry; to provide for promulgation and criteria of rules; to provide for confidentiality of data; to provide for compliance with P. L. 104-191, the federal Health Insurance Portability and Accountability Act of 1996; 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 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, is amended by adding a new Code section to read as follows:
"31-2A-16. (a) There is established within the Department of Public Health the Alzheimer's Disease Registry. (b) The purpose of the registry shall be to assist in the development of public policy and planning relative to Alzheimer's disease and related disorders. The registry shall provide a central data base of individuals with Alzheimer's disease or related disorders. (c) The department shall establish procedures and promulgate rules and regulations for the establishment and operation of the registry. Such procedures, rules, and regulations shall provide for:
(1) Collecting and evaluating data regarding the prevalence of Alzheimer's disease and related disorders in Georgia, including who shall report the data to the registry; (2) Determining what information shall be maintained in the registry and the length of time such data shall be available; (3) Sharing of data for policy planning purposes; (4) Disclosing nonidentifying data to support Alzheimer's and related disorder research; (5) The methodology by which families and physicians of persons who are reported to the registry shall be contacted to gather additional data; and (6) Information about public and private resources. (d) The collected data in the registry shall be confidential, and all persons to whom the data is released shall maintain patient confidentiality. No publication of information, biotechnical research, or medical data shall be made that identifies any patient by name. The registry shall be established and regulated pursuant to the requirements of 42 U.S.C.

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Section 1301, et seq., and P.L. 104-191, the federal Health Insurance Portability and Accountability Act of 1996."

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

Approved April 29, 2014.

__________

INSURANCE CANCELLATIONS UNDER CERTAIN CIRCUMSTANCES.

No. 656 (House Bill No. 375).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for cancellations under certain circumstances relating to policy terms that permit an audit and noncompliance by the insured; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new subsection to Code Section 33-24-44, relating to cancellation of policies generally, to read as follows:
"(d.2) If the terms of a policy permit an audit and the insured fails to submit to or allow an audit for the current or most recently expired term, the insurer may, after two documented efforts to notify the policyholder and the policyholder's agent of potential cancellation, send via certified mail or statutory overnight delivery, return receipt requested, written notice to the named insured at least ten days prior to the effective date of cancellation in lieu of the number of days' notice otherwise required by law; provided, however, that no cancellation notice shall be mailed within 20 days of the first documented effort to notify the policyholder of potential cancellation."

SECTION 2. This Act shall be applicable to policies issued or renewed on or after July 1, 2014.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved April 29, 2014.

__________

AVIATION AIR FACILITIES; CLARIFY TYPES OF INTERESTS IN REAL PROPERTY SUBJECT TO AD VALOREM TAXATION.

No. 657 (House Bill No. 399).

AN ACT

To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to clarify which type of interests in real property may be subject to ad valorem taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, is amended by revising Code Section 6-3-21, relating to lands acquired, owned, leased, controlled, or occupied by local governments deemed for public purposes, as follows:
"6-3-21. Any lands acquired, owned, leased, controlled, or occupied by counties, municipalities, or other political subdivisions for the purpose or purposes enumerated in Code Section 6-3-20 shall be and are declared to be acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes; provided, however, that with respect to facilities located on such lands, which lands are located outside of the territorial limits of the political subdivision that leases such lands and which are leased to, controlled, or occupied by private parties, the interests created in such private parties, for the purpose of ad valorem taxation only, are declared not to be used for public, governmental, or municipal purposes and said resulting interests, so long as the interests create an estate in land, are subject to ad valorem taxation; provided, further, that the underlying fee interest in such property which remains vested in the county, municipality, or other political subdivision shall be deemed to be used for public, governmental, and municipal purposes. The municipality's interest in lands and the facilities located thereon located inside the territorial

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limits of a municipality which are owned by that municipality for the purposes enumerated in Code Section 6-3-20, are declared to be used for public, governmental, or municipal purposes and are not subject to ad valorem taxation."

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

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

Approved April 29, 2014.

__________

HIGHWAYS, BRIDGES, AND FERRIES TORTS MASS TRANSPORTATION; SAFETY MARKERS ON UTILITY
LINES; DEFINITIONS; POWERS, AUTHORITY, AND DUTIES OF DEPARTMENT OF TRANSPORTATION; AVIATION ACTIVITIES; RECREATIONAL PURPOSES.

No. 658 (House Bill No. 494).

AN ACT

To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for the installation of safety markers on utility lines to provide for adequate visual warning in the use of private airstrips; to provide for definitions; to provide for the powers, authority, and duties of the Department of Transportation; to provide for a schedule of installation fees; to impose a penalty; to provide an appeal process; to provide for the promulgation of rules and regulations by the department; to amend Code Section 51-3-21 of the Official Code of Georgia Annotated, relating to definitions used in limiting liability of certain property owners, so as to revise the definition of recreational purposes to include aviation activities; to provide for immunity; 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:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by adding a new Code section to read as follows:
"32-9-8.1. (a) As used in this Code section, the term:
(1) 'Appurtenant utility line' means an above ground electrical power line or nonelectrical cable or wire that penetrates a 20:1 approach slope as measured from the runway threshold at either end of the private airstrip. (2) 'Installation fee schedule' means a listing of fees necessary to purchase and install safety markers as determined by the department. (3) 'Private airstrip' means a privately owned landing strip for airplanes, gliders, or helicopters for personal or private use that is not open to the general public and not subject to the provisions of Code Section 32-9-8. (4) 'Safety marker' means a highly visible object or device affixed to an appurtenant utility line which alerts operators of aircraft to the existence of the appurtenant utility line. (b) Any owner of a private airstrip may make a written notice, either by certified mail or statutory overnight delivery, return receipt requested, to an owner of an appurtenant utility line requesting the installation of safety markers. Such notice shall be accompanied by a check or money order in the amount of $100.00 made payable to the owner of the appurtenant utility line for the work to be performed by the owner of the appurtenant utility line under paragraphs (1) and (2) of this subsection. Within 90 days of the owner of an appurtenant utility line's receipt of such written notice, the owner of the appurtenant utility line shall: (1) Determine the appropriate type, number, and location of safety markers to be installed on the appurtenant utility line which will provide adequate visual warning to the flying public of the close proximity of the appurtenant utility lines to the private airstrip; (2) Determine the installation fee costs for the installation of such safety markers based on the installation fee schedule developed by the department; and (3) Provide notice to the owner of the private airstrip as to the type, number, location, and installation fee of the requisite safety markers. The owner of the appurtenant utility line shall file a request for review pursuant to subsection (e) of this Code section if such owner is unable to comply or anticipates being unable to comply with this subsection for any reason, including but not limited to the time provided for responding to the owner of the private airstrip, the time provided for installation, or the fees set in the installation fee schedule. (c) The owner of the private airstrip shall have 90 days from the receipt of notice under paragraph (3) of subsection (b) of this Code section to: (1) Remit to the owner of the appurtenant utility line the full amount of the installation fee; (2) File a request for review pursuant to subsection (e) of this Code section; or

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(3) Provide written notice to the owner of the appurtenant utility line of his or her decision not to pursue the installation of the safety markers. If the owner of the private airstrip provides such written notice or does not take any action under paragraph (1) or (2) of this subsection, the owner of the appurtenant utility line shall have no further obligation under this Code section; provided, however, that this paragraph shall not be construed to prohibit the owner of the private airstrip from sending written notice pursuant to subsection (b) of this Code section to the same owner of an appurtenant utility line in any subsequent calendar year so long as the owner of the private airstrip does not exceed one written notice to the same owner of an appurtenant utility line in any calendar year. (d) If the owner of the private airstrip pays the full amount of the installation fee under paragraph (1) of subsection (c) of this Code section, the owner of the appurtenant utility line shall have 90 days from receipt of payment to purchase the safety markers and complete the installation. The owner of the appurtenant utility line shall file a request for review pursuant to subsection (e) of this Code section and may be granted up to two extensions of time not to exceed 90 days total upon a showing that the need for an extension is the result of force majeure, grid reliability, work scheduling conflicts, or the lack of market supply of the requisite safety markers and other necessary equipment. (e) If any owner of an appurtenant utility line fails to comply with any provision of this Code section or any owner of an appurtenant utility line anticipates an inability to comply with any provision of this Code section, then an order enforcing this Code section or granting an exception may be sought from the department. Either party may file with the department a written request for review of the matter. Any such request for review shall be accompanied by a filing fee of $50.00 and shall include any documents or forms required by the department. A copy of such request for review shall be served upon the other party by certified mail or statutory overnight delivery, return receipt requested. The department shall within 30 days after the filing of such request investigate the matter and issue an order either requiring the owner of the appurtenant utility line to take such action as is necessary for purposes of compliance with this Code section or grant an exception to the owner of the appurtenant utility line as to time for compliance or a deviation from the installation fee schedule of the department. Copies of any such order of the department shall be served upon all parties by certified mail or statutory overnight delivery, return receipt requested. The department shall keep detailed records of its costs of investigation and review for purposes of this subsection, and such records shall be subject to public inspection as provided by Article 4 of Chapter 18 of Title 50. (f) If any owner of an appurtenant utility line fails to comply with any order of the department under subsection (e) of this Code section within 15 days after receipt of such order, then after notice and opportunity for a hearing, such owner of an appurtenant utility line shall be subject to a civil penalty in the amount of $1,000.00 per day beginning 15 days after the date of receipt of the order of the department until the owner of the appurtenant utility line has complied with the order of the department; provided, however, that the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

department may grant an extension of time for compliance without penalty upon a showing that the owner of the appurtenant utility line's failure to timely comply was due to force majeure. Any fine under this subsection shall be tolled for the period from the filing of a petition for a judicial review and shall be subject to judicial review in such manner as is provided by law for judicial review of contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' until the rendering of a final decision. (g) The department shall promulgate such rules and regulations as are necessary to implement the provisions of this Code section, including, but not limited to, the promulgation of rules and regulations to establish installation fee schedules based on utility best practices. (h) An owner of a private airstrip shall have immunity from any civil liability that would otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. This Code section shall not be construed as imposing any additional duty on an owner of a private airstrip which is not already otherwise imposed by law."

SECTION 2. Code Section 51-3-21 of the Official Code of Georgia Annotated, relating to definitions used in limiting liability of certain property owners, is amended by revising paragraph (4) as follows:
"(4) 'Recreational purpose' includes, but is not limited to, any of the following or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, aviation activities, nature study, water skiing, winter sports, and viewing or enjoying historical, archeological, scenic, or scientific sites."

SECTION 3. For purposes of proposing rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on October 1, 2014.

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

Approved April 29, 2014.

GEORGIA LAWS 2014 SESSION

829

INSURANCE UNIFORM ELECTRONIC TRANSACTIONS ACT APPLICABLE.

No. 659 (House Bill No. 645).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that Chapter 12 of Title 10, the "Uniform Electronic Transactions Act," shall be applicable to such title; to provide that the Commissioner of Insurance shall not penalize an insurer for complying with such Act; to define a certain term; to provide for the delivery of policies of insurance electronically; to provide for requirements; to provide that any mailing required by a provision of such title may be transmitted electronically if certain conditions are met; to provide that certain notices may be transmitted pursuant to Chapter 12 of Title 10, the "Uniform Electronic Transactions Act"; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-2-24, relating to enforcement of title and rules, regulations, and orders, issuance of orders without hearings, civil actions, criminal violations, and penalties, by adding a new subsection to read as follows:
"(h) The Commissioner may not institute any action or impose any penalty against an insurer because an insurer engages in transactions consistent with the provisions of Chapter 12 of Title 10, the 'Uniform Electronic Transactions Act,' or Code Section 33-24-14."

SECTION 2. Said title is further amended in Code Section 33-22-13, relating to mandatory notice of cancellation, by revising subsection (c) as follows:
"(c)(1) After expiration of such ten-day period, the premium finance company may thereafter in the name of the insured cancel such insurance contract or contracts by mailing or delivering to the insurer a notice of cancellation; and the insurance contract shall be canceled as if the notice of cancellation had been submitted by the insured, but without requiring the return of the insurance contract or contracts. The premium finance company, when mailing or delivering notice to the insurance company to cancel the policy, shall mail notice to the insured notifying him or her of the action taken. Such notice to the insured shall contain the date and time the policy is to be canceled, which date shall be after the date of mailing of such notice, and shall inform the insured that any

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payment received after the mailing or delivery of notice to the insurance company to cancel the policy will not reinstate the policy. The notice may contain information to the effect that the premium finance company will make a request to the insurance company to reinstate the policy. Language sufficiently clear and specific so that a person of average intelligence can understand the action being taken by the premium finance company shall be used. The notice to the insured required by this subsection shall be delivered as provided in subsection (d) of Code Section 33-24-14 or mailed to the last address of record of the insured and shall be dispatched by at least first-class mail and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service."

SECTION 3. Said title is further amended in Code Section 33-24-1, relating to definitions, by adding a new paragraph to read as follows:
"(3) 'Uniform Electronic Transactions Act' means Chapter 12 of Title 10."

SECTION 4. Said title is further amended by revising Code Section 33-24-14, relating to delivery of policies, as follows:
"33-24-14. (a)(1) Subject to the insurer's requirement as to payment of premiums, every policy shall be mailed or delivered to the insured or to the person entitled to the policy within a reasonable period of time after its issuance except where a condition required by the insurer has not been met by the insured. (2) A policy required to be delivered under this subsection may be delivered by electronic transmittal in accordance with Chapter 12 of Title 10, the 'Uniform Electronic Transactions Act,' or by electronic posting if that policy is posted electronically, provided that: (A) The insured has agreed to accept delivery by electronic posting; (B) The insurer makes the policy accessible as long as the policy is in force; (C) After the expiration of the policy, the insurer archives its expired policies for a period of five years and makes them available upon request; (D) The insurer provides the following information in or simultaneously with each declarations page provided at the time of issuance of the initial policy and any renewals of that policy: (i) A description of the exact policy and endorsement forms purchased by the insured; (ii) A method by which the insured may obtain, upon request and without charge, a paper copy of such insured's policy; and (iii) The Internet address where the insured's policy and endorsement are posted; and

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(E) The insurer provides notice, in the manner in which the insurer customarily communicates with the insured, of any changes to the forms or endorsements, the insured's right to obtain, upon request and without charge, a paper copy of such forms or endorsements, and the Internet address where such forms or endorsements are posted. (b) In the event the original policy is delivered or is required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any motor vehicle or aircraft, in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to the vehicle or aircraft is insured, a duplicate of the policy setting forth the name and address of the insurer, the insurance classification of the vehicle or aircraft, the type of coverage, the limits of liability, the premiums for the respective coverages, and the duration of the policy or memorandum of the policy containing the same information shall be delivered by the vendor, mortgagee, or pledgee to each vendee, mortgagor, or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a statement of such fact shall be printed, written, or stamped conspicuously on the face of the duplicate policy or memorandum. (c) The provisions of Chapter 12 of Title 10, the 'Uniform Electronic Transactions Act,' applies to this title, and nothing in this Code section shall be construed to limit its applicability. (d) In addition to any mailing which may be legally accomplished pursuant to Chapter 12 of Title 10, the 'Uniform Electronic Transactions Act,' any other required mailing may be performed electronically if the following conditions are met: (1) The Code section which requires a mailing specifically notes that mailing may be accomplished pursuant to this subsection; (2) The insured agrees to receive mailings electronically by signing a statement which reads: 'I AGREE TO RECEIVE ALL MAILINGS AND COMMUNICATIONS ELECTRONICALLY. SUCH ELECTRONIC MAILING OR COMMUNICATIONS MAY EVEN INCLUDE CANCELLATION OR NONRENEWAL NOTICES'; provided, however, that the Commissioner may approve the use of substantially similar language; (3) If the statement in paragraph (2) of this subsection is physically signed by the insured, then the statement must be in a separate document and written in all capital letters in at least 12 point font, or on a substantially similar form approved by the Commissioner. If the statement is signed electronically, then it must be signed according to a procedure which has been approved by the Commissioner; provided, however, that the Commissioner shall approve a procedure for obtaining a signature only if that procedure is designed to ensure that the statement is not presented in a misleading or confusing manner;

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(4) If the insurer becomes aware that the insured's electronic mail address at which such party has consented to receive notices or documents is no longer valid, the insurer shall send the notice or document as required by other applicable law; (5) The insurer must retain a record pursuant to Chapter 12 of Title 10, the 'Uniform Electronic Transactions Act,' of the mailing, including proof of the date of mailing and the address to which the mailing was sent. Such record must be retrievable for a period of five years after the date of such mailing and, if requested, must be transmitted to the Commissioner in a reasonable time; (6) The insured may withdraw his or her consent to receive mailings electronically; (7) All conditions have been met under Chapter 12 of Title 10, the 'Uniform Electronic Transactions Act,' so that the mailing could be accomplished electronically, unless the law requiring the mailing imposes a specific type of delivery method; (8) All conditions have been met under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq. This Code section shall not modify, limit, or supersede Section 101(c) of such Act or authorize electronic delivery of any of the notices described in Section 103(b) of such Act; and (9) No insurance company shall cancel, refuse to issue, or refuse to renew any policy because the applicant or insured refuses to agree to receive mailings electronically pursuant to this subsection."

SECTION 5. Said title is further amended in Code Section 33-24-44, relating to cancellation of policies generally, by revising subsection (b) as follows:
"(b) Written notice stating the time when the cancellation will be effective, which shall not be less than 30 days from the date of mailing or delivery in person of such notice of cancellation or such other specific longer period as may be provided in the contract or by statute, shall be delivered as provided in subsection (d) of Code Section 33-24-14 in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the insured and of any lienholder, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. For the purposes of this subsection, notice to the lienholder shall be considered delivered or mailed if, with the lienholder's consent, it is delivered by electronic transmittal or facsimile. Any irregularity in the notice to the lienholder shall not invalidate an otherwise valid cancellation as to the insured."

SECTION 6. Said title is further amended in Code Section 33-24-44.1, relating to procedure for cancellation by insured and notice, by revising subsection (b) as follows:
"(b) Notices required by this Code section shall be delivered as provided in subsection (d) of Code Section 33-24-14 in person or by depositing the notice in the United States mail

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833

to be dispatched by at least first-class mail to the last address of record of the named insured, governmental agency, mortgagee, or other third party, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service."

SECTION 7. Said title is further amended in Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and procedure for review by Commissioner, by revising paragraph (1) of subsection (e) as follows:
"(e)(1) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the named insured. Such notice stating the time when nonrenewal will be effective, which shall not be less than 30 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered as provided in subsection (d) of Code Section 33-24-14 in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the insured and of the lienholder, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service."

SECTION 8. Said title is further amended in such Code section by revising subsection (m) as follows:
"(m) Notice to the insured shall not be required by this Code section when a policy is canceled by an insurance premium finance company under a power of attorney contained in an insurance premium finance agreement if notification of the existence of the premium finance agreement has been given to the insurer in accordance with the provisions of Chapter 22 of this title. However, the insurer shall comply with the provisions of subsection (d) of Code Section 33-22-13 pertaining to notice to a governmental agency, mortgagee, or other third party. Such notice shall be delivered as provided in subsection (d) of Code Section 33-24-14 in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of such governmental agency, mortgagee, or other third party and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service."

SECTION 9. Said title is further amended in Code Section 33-24-46, relating to cancellation or nonrenewal of certain property insurance policies, by revising subsection (d) as follows:
"(d) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the named insured. Such notice stating the time when nonrenewal will be effective, which shall not be less

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GENERAL ACTS AND RESOLUTIONS, VOL. I

than 30 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered as provided in subsection (d) of Code Section 33-24-14 in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the insured and of the lienholder, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall provide the reason or reasons for nonrenewal as required by Chapter 39 of this title."

SECTION 10. Said title is further amended in such Code section by revising subsection (h) as follows:
"(h) Notice to the insured shall not be required by this Code section when a policy is canceled by an insurance premium finance company under a power of attorney contained in an insurance premium finance agreement if notification of the existence of the premium finance agreement has been given to the insurer in accordance with the provisions of Chapter 22 of this title. However, the insurer shall comply with the provisions of subsection (d) of Code Section 33-22-13 pertaining to notice to a governmental agency, mortgagee, or other third party. Such notice shall be delivered as provided in subsection (d) of Code Section 33-24-14 in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of such governmental agency, mortgagee, or other third party and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service."

SECTION 11. Said title is further amended in Code Section 33-24-47, relating to notice required of termination or nonrenewal, increase in premium rates, or change restricting coverage and failure to comply, by revising subsection (b) as follows:
"(b) A notice of termination, including a notice of cancellation or nonrenewal, by the insurer, a notice of an increase in premiums, other than an increase in premiums due to a change in risk or exposure, including a change in experience modification or resulting from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be delivered to the insured as provided in subsection (d) of Code Section 33-24-14 in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy; provided, however, that a notice of cancellation or nonrenewal of a policy of workers' compensation insurance shall be controlled by the provisions of subsection (f) of this Code section. In those instances where an increase in premium exceeds 15 percent, the notice to the insured shall indicate the dollar amount of the increase. The insurer may obtain a receipt provided by the United States Postal Service as

GEORGIA LAWS 2014 SESSION

835

evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service."

SECTION 12. Said title is further amended in such Code section by revising subsection (f) as follows:
"(f) A notice of cancellation or nonrenewal of a policy of workers' compensation insurance shall be dispatched to the insured as provided in subsection (d) of Code Section 33-24-14 by certified mail or statutory overnight delivery, return receipt requested, to the last address of record of the insured at least 75 days prior to the termination date of such policy. The workers' compensation insurer shall retain the receipt of mailing provided by the United States Postal Service as evidence of mailing unless such mailing was accomplished as provided in subsection (d) of Code Section 33-24-14."

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

Approved April 29, 2014.

__________

RETIREMENT AND PENSIONS MAGISTRATES RETIREMENT FUND OF GEORGIA; PART-TIME
CHIEF MAGISTRATES ELIGIBLE FOR MEMBERSHIP.

No. 660 (House Bill No. 646).

AN ACT

To amend Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the Magistrates Retirement Fund of Georgia, so as to provide that part-time chief magistrates may become members of such fund; to provided for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the Magistrates Retirement Fund of Georgia, is amended by revising paragraph (3) of Code Section 47-25-1, relating to definitions, as follows:
"(3) Reserved."

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SECTION 2. Said chapter is further amended by revising subsections (a) and (d) of Code Section 47-25-20, relating to board of commissioners created, members, and term of office, as follows:
"(a) There is created the Board of Commissioners of the Magistrates Retirement Fund of Georgia. The board shall consist of seven members as follows:
(1) The Governor or the Governor's designee; (2) An appointee of the Governor who is not the Attorney General; and (3) Five chief magistrates who are members of the fund." "(d) In the event of a vacancy in the membership of the board, the remaining members of the board shall appoint a chief magistrate who is a member of the fund to fill such vacancy for the unexpired term."

SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 47-25-21, relating to the secretary-treasurer of such fund, as follows:
"(b) The secretary-treasurer shall be paid retirement benefits upon retiring as secretary-treasurer as provided in Article 5 of this chapter for a chief magistrate retiring with the highest benefit allowed by such article and shall be entitled to any retirement option allowed by such article."

SECTION 4. Said chapter is further amended by revising Code Section 47-25-40, relating to qualifications, as follows:
"47-25-40. Before any person shall be eligible to participate in the fund, he or she must be serving as a duly qualified and commissioned chief magistrate of a county of the State of Georgia or as the secretary-treasurer. Any qualified person who desires to participate in the fund shall make application to the board for membership in the fund on a form to be furnished by the board for that purpose, giving such information, together with verification and proof thereof, as may be required by the board. Such application shall be made not later than July 1, 2007, or within six months after becoming eligible for membership, whichever is later."

SECTION 5. Said chapter is further amended by revising Code Section 47-25-80, relating to requirements for receiving benefits, as follows:
"47-25-80. In order for a member to be eligible to receive retirement benefits under this chapter, he or she must have:

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(1) Served as a regularly qualified and commissioned chief magistrate or as the secretary-treasurer for at least eight years; (2) Fully complied with this chapter; (3) Terminated his or her official capacity as a chief magistrate or as the secretary-treasurer; (4) Attained the age of 60 years; (5) Filed with the board his or her application for such retirement, on a form to be furnished by the board, within a period of 90 days, or as soon thereafter as possible, after reaching the age of 60 years or after termination of his or her official capacity as a chief magistrate or as the secretary-treasurer, whichever may occur last in point of time; and (6) Had his or her application for retirement approved by the board."

SECTION 6. Said chapter is further amended by revising paragraph (2) of subsection (c) of Code Section 47-25-82, relating to benefits for surviving spouse, as follows:
"(2) To leave such dues in the retirement fund and to receive spouse's benefits which shall be payable beginning:
(A) On the date of the member's death, if such member is 60 years of age or older; or (B) On the date on which the surviving spouse of the deceased member reaches 60 years of age, whichever event occurs last, and which shall be equal to 50 percent of the retirement benefits which the deceased member was drawing at the time of death or, in the case of a member who dies prior to his or her sixtieth birthday, which such deceased member would have been entitled to receive upon reaching 60 years of age had he or she lived and ceased service as a chief magistrate or the secretary-treasurer on the date of his or her death."

SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 47-25-83, relating to refund of dues, as follows:
"(a) Any member, after ceasing to serve as a chief magistrate or as the secretary-treasurer and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund."

SECTION 8. Said chapter is further amended by revising Code Section 47-25-84, relating to total and permanent disability, as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

SECTION 9. Said chapter is further amended by revising subsection (b) of Code Section 47-25-86, relating to suspension of benefits if retired member becomes employed as full-time or part-time magistrate, as follows:
"(b) If a retired member becomes employed as a chief magistrate, he or she may elect again to become a contributing member of the retirement system and be governed by the retirement provisions of this chapter."

SECTION 10. This Act shall become effective on July 1, 2014, 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, 2014, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 29, 2014.

GEORGIA LAWS 2014 SESSION

839

STATE GOVERNMENT AUTHORIZE PLACEMENT OF MONUMENT OF RELIGIOUS LIBERTY.

No. 661 (House Bill No. 702).

AN ACT

To amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, so as to authorize placement of a monument of religious liberty; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, is amended by adding a new article to read as follows:

"ARTICLE 5

50-3-105. (a) Subject to the availability of funds, there shall be placed within the capitol building or grounds a historic granite monument depicting:
(1) The Preamble to the Georgia Constitution; (2) The part of the Declaration of Independence which states that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.'; and (3) The Ten Commandments. (b)(1) Such monument shall be designed, procured, and placed by the Capitol Art Standards Commission, subject to final approval by a monument committee composed of the following members of the General Assembly:
(A) Two members of the House of Representatives appointed by the Speaker of the House of Representatives; (B) Two members of the Senate appointed by the Lieutenant Governor; and (C) One member from each house of the General Assembly appointed by the Governor. (2) The monument committee established pursuant to this subsection shall stand abolished upon placement of such monument. (c) No public funds shall be expended for the design or procurement of such monument. Gifts and donations from private individuals, organizations, or foundations shall be

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GENERAL ACTS AND RESOLUTIONS, VOL. I

accepted and expended by the Capitol Art Standards Commission to carry out the requirements of this Code section."

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

Approved April 29, 2014.

__________

REVENUE AND TAXATION JOINT COUNTY AND MUNICIPAL SALES AND USE TAX; CONTINUATION; REPEAL PROVISION REGARDING DISTRIBUTION OF PROCEEDS.

No. 662 (House Bill No. 719).

AN ACT

To amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to provide for the continuation of the tax; to repeal certain provisions regarding a process for specifying and determining the distribution of the proceeds of such tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, is amended by adding a new Code section to read as follows:
"48-8-83.1. Notwithstanding any distribution certificate filing deadline otherwise required under Code Section 48-8-89, for each special district in which the tax provided for by Code Section 48-8-82 was levied and collected immediately prior to June 4, 2010, such tax shall continue to be levied and collected; and the most recent distribution certificate which was executed on behalf of the county and on behalf of one or more qualified municipalities within the special district whose combined population within the special district is at least one-half of the combined total population of all qualified municipalities located within the special district and which was filed with the commissioner between June 4, 2010, and October 18, 2013, shall be valid and shall continue in force and effect until superseded by

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841

a subsequent distribution certificate properly executed and filed with the commissioner in accordance with Code Section 48-8-89 or Code Section 48-8-89.1, as applicable, or until such tax is subsequently discontinued and terminated pursuant to subsection (c) of Code Section 48-8-89 or pursuant to a referendum under Code Section 48-8-92."

SECTION 2. Said article is further amended by repealing paragraph (4) of subsection (d) of Code Section 48-8-89, relating to a process for specifying and determining the distribution of certain tax proceeds, and inserting in its place a new paragraph (4) of subsection (d) to read as follows:
"(4) Reserved."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 29, 2014.
__________
RETIREMENT AND PENSIONS GEORGIA STATE EMPLOYEES' PENSION AND SAVINGS PLAN; CERTAIN EMPLOYEES' CONTRIBUTIONS.
No. 663 (House Bill No. 764).
AN ACT
To amend Article 10 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia State Employees' Pension and Savings Plan, so as to provide that certain employees shall make employee contributions to such plan at the rate of 5 percent unless otherwise specified; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Article 10 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia State Employees' Pension and Savings Plan, is amended by revising Code Section 47-2-357, relating to withdrawal, employer contributions, vesting, and date of election, as follows:
"47-2-357. (a) As used in this Code section, the term:
(1) '401(k)' means the deferred compensation plan offered by the state for public employees pursuant to Article 3 of Chapter 18 of Title 45 utilizing Section 401(k) of the federal Internal Revenue Code. (2) 'Plan' means the employee savings plan created by this article. (b) Each member shall, at the time of becoming a member, be automatically enrolled in the plan; provided, however, that the member shall have a period of 90 days from the date of enrollment to withdraw from the plan. Such withdrawal shall be made in writing to the board of trustees in such form as the board prescribes and any employee account balance shall be returned to the member. Thereafter, participation in the plan shall be voluntary. The member may not withdraw from the plan so long as he or she remains eligible to participate in the 401(k) plan offered by the state. (c)(1) This paragraph shall apply to persons who became members prior to July 1, 2014. Unless the participating member elects otherwise, the member shall, for each pay period, contribute 1 percent of his or her compensation into his or her 401(k) account. The member may change such level of participation at any time. (2) This paragraph shall apply to persons who become members on or after July 1, 2014. Unless the participating member elects otherwise, the member shall, for each pay period, contribute 5 percent of his or her compensation into his or her 401(k) account. The member may change such level of participation at any time. (d) After the participating member has contributed an amount equal to 1 percent of his or her salary into the 401(k) plan for a pay period, the employer shall contribute an equal amount into his or her 401(k) account. Thereafter, the employer shall contribute an amount equal to 50 percent of such amount as the member chooses to contribute for each pay period, up to an additional 2 percent of the member's compensation. The member may make such additional contributions as he or she desires, subject to limitations imposed by federal law. (e) The board of trustees shall apportion the costs of administering the plan among the employers and members on the basis of the normal costs of administration against any special services requested by any member. (f) All contributions by participating members are 100 percent vested and shall be maintained in an account and invested based on the participant's investment allocation choices. All employer contributed amounts credited to a member's account shall be maintained as a matching contribution subaccount and invested based on the participant's investment allocation choices. Any and all amounts credited to a member's matching

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contribution subaccount, including applicable earnings and investment appreciation or depreciation, shall become vested and nonforfeitable based on the number of employment service years completed and in accordance with the vesting schedule set forth below:

Years of Service

Employer Nonforfeitable Vested Percentage

1

20

2

40

3

60

4

80

5

100

Upon separation from service for greater than 31 days, the portion of such matching contribution subaccount not so vested shall be transferred from the member's account into a temporary plan forfeiture accumulation account for future disposition as determined by the board of trustees. A break in service less than 32 days shall not affect vesting rights. (g) Members electing to be governed by the provisions of this article pursuant to subsection (b) of Code Section 47-2-351 shall use their date of election as the beginning date for purposes of calculating their vesting service for the employer contribution as provided in subsection (f) of this Code section used to calculate the vesting requirements of subsection (f) of this Code section, except that service as provided under Code Section 47-2-91 shall not constitute creditable service for this purpose."

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

Approved April 29, 2014.

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SOCIAL SERVICES DRUG TESTING FOR APPLICANTS AND RECIPIENTS OF FOOD STAMPS OR TANF BENEFITS UNDER CERTAIN CIRCUMSTANCES.

No. 664 (House Bill No. 772).

AN ACT

To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for drug testing for applicants and recipients of food stamps or TANF benefits upon a reasonable suspicion of drug use; to provide requirements for drug testing; to provide for penalties for any person who fails a drug test; to provide for reapplication; to provide for confidentiality of records; to require that electronic benefits transfer cards for food stamp benefits contain a photo of the recipient; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended in Article 1, relating to general provisions, by adding new Code sections to read as follows:
"49-4-20. (a) As used in this Code section, the term 'established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs established by the United States Department of Health and Human Services or other professionally valid procedures approved by the department; provided, however, that where possible and practicable, a swab test shall be used in lieu of a urinalysis. (b) The department shall adopt rules and regulations for an established drug test that includes the following:
(1) Which illegal drugs will be the subject of testing; (2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process; (4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests;

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(6) A list of approved substance abuse treatment providers; (7) Procedures for persons undergoing drug testing prior to the collection of body fluid specimens for such testing, so as to provide information regarding the use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test; and (8) A requirement that any applicant who demonstrates proof of active and current Medicaid benefits shall pay a drug screening application fee of no more than $17.00, and no authorized test examiner shall conduct a drug test if an applicant demonstrates active and current Medicaid benefits unless the applicant presents a receipt proving that he or she has paid the required drug screening application fee. Eligible applicants who do not have active and current Medicaid benefits shall be responsible for paying the full cost of administering the drug test upon presentation to an authorized examiner. (c)(1) The department shall require a drug test consistent with subsection (b) of this Code section to screen an applicant or recipient of food stamps at any time a reasonable suspicion exists that such applicant or recipient is using an illegal drug. The department may use any information obtained by the department to determine whether such reasonable suspicion exists, including, but not limited to:
(A) An applicant's or recipient's demeanor; (B) Missed appointments and arrest or other police records; (C) Previous employment or application for employment in an occupation or industry that regularly conducts drug screening; and (D) Termination from previous employment due to unlawful use of a controlled substance or controlled substance analog or prior drug screening records of the applicant or recipient indicating unlawful use of a controlled substance or controlled substance analog. (2) The cost of drug testing shall be the responsibility of the individual tested, provided that the individual does not submit proof of active and current Medicaid benefits to subsidize the cost of such drug testing pursuant to paragraph (8) of subsection (b) of this Code section. No assistance payment shall be delayed because of the requirements of this Code section, and any payments made prior to the department's receipt of a test result showing a failure shall be recoverable. (d) Any recipient of food stamps who tests positive for controlled substances as a result of a drug test required under this Code section shall be ineligible to receive food stamps as follows: (1) For a first positive result, the recipient shall be ineligible for food stamps for one month and until he or she tests negative in a retest; (2) For a second positive result, the recipient shall be ineligible for food stamps for three months and until he or she tests negative in a retest; and (3) For a third and each subsequent positive result, the recipient shall be ineligible for food stamps for one year and until he or she tests negative in a retest unless the individual meets the requirements of subsection (f) of this Code section.

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(e) The department shall: (1) Provide notice of possible drug testing based on reasonable suspicion to each individual at the time of application. Dependent children under the age of 18 shall be exempt from the drug testing requirement; (2) Advise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over the counter medication he or she is taking; (3) Require each individual to be tested to sign a written acknowledgment that he or she has received and understands the notice and advice provided under paragraphs (1) and (2) of this subsection; (4) Assure each individual being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample; (5) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional tests; (6) Inform an individual who tests positive for a controlled substance and is deemed ineligible for food stamps for one year pursuant to paragraph (3) of subsection (d) of this Code section that the individual may reapply for food stamps six months after the date of the positive drug test if he or she meets the requirements of subsection (f) of this Code section; and (7) Provide any individual who tests positive with a list of substance abuse treatment providers approved by the department which are available in the area in which he or she resides. Neither the department nor the state shall be responsible for providing or paying for substance abuse treatment.
(f) An individual who tests positive for an illegal drug and is denied food stamps for one year may reapply for food stamps after six months if the individual can document the successful completion of a substance abuse treatment program offered by a provider approved by the department. The cost of any drug testing provided under this Code section and substance abuse treatment shall be the responsibility of the individual being tested and receiving treatment. An individual who fails a drug test administered pursuant to subsection (c) of this Code section may reapply for food stamps under this subsection only once. (g) If a parent is deemed ineligible for food stamps as a result of failing a drug test conducted under this Code section, the parent may choose to designate another individual to receive food stamps for the parent's minor child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual approved by the department. The designated individual shall be subject to possible drug testing based on a reasonable suspicion. If the designated individual tests positive for controlled substances, he or she shall be ineligible to receive benefits on behalf of the child.

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(h) The results of any drug test performed according to this Code section shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records. Such results shall not be used as a part of a criminal investigation or criminal prosecution. Such results shall not be used in a civil action or otherwise disclosed to any person or entity without the express written consent of the person tested or his or her heirs or legal representative. All such records shall be destroyed and deleted five years after the date of the test. (i) No testing shall be required by the provisions of this Code section for any person whom the department determines is significantly hindered, because of a physical or mental handicap or developmental disability, from doing so or for any person enrolled in an enhanced primary care case management program operated by the Department of Community Health, Division of Medical Assistance to serve frail elderly and disabled beneficiaries to improve the health outcomes of persons with chronic health conditions by linking primary medical care with home and community based services. In addition, no testing shall be required by the provisions of this Code section for any individuals receiving or on a waiting list for long-term services and supports through a non-Medicaid home and community based services program or for any individual residing in a facility such as a nursing home, personal care home, assisted living community, intermediate care facility for the intellectually or developmentally disabled, community living arrangement, or host home. (j) The department shall adopt rules to implement this Code section.

49-4-21. (a) The department shall require that all electronic benefits transfer cards which include food stamp benefits contain a photograph of one or more members of a household who are authorized to use such food stamp benefits. The department is authorized to promulgate regulations necessary to implement the provisions of this Code section. (b) This Code section shall become effective on January 1, 2016."

SECTION 2. Said chapter is further amended by revising Code Section 49-4-193, relating to established drug testing for TANF benefits, as follows:
"49-4-193. (a) As used in this Code section, the term 'established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs established by the United States Department of Health and Human Services or other professionally valid procedures approved by the department; provided, however, that where possible and practicable, a swab test shall be used in lieu of a urinalysis.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) The department shall adopt rules and regulations for an established drug test which shall include the following:
(1) Which illegal drugs will be the subject of testing; (2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process; (4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests; (6) A list of approved substance abuse treatment providers; (7) Procedures for persons undergoing drug testing, prior to the collection of body fluid specimens for such testing, to provide information regarding use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test; and (8) A requirement that any applicant who demonstrates proof of active and current Medicaid benefits shall pay a drug screening application fee of no more than $17.00, and no authorized test examiner shall conduct a drug test if an applicant demonstrates active and current Medicaid benefits unless the applicant presents a receipt proving that he or she has paid the required drug screening application fee. Eligible applicants who do not have active and current Medicaid benefits shall be responsible for paying the full cost of administering the drug test upon presentation to an authorized examiner. (c)(1) The department shall require a drug test consistent with subsection (b) of this Code section to screen an applicant or recipient at any time a reasonable suspicion exists that such applicant or recipient is using an illegal drug. The department may use any information obtained by the department to determine whether such reasonable suspicion exists, including, but not limited to:
(A) An applicant's or recipient's demeanor; (B) Missed appointments and arrest or other police records; (C) Previous employment or application for employment in an occupation or industry that regularly conducts drug screening; and (D) Termination from previous employment due to unlawful use of a controlled substance or controlled substance analog or prior drug screening records of the applicant or recipient indicating unlawful use of a controlled substance or controlled substance analog. (2) The cost of drug testing shall be the responsibility of the individual tested, provided that the individual does not submit proof of active and current Medicaid benefits to subsidize the cost of such drug testing pursuant to paragraph (8) of subsection (b) of this Code section. No assistance payment shall be delayed because of the requirements of this Code section, and any payments made prior to the department's receipt of a test result showing a failure shall be recoverable.

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(d) Any recipient of cash assistance under this article who tests positive for controlled substances as a result of a drug test required under this Code section shall be ineligible to receive TANF benefits as follows:
(1) For a first positive result, the recipient shall be ineligible for TANF benefits for one month and until he or she tests negative in a retest; (2) For a second positive result, the recipient shall be ineligible for TANF benefits for three months and until he or she tests negative in a retest; and (3) For a third and each subsequent positive result, the recipient shall be ineligible for TANF benefits for one year and until he or she tests negative in a retest unless the individual meets the requirements of subsection (f) of this Code section. (e) The department shall: (1) Provide notice of possible drug testing based on reasonable suspicion to each individual at the time of application. Dependent children under the age of 18 are exempt from the drug testing requirement; (2) Advise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over the counter medication he or she is taking; (3) Require each individual to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (1) and (2) of this subsection; (4) Assure each individual being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample; (5) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional tests; (6) Inform an individual who tests positive for a controlled substance and is deemed ineligible for TANF benefits for one year pursuant to paragraph (3) of subsection (d) of this Code section that the individual may reapply for those benefits six months after the date of the positive drug test if he or she meets the requirements of subsection (f) of this Code section; and (7) Provide any individual who tests positive with a list of substance abuse treatment providers approved by the department which are available in the area in which he or she resides. Neither the department nor the state shall be responsible for providing or paying for substance abuse treatment. (f) An individual who tests positive for an illegal drug and is denied TANF benefits for one year may reapply for TANF benefits after six months if the individual can document the successful completion of a substance abuse treatment program offered by a provider approved by the department. The cost of any drug testing provided under this Code section and substance abuse treatment shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required under

850

GENERAL ACTS AND RESOLUTIONS, VOL. I

subsection (c) of this Code section may reapply for TANF benefits under this subsection only once. (g) If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted under this Code section:
(1) The dependent child's eligibility for TANF benefits shall not be affected; (2) An appropriate protective payee shall be designated to receive benefits on behalf of the child; and (3) The parent may choose to designate another individual to receive benefits for the parent's minor child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual approved by the department. The designated individual shall be subject to possible drug testing based on a reasonable suspicion. If the designated individual tests positive for controlled substances, he or she shall be ineligible to receive benefits on behalf of the child. (h) The results of any drug test done according to this Code section shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records. Such results shall not be used as a part of a criminal investigation or criminal prosecution. Such results shall not be used in a civil action or otherwise disclosed to any person or entity without the express written consent of the person tested or his or her heirs or legal representative. All such records shall be destroyed and deleted five years after the date of the test. (i) No testing shall be required by the provisions of this Code section for any person whom the department determines is significantly hindered, because of a physical or mental handicap or developmental disability, from doing so or for any person enrolled in an enhanced primary care case management program operated by the Department of Community Health, Division of Medical Assistance to serve frail elderly and disabled beneficiaries to improve the health outcomes of persons with chronic health conditions by linking primary medical care with home and community based services. In addition, no testing shall be required by the provisions of this Code section for any individuals receiving or on a waiting list for long-term services and supports through a non-Medicaid home and community based services program or for any individual residing in a facility such as a nursing home, personal care home, assisted living community, intermediate care facility for the mentally retarded, community living arrangement, or host home. (j) The department shall adopt rules to implement this Code section."

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

Approved April 29, 2014.

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HIGHWAYS, BRIDGES, AND FERRIES MOTOR VEHICLES STATE-WIDE STRATEGIC TRANSPORTATION PLAN PROGRESS REPORT; PUBLIC ROAD CONTRACTS; RECORDS MAINTENANCE BY THE DEPARTMENT OF DRIVER SERVICES; TRAFFIC SIGNALS; SPEED LIMITS.

No. 665 (House Bill No. 774).

AN ACT

To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require the annual submission of a State-wide Strategic Transportation Plan progress report; to provide for an increase to limitations of counties and municipalities for negotiating contracts involving public roads; to require the submission of at least two estimates prior to the awarding of certain contracts by counties and municipalities; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to remove the requirement of maintaining certain records by the Department of Driver Services; to provide for additional meanings for certain traffic signals; to provide for an exception to the requirement to stop a vehicle when approaching an inoperative traffic signal; to provide for an increase to maximum lawful speed limits; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising Code Section 32-2-41.1, relating to the State-wide Strategic Transportation Plan of the Department of Transportation, as follows:
"32-2-41.1. (a) On or before October 15, 2009, the director shall prepare a report for the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation, respectively, detailing the progress the division has made on preparing a State-wide Strategic Transportation Plan. The director shall deliver a draft of the plan for comments and suggestions by members of the General Assembly and the Governor on or before December 31, 2009. Comments and suggestions by the House and Senate Transportation Committees of the General Assembly and the Governor shall be submitted to the director no later than February 15, 2010. This plan shall include a list of projects realistically expected to begin construction within the next four years, the cost of such projects, and the source of funds for such projects. The plan shall be developed with consideration of investment policies addressing:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) Growth in private-sector employment, development of work force, and improved access to jobs; (2) Reduction in traffic congestion; (3) Improved efficiency and reliability of commutes in major metropolitan areas; (4) Efficiency of freight, cargo, and goods movement; (5) Coordination of transportation investment with development patterns in major metropolitan areas; (6) Market driven travel demand management; (7) Optimized capital asset management; (8) Reduction in accidents resulting in injury and loss of life; (9) Border-to-border and interregional connectivity; and (10) Support for local connectivity to the state-wide transportation network. The investment policies provided for in paragraphs (1) through (10) of this subsection shall also guide the development of the allocation formula provided for under Code Section 32-5-27 and shall expire on April 15, 2012, and every four years thereafter unless amended or renewed. The final version of the State-wide Strategic Transportation Plan shall be completed by April 10, 2010, and shall be delivered to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation. A report detailing the progress of projects and programs in the State-wide Strategic Transportation Plan shall be prepared and delivered annually thereafter, and a revised version shall be prepared and delivered at least biennially thereafter. (b) The report and plan prepared under subsection (a) of this Code section shall also be published on the website of the department."

SECTION 2. Said title is further amended by revising subsection (b) of Code Section 32-2-41.2, relating to benchmark development, reports, and value engineering studies, as follows:
"(b) The director shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the progress of every construction project valued at $10 million or more against the benchmarks. This report shall include an analysis explaining the discrepancies between the benchmarks and actual performance on each project as well as an explanation for delays. This report shall also be published on the website of the department."

SECTION 3. Said title is further amended by revising Code Section 32-4-63, relating to limitations of a county on the power to contract, as follows:

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"32-4-63. (a) A county is prohibited from negotiating a contract except a contract:
(1) Involving the expenditure of less than $200,000.00; (2) With a state agency or county or municipality with which a county is authorized to contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62; (3) For the purchase of those materials, supplies, and equipment necessary for the county's construction and maintenance of its public roads and for the support and maintenance of the county's forces used in such work, as authorized by Chapter 91 of Title 36; (4) Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or a publicly or privately owned utility concerning relocation of its line, tracks, or facilities where the same are not then located in a public road and such relocation or grade-crossing elimination is necessary as an incident to the construction of a new public road or to the reconstruction or maintenance of an existing public road. Nothing contained in this paragraph shall be construed as requiring a county to furnish a site or right of way for railroad or railway lines or tracks of public utility facilities required to be removed from a public road; (5) For engineering or other kinds of professional or specialized services; (6) For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; or (7) Otherwise expressly authorized by law. (b) No contract involving an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under this Code section without the submission of at least two estimates."

SECTION 4. Said title is further amended by revising Code Section 32-4-113, relating to limitations of a municipality on the power to contract, as follows:
"32-4-113. (a) A municipality is prohibited from negotiating a contract except a contract:
(1) Involving the expenditure of less than $200,000.00; (2) With a state agency or political subdivision as authorized by Code Sections 32-4-111 and 32-4-112; (3) With a railroad or railway company or a publicly or privately owned utility as authorized by Article 6 of Chapter 6 of this title; (4) For engineering or other kinds of professional or specialized services; (5) For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; or (6) Otherwise expressly authorized by law.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) No contract involving an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under this Code section without the submission of at least two estimates."

SECTION 5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising paragraph (3) of subsection (a) of Code Section 40-5-2, relating to records of license applications and information on licenses, as follows:
"(3) Records of all abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-20, subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee or individual showing the convictions of such licensee or individual and the traffic accidents in which such licensee or individual has been involved shall be readily ascertainable and available for the consideration of the department upon any application for, or application for renewal of, license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest."

SECTION 6. Said title is further amended by revising paragraphs (2) and (3) of subsection (a) of Code Section 40-6-21, relating to the meaning of traffic signals, as follows:
"(2) Yellow indications shall have the following meanings: (A) Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection; (B) Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal, unless otherwise directed by a pedestrian signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway; and (C) Traffic, except pedestrians, facing a flashing YELLOW ARROW signal may proceed in the direction of the arrow. Vehicular traffic turning shall yield the right of way to approaching vehicles. Vehicular traffic shall stop and remain stopped to allow

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a pedestrian to cross the roadway within a crosswalk when the pedestrian is lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited, when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subparagraph, 'half of the roadway' means all traffic lanes carrying traffic in one direction of travel; and (3) Red indications shall have the following meanings: (A) Traffic, except pedestrians, facing a steady CIRCULAR RED signal alone shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection, and shall remain standing until an indication to proceed is shown, except as provided in subparagraphs (B), (C), and (D) of this paragraph; (B) Vehicular traffic facing a steady CIRCULAR RED signal may cautiously enter the intersection to make a right turn after stopping as provided in subparagraph (A) of this paragraph. Such vehicular traffic shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subparagraph, 'half of the roadway' means all traffic lanes carrying traffic in one direction of travel. Vehicular traffic shall yield the right of way to other traffic lawfully using the intersection; (C) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of this paragraph, may make a right turn but shall stop and remain stopped for pedestrians and yield the right of way to other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a right turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such right turn; (D) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of this paragraph, may make a left turn from the left-hand lane of a one-way street onto a one-way street on which the traffic moves toward the driver's left but shall stop and remain stopped for pedestrians and yield the right of way to other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a left turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such left turn; (E) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED signal alone shall not enter the roadway; (F) Traffic, except pedestrians, facing a steady RED ARROW signal may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line or, if there is no stop line,

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before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection, and shall remain standing until an indication to make the movement indicated by such arrow is shown; (G) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady RED ARROW signal shall not enter the roadway; and (H) Traffic, except pedestrians, facing a flashing RED ARROW signal, after stopping as provided in subparagraph (A) of this paragraph, may make a right turn but shall stop and remain stopped for pedestrians and yield the right of way to other traffic proceeding as directed by the signal at such intersection."

SECTION 7. Said title is further amended by revising subsection (a) of Code Section 40-6-70, relating to vehicles approaching or entering an intersection, as follows:
"(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic-control devices from a highway that terminates at the intersection, the driver of that vehicle shall yield the right of way to the other vehicle, whether the latter vehicle be on such driver's right or left. When two vehicles approach or enter an intersection with an inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign were facing in each direction at the intersection. Drivers shall not be required to stop if the traffic signal is properly signed as a pedestrian hybrid beacon or ramp meter and operating in the unactivated dark mode. When a flashing indication is given, the driver shall stop for the flashing red signal and exhibit caution while passing through a flashing yellow indication."

SECTION 8. Said title is further amended by revising subsection (b) of Code Section 40-6-181, relating to maximum lawful speed limits, as follows:
"(b) Consistent with the provision of engineering and traffic investigations regarding maximum speed limits as provided in Code Section 40-6-182, no person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district; (1.1) Thirty-five miles per hour on an unpaved county road unless designated otherwise by appropriate signs; (2) Seventy miles per hour on a highway on the federal interstate system and on physically divided highways with full control of access which are outside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;

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(3) Seventy miles per hour on a highway on the federal interstate system which is inside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs; (4) Sixty-five miles per hour on those sections of physically divided highways without full access control on the state highway system, provided that such speed limit is designated by appropriate signs; and (5) Fifty-five miles per hour in other locations."

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

Approved April 29, 2014.

__________

FOOD, DRUGS, AND COSMETICS FOOD SERVICE ESTABLISHMENTS; EXEMPT ENTITIES.

No. 666 (House Bill No. 778).

AN ACT

To amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exempt certain nonprofit, charitable entities from regulation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, is amended by revising paragraph (2) as follows:
"(2) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. This term shall not include a 'food

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GENERAL ACTS AND RESOLUTIONS, VOL. I

sales establishment,' as defined in Code Section 26-2-21, except as stated in this definition. The food service component of any food sales establishment defined in Code Section 26-2-21 shall not be included in this definition. This term shall not include any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function. Such term shall also not include any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of an event which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; (C) Lasts 120 hours or less; and (D) 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."

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

Approved April 29, 2014.

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GAME AND FISH NONRESIDENT INFANT LIFETIME SPORTSMAN'S LICENSE; REPLACEMENT LICENSE FEES.

No. 667 (House Bill No. 786).

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 add a Type I nonresident infant lifetime sportsman's license; to clarify fees for replacement licenses; to correct a cross-reference; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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 revising Code Section 27-2-3.1, relating to hunting licenses, sportsman's licenses, and lifetime sportsman's licenses, as follows:
"27-2-3.1. (a) Reserved. (b) Reserved. (c) The requirements in this title for procuring any license or permit for noncommercial hunting and fishing privileges, except for hunting alligators, shall be satisfied by a resident who procures a sportsman's license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program. (d) All licenses, stamps, or permits for noncommercial hunting and fishing privileges shall be attached to or printed on a form provided by the department which shall include the applicant's name, address, date of birth, and hunter safety certification number; provided, however, that each such item of information may be, but is not required to be, printed on lifetime licenses.
(e)(1) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident or nonresident who procures a lifetime sportsman's license. (2) An applicant for such license who is a resident shall certify and provide satisfactory evidence of his or her residency as set forth in paragraph (5) of this subsection. (3) An applicant for a veteran's lifetime sportsman's license shall, in addition to satisfactory evidence of residency, be required to provide satisfactory evidence that he

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GENERAL ACTS AND RESOLUTIONS, VOL. I

or she served more than 90 days of federal active duty military service and was honorably discharged. (4) An applicant for such license who is a nonresident shall not be eligible for issuance of such license unless:
(A) He or she is from two through 15 years of age and is the grandchild of a resident who holds a valid paid lifetime sportsman's license (not a Type S lifetime license). The resident grandparent who holds such a lifetime sportsman's license and who is the sponsor of an eligible nonresident applicant for a lifetime sportsman's license shall certify the nonresident applicant's relationship to him or her in writing to the department; or (B) He or she is less than two years of age. (5) For purposes of procuring a lifetime sportsman's license, the term 'residency' means a domicile within Georgia for a minimum of three consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia driver's license or official Georgia identification card issued by the Department of Driver Services; provided, however, that no license or identification card issued pursuant to Code Section 40-5-21.1 shall satisfy the requirements of this paragraph. Minors under 18 years of age shall be presumed to be residents upon proof of parent's resident status as provided for in this Code section. For purposes of procuring the Type I (Infant) and Type Y (Youth) lifetime license, a copy of a certified copy of the birth certificate of the licensee shall be required to show age (Types I and Y) and parentage (Type Y). A court order or other legal document establishing parental rights may be provided to show parentage. (f)(1) Lifetime sportsman's licenses and fees for residents shall be as follows: (A) Type I (Infant), available only to those individuals under two years of age: $200.00; (B) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00; (C) Type A (Adult), available to those individuals 16 years of age or older: $500.00; (D) Type SD (Senior Discount), available to those individuals 60 years of age or older: $95.00; (E) Type S (Senior), available to those individuals 65 years of age or older: no charge; (F) Type V (Veterans), available only to those individuals who served more than 90 days of federal active duty military service and were honorably discharged: 80 percent of the amount of the fee specified for Type A lifetime sportsman's licenses in subparagraph (C) of this paragraph; and (G) Type SP (Shooting Preserve), available to any individual, resident or nonresident, and which entitles the holder to hunt pen raised game birds and fish in any private or state waters within the boundaries of a properly licensed shooting preserve: $75.00. (2) The fee for any lifetime sportsman's license for a nonresident, Type NR, shall be twice the amount of the fee for a Type A (Adult) lifetime sportsman's license for a

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resident, except that the fee for a nonresident Type I (Infant) license shall be the same fee as for a resident Type I (Infant) license. (g) Lifetime sportsman's licenses shall be valid for the lifetime of the purchaser, whether resident or nonresident. Change of residency to another state shall not affect the validity of the lifetime license when hunting or fishing in Georgia. (h) The commissioner shall revoke the lifetime sportsman's license of any person who knowingly attempts to or does purchase, obtain, or assist another person to obtain a lifetime sportsman's license by fraudulent means, without refund of any fees paid. (i) Upon payment of a replacement fee of up to $10.00, any durable plastic card showing a lifetime sportsman's license or other valid license may be replaced if lost, stolen, or destroyed, provided that the applicant's name and lifetime license number or other required license information are in the records of the department. (j) Once a lifetime license is issued, no refunds of fees will be made except in the case of the death before age 16 years of a Type I (Infant) lifetime license holder or a Type Y (Youth) license holder, in which case a full refund of fees collected may be made upon submission of the lifetime license and any other documentation required by the department."

SECTION 2. Said article is further amended in Code Section 27-2-30, relating to establishment of the Wildlife Endowment Fund, by revising subsection (b) as follows:
"(b) In recognition of its obligations to lifetime sportsman's license purchasers, the General Assembly directs the department to establish a fund known as the Wildlife Endowment Fund for receipt of funds of an amount equal to that generated by the sale of lifetime sportsman's licenses listed in subsection (f) of Code Section 27-2-3.1. Further, the General Assembly declares its intent to appropriate to the Wildlife Endowment Fund each fiscal year an amount equal to that generated by the prior year's sales of lifetime licenses. The fund is also authorized to accept contributions from private individuals and entities. All funds appropriated and those contributed to the Wildlife Endowment Fund shall be deemed expended and contractually obligated and shall not lapse to the general fund."

SECTION 3. This Act shall become effective on July 1, 2014.

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

Approved April 29, 2014.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS CLARIFY PROVISIONS REGARDING JURIES AND GRAND JURIES.

No. 668 (House Bill No. 1078).

AN ACT

To amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to clarify provisions relating to juries; to revise definitions; to change provisions relating to choosing grand jurors; to provide for concurrent grand juries; to provide for a preliminary oath to be administered to grand juries; to change provisions relating to when there are insufficient persons to complete a panel of grand jurors; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended by revising paragraphs (5), (10), and (11) of Code Section 15-12-1, relating to definitions, as follows:
"(5) 'County master jury list' means a list compiled by the council of names of persons, including their addresses, city of residence, dates of birth, and gender, eligible for trial or grand jury service." "(10) 'State-wide master jury list' means a comprehensive master list that identifies every person of this state who can be determined to be prima facie qualified to serve as a trial or grand juror. (11) 'Venire' means the list of persons summoned to serve as trial or grand jurors for a particular term of court."

SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 15-12-1.1, relating to exemptions from jury duty, as follows:
"(a)(1) Any person who shows that he or she will be engaged during his or her term of jury duty as a trial or grand juror in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may have his or her jury service deferred or excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled

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persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order. It shall be the duty of the court to provide affidavits for the purpose of requesting a deferral of or excusal from jury service pursuant to this subsection."

SECTION 3. Said chapter is further amended by revising Code Section 15-12-3, relating to term of service on jury, as follows:
"15-12-3. No person shall be allowed to serve on the trial jury of the superior court or on any trial jury in other courts for more than four weeks in any one year unless he or she is actually engaged in the trial of a case when the four weeks expire, in which case he or she shall be discharged as soon as the case is decided."

SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 15-12-4, relating to eligibility of person to serve as a juror, as follows:
"(a) Any person who has served as a trial or grand juror at any session of the superior or state courts shall be ineligible for duty as a juror until the next succeeding county master jury list has been received by the clerk."

SECTION 5. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 15-12-7, relating to compensation of court bailiffs and expense allowance for jurors, as follows:
"(2) An expense allowance for trial or grand jurors in the superior courts of such counties for the next succeeding year not to be less than $5.00 nor to exceed $50.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located; and"

SECTION 6. Said chapter is further amended by revising Code Section 15-12-10, relating to juror's failure to appear or unauthorized absence and contempt, as follows:
"15-12-10. If any person is duly summoned to appear as a trial or grand juror at court and neglects or refuses to appear, or if any juror absents himself or herself without leave of the court, such neglect, refusal, or absence may, after notice and hearing, be punished as contempt of court."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 15-12-11, relating to appointment of jury clerk and other personnel, juror questionnaires, and construction with other laws, as follows:
"(b) Prospective trial and grand jurors in all counties may be required to answer written questionnaires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors. In propounding the court's questions, the court may consider the suggestions of counsel. In the court's questionnaire and during voir dire examination, judges should ensure that the privacy of prospective jurors is reasonably protected and that the questioning by counsel is consistent with the purpose of the voir dire process."

SECTION 8. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 15-12-23, relating to clerk of board of jury commissioners, jury clerk, juror questionnaires, and construction with other laws, as follows:
"(2) All prospective trial or grand jurors in such counties shall be required to answer questionnaires as may be determined and submitted by said chief judge of such counties concerning their qualifications as jurors."

SECTION 9. Said chapter is further amended by revising Code Section 15-12-46, relating to adjournment of term pending choosing of jurors, as follows:
"15-12-46. If juries have not been chosen for any regular term of the superior court and there is not sufficient time for choosing and summoning prospective trial and grand jurors to serve at the regular term, the judge of the superior court for the county in which the failure has occurred, by order passed at chambers, may adjourn the court to another day, may require the requisite number of prospective trial and grand jurors to be summoned, and may enforce their attendance at the term so called."

SECTION 10. Said chapter is further amended by revising Code Section 15-12-62.1, relating to choosing grand jurors, as follows:
"15-12-62.1. The clerk shall choose a sufficient number of persons to serve as grand jurors from the county master jury list in the same manner as trial jurors are chosen. The clerk, not less than 20 days before the commencement of each term of court at which a regular grand jury is impaneled, shall issue summonses by mail to the persons chosen for grand jury service."

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SECTION 11. Said chapter is further amended by revising Code Section 15-12-63, relating to choosing separate grand juries for each week, as follows:
"15-12-63. In any term of court when the public interest requires it, the court, on application of the district attorney, may empanel one or more concurrent grand juries."

SECTION 12. Said chapter is further amended by revising Code Section 15-12-66, which is designated as reserved, as follows:
"15-12-66. (a) Prior to empaneling, swearing, and charging the grand jury, the presiding judge and the district attorney may examine prospective grand jurors as to their qualifications to serve as provided in Code Sections 15-12-4 and 15-12-60. Such examination shall be conducted after the administration of the preliminary oath set forth in subsection (b) of this Code section. Any prospective grand juror who is not qualified to serve shall be excused by the presiding judge. (b) Prior to examination, the presiding judge, the district attorney, or the clerk shall administer the following oath or affirmation to prospective grand jurors:
'You shall give true answers to all questions as may be asked by the court or the district attorney concerning your qualifications to serve as a grand juror.' "

SECTION 13. Said chapter is further amended by revising Code Section 15-12-66.1, relating to insufficient number of persons to complete panel of grand jurors, as follows:
"15-12-66.1. When from challenge or from any other cause there are not a sufficient number of persons in attendance to complete the empaneling of grand jurors, the presiding judge shall order the clerk to choose at random from the names of persons summoned as trial jurors a sufficient number of prospective grand jurors necessary to complete the grand jury. Nothing in this Code section shall be construed as barring the court from taking any action against a person who has been summoned to appear as a juror as provided in Code Section 15-12-10."

SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Approved April 29, 2014.

__________

OFFICIAL CODE OF GEORGIA ANNOTATED REVISE, REPEAL, MODERNIZE, CORRECT ERRORS OR OMISSIONS IN, AND REENACT CODE.

No. 669 (Senate Bill No. 340).

AN ACT

To amend the Official Code of Georgia Annotated, so as to revise, modernize, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, 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 provide for other matters relating to revision, reenactment, and publication 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.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in: (1) Code Section 2-8-90, relating to definitions regarding the Agricultural Commodity Commission for Georgia Grown Products, by redesignating current paragraphs (5) and (6) as new paragraphs (6) and (5), respectively, and reordering such paragraphs so as to put definitions in alphabetical order. (2) Code Section 2-8-93, relating to the composition and membership of the Agricultural Commodity Commission for Georgia Grown Products, in paragraph (4) of subsection (a), by replacing "House of Representatives Committee on Agriculture and Consumer Affairs" with "House Committee on Agriculture and Consumer Affairs" and in subsections (b) and (c) and paragraph (3) of subsection (d), by replacing "appointive" with "appointed".

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(3) Code Section 2-8-98, relating to the recommendation of promulgation of a marketing order by the Agricultural Commodity Commission for Georgia Grown Products, in paragraph (1), by replacing "name; provided" with "name; and provided". (4) Code Section 2-8-99, relating to amendments to marketing orders, notice, rules and regulations, and termination of orders by the Agricultural Commodity Commission for Georgia Grown Products, in paragraph (1) of subsection (a), by replacing "appointive" with "appointed".

Reserved.

SECTION 3.

Reserved.

SECTION 4.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

Reserved.

SECTION 7.

SECTION 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in: (1) Code Section 8-2-144, relating to reporting and accounting for fees by the Commissioner of Insurance, by replacing "Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and Research Office".

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 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful and examples, in subparagraph (b)(16)(N), by replacing "Chapter 17 of Title 48" with "Article 3 of Chapter 27 of Title 50".

868 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I 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 12-3-50, relating to the powers and duties of the Department of Natural Resources as to historic preservation and promotion, by designating the introductory text as subsection (a) and by redesignating paragraph (7) as subsection (b).

Reserved.

SECTION 13.

Reserved.

SECTION 14.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in: (1) Code Section 15-1-16, relating to mental health court divisions, after paragraph (3) of subsection (a), by inserting a paragraph (4) designation preceding the subparagraph (A) designation. (2) Code Section 15-3-4, relating to the election and term of office of Judges of the Court of Appeals, in the introductory text, by replacing "state election to be held on Tuesday after the first Monday in November of the even-numbered years" with "primary in each even-numbered year". (3) Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund, in subsection (a), by replacing "House Budget Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate Budget and Evaluation Office". (4) Code Section 15-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund, by replacing "House Budget Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate Budget and Evaluation Office". (5) Code Section 15-11-282, relating to the service of a summons in regard to the termination of parental rights, at the end of subsection (c), by replacing "request" with "requested". (6) Code Section 15-18-12, relating to travel expenses, provision of county vehicle, and budget request for state funds regarding district attorneys, in paragraph (3) of subsection (e), by replacing "House Budget Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate Budget and Evaluation Office". (7) Code Section 15-21-74, relating to the assessment and collection of penalties, transfer of payments to Georgia Superior Court Clerks' Cooperative Authority, and quarterly

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accounting regarding peace officer, prosecutor, and indigent defense funding, by replacing "House Budget Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate Budget and Evaluation Office". (8) Code Section 15-21-113, relating to the assessment and collection of penalty, payment to the Georgia Superior Court Clerks' Cooperative Authority, and quarterly reports and accounting regarding compensation to victims of violators of driving under the influence statute, by replacing "House Budget Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate Budget and Evaluation Office". (9) Code Section 15-21A-6.1, relating to the judicial operations fund fee and collection and reporting procedure, in subsection (c), by replacing "House Budget Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate Budget and Evaluation Office". (10) Code Section 15-21A-6.2, relating to the exemption from judicial operations fund fee and collection and reporting procedures, in subsection (c), by replacing "House Budget Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate Budget and Evaluation Office". (11) Code Section 15-21A-7, relating to judicial rules, regulations, reporting, and accounting by the Georgia Superior Court Clerks' Cooperative Authority, in subsection (c), by replacing "House Budget Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate Budget and Evaluation Office".

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-13-21, relating to definitions regarding schedules, offenses, and penalties in the regulation of controlled substances, by redesignating and reordering current paragraph (29) as new paragraph (17.1), so as to put definitions in alphabetical order. (2) Code Section 16-13-71, relating to the definitions of dangerous drugs, by redesignating current paragraphs (77.5) and (78) as new paragraphs (78) and (77.5), respectively, and reordering such paragraphs so as to put definitions in alphabetical order.

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-5-22, relating to the issuance of search warrants by judicial officers generally and maintenance of docket record of warrants issued, in the last sentence, by inserting "that" after "however," and by inserting a comma after "him". (2) Code Section 17-5-32, relating to search and seizure of documentary evidence in the possession of an attorney and exclusion of illegally obtained evidence, in subsection (d), by replacing "case in chief" with "case-in-chief".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Code Section 17-10-6.1, relating to punishment for serious violent offenders and authorization for reduction in mandatory minimum sentencing, in paragraph (4) of subsection (c), by replacing "however, during" with "however, that during". (4) Code Section 17-12-7, relating to the Georgia Public Defender Standards Council councilmembers, responsibilities, voting, removal, quorum, meetings, officers, and expenses, in subsection (c), by replacing "council members" with "councilmembers". (5) Code Section 17-15-8, relating to victim compensation and required findings, amount of award, rejection of claim, reductions, exemption from garnishment and execution, exemption from treatment as ordinary income, effective date for awards, psychological counseling for relatives of deceased, and memorials for victims of DUI homicide, in paragraph (1) of subsection (c), by replacing "with respect" with "that with respect" each time the term appears. (6) Code Section 17-17-7, relating to the notification to a victim of an accused's arrest and proceedings where the accused's release is considered and the victim's right to express an opinion in pending proceedings and to file a written complaint in the event of release, in subsection (e), by designating the introductory text as paragraph (1) and by redesignating current paragraphs (1) and (2) as new paragraphs (2) and (3), respectively. (7) Code Section 17-17-9, relating to the exclusion of a testifying victim from criminal proceedings and separate victims' waiting areas, in subsection (b), by replacing "Code Section 24-6-616" with "Code Section 24-6-615". (8) Code Section 17-17-14, relating to a victim being required to provide a current address and phone number to notifying parties, in paragraph (2) of subsection (a), by deleting "and" after the semicolon at the end.

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: (1) Code Section 19-11-30.2, relating to definitions and information from financial institutions regarding the "Child Support Recovery Act," in paragraph (3) of subsection (a), by deleting "listed in paragraph (3) of this subsection". (2) Code Section 19-11-32, relating to the process to collect delinquent support accounts and limitation regarding child support recovery actions, in subsection (c), by replacing "paragraph (3)" with "paragraph (2)".

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SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-1A-30, relating to definitions regarding background checks in the Department of Early Care and Learning, in subparagraph (C) of paragraph (3), by deleting ", relating to battery,". (2) Code Section 20-2-54, which is repealed, by designating said Code section as reserved. (3) Code Section 20-2-102, which is repealed, by designating said Code section as reserved. (4) Code Section 20-2-105, which is repealed, by designating said Code section as reserved. (5) Code Section 20-2-106, which is repealed, by designating said Code section as reserved. (6) Code Section 20-2-107, which is repealed, by designating said Code section as reserved. (7) Code Section 20-2-320, relating to the Education Information Steering Committee, identification of data to implement the Quality Basic Education Program, and the state-wide comprehensive educational information network, in subsection (c), by replacing "Senate Budget Office" with "Senate Budget and Evaluation Office", "House Budget Office" with "House Budget and Research Office", and "House and Senate Appropriations, Education, Education and Youth, and Higher Education committees" with "House and Senate Appropriation Committees, the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, and the Senate Higher Education Committee". (8) Article 13 of Chapter 2 of Title 20, which is repealed, by designating said article as reserved. (9) Article 24 of Chapter 2 of Title 20, which is repealed, by designating said article as reserved. (10) Code Section 20-2-2062, relating to definitions regarding charter schools, in paragraph (3.1), by replacing "Code Section 20-2-2063.1" with "Code Section 20-2-2063.2". (11) Code Section 20-2-2114, relating to qualifications for scholarship, financial responsibility, state-wide assessments, exception, and compliance, in paragraph (3) of subsection (a), by deleting "(IEP)" after "Individualized Education Program". (12) Code Section 20-3-45.1, relating to the powers and duties of the Georgia Historical Records Advisory Council, in paragraph (10), by replacing "this part" with "this article". (13) Code Section 20-3-133, relating to payments from the Board of Regents of the University System of Georgia to local operating authorities, local support from fees and taxes, and audits, by replacing "Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and Research Office". (14) Code Section 20-14-26.1, relating to the authority to incorporate nonprofit corporation as public foundation, requirements, Public Education Innovation Fund Foundation, and reporting regarding the Office of Student Achievement, in subsection (a), by replacing "department" with "office".

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SECTION 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in: (1) Code Section 21-4-3, relating to definitions regarding the recall of public officers, in paragraph (10), by deleting "as defined in paragraph (4) of this Code section" and by redesignating and reordering said current paragraph (10) as new paragraph (3.1), so as to put definitions in alphabetical order.

Reserved.

SECTION 22.

SECTION 23. Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended in: (1) Code Section 23-3-125, relating to civil investigative demands under taxpayer protection against false claims, in subsection (k), by inserting a paragraph (3) designation preceding the subparagraph (A) designation following subparagraph (k)(2)(B).

Reserved.

SECTION 24.

SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended in: (1) Code Section 25-9-13, relating to penalties for violations of the chapter, bonds, enforcement, advisory committee, dispose of settlement recommendations regarding blasting or excavating near utility facilities, in subparagraph (h)(2)(A), by deleting the subsection (h) designation preceding the subparagraph (2)(A) designation.

Reserved.

SECTION 26.

Reserved.

SECTION 27.

SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in: (1) Code Section 28-5-6, relating to the powers, duties, and responsibilities of the Senate Budget Office and the House Budget Office, by replacing "Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and Research Office" each time those terms appear throughout said Code section and in subsection (c) by replacing "House Appropriations Committee" with "House Committee on

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Appropriations", "House Budget and Fiscal Affairs Oversight Committee" with "House Committee on Budget and Fiscal Affairs Oversight", and "Speaker of the House" with "Speaker of the House of Representatives". (2) Code Section 28-5-42, relating to the introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes by the General Assembly, in paragraph (1) of subsection (c), by replacing "Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and Research Office". (3) Code Section 28-9-5, relating to the publication of the Official Code of Georgia Annotated, the authority to make corrections and editorial changes, the authority to introduce legislation, and the effect of corrections and changes, by:
(A) Redesignating current subsection (c) as new undesignated text at the end of subsection (a) and by replacing "subsection (a) of this Code section" with "this subsection" and "subsection (b)" with "subsection (c)" in said undesignated text; (B) Redesignating current subsection (b) as new subsection (c); (C) Codifying subsection (d) of Section 54 of 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, approved April 24, 2013 (Ga. L. 2013, p. 141), as new subsection (b) to read as follows: "(b) For purposes of publishing volumes, replacement volumes, and supplements to the Official Code of Georgia Annotated pursuant to this chapter: legislation enacted at the same session of the General Assembly and amending the same statutory provision shall be considered in pari materia, and full effect shall be given to each if that is possible; Acts enacted during the same session shall be treated as conflicting with each other only to the extent that they cannot be given effect simultaneously; in the event of such a conflict, the latest enactment, as determined by the order in which bills became law with or without the approval of the Governor, shall control to the extent of the conflict unless the latest enactment contains a provision expressly ceding control in such an event; and language carried forward unchanged in one amendatory Act shall not be read as conflicting with changed language contained in another Act passed during the same session."; and (D) Adding to the end of new subsection (c) the following: "Except as otherwise provided by law, such reenactment of the Official Code of Georgia Annotated shall have the effect of adopting and giving force and effect of law to all the statutory text and numbering as contained in such volumes, pocket parts, and supplements, including but not limited to provisions as published therein in accordance with subsections (a) and (b) of this Code section."

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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 29-5-32, relating to the investment of estate funds by a conservator, in paragraph (12), by repealing and reserving said paragraph, which refers to an obsolete entity.

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-8-179.2, relating to the Department of Community Health authorized to assess one or more provider payments on hospitals for the purpose of obtaining federal financial participation for Medicaid, in the introductory text of subsection (a), by replacing "42 CFR 433.68" with "42 C.F.R. 433.68" and in paragraph (2) of subsection (a), by inserting a comma after "2012". (2) Article 10 of Chapter 8, relating to the Georgia Alzheimer's and Related Dementias State Plan Task Force, which task force stands abolished on March 31, 2014, is hereby repealed.

Reserved.

SECTION 32.

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-13-3.1, relating to the acquisition of insurer and effect on competition regarding insurance holding company systems, in subsection (f), by replacing "Paragraphs" with "Subsections". (2) Code Section 33-23-12, relating to limited licenses regarding insurance agents, agencies, subagents, counselors, and adjusters, in subsection (a), by replacing "this Code Section" with "this Code section". (3) Code Section 33-24-21.1, relating to group accident and sickness insurance contracts, conversion privilege and continuation right provisions, and impact of federal legislation, in subsection (n), by designating the introductory text as paragraph (1) and by redesignating current paragraphs (1) and (2) as new paragraphs (2) and (3), respectively. (4) Code Section 33-29-22, relating to notice of individual accident and sickness insurance policy premium increase and notification of impact of the Patient Protection and Affordable Care Act, in subsection (b), by replacing "paragraph" with "subsection". (5) Code Section 33-29A-9, relating to the discontinuance of state assignment of health care policies under the Georgia Health Insurance Assignment System and the Georgia Health Benefits Assignment System, by designating the introductory text as subsection (a), by

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redesignating paragraph (1) as subsection (b), and in paragraph (2), by replacing "paragraph" with "subsection" and by redesignating said paragraph as subsection (c). (6) Code Section 33-30-13, relating to notices of group or blanket accident and sickness insurance premium increases to be mailed or delivered to group policyholder and notification of impact of federal Patient Protection and Affordable Care Act, in subsection (b), by replacing "paragraph" with "subsection".

SECTION 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended in: (1) Code Section 34-14-20, relating to definitions regarding local workforce and the Georgia Workforce Investment Board, in division (5)(A)(i), by replacing "Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States" with "United States army, navy, air force, coast guard, or marine corps". (2) Code Section 34-14-28, relating to the definition of supportive services and the payment cap as established by the Georgia Workforce Investment Board, in subsection (a), by replacing "needs-related" with "needs related".

SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in: (1) Code Section 35-2-41.1, relating to the donation or conveyance of property, equipment, or services to the Department of Public Safety and procedure, in subsection (a), by replacing "Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and Research Office".

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-80-21, relating to definitions and electronic transmission of budgets regarding general provisions applicable to counties, municipal corporations, and other governmental entities, in subparagraph (a)(2)(B), by replacing "paragraph (3) of subsection (a) of Code Section 20-2-167" with "Code Section 20-2-67".

Reserved.

SECTION 37.

Reserved.

SECTION 38.

SECTION 39.

876 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in: (1) Code Section 40-1-161, relating to the revocation, alteration, or amendment of a limousine certificate, by inserting a comma between "Act" and the quotation mark. (2) Code Section 40-2-152, relating to fees for apportionable vehicles and restricted license plates for vehicles, in subsection (d), by inserting a comma after "plates". (3) Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles and motorist allowed to continue to safe location before stopping for law enforcement officer vehicles, in subsection (b), by deleting the undesignated paragraph at the end of such subsection as such paragraph was automatically repealed on June 30, 2013.

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-8-1, relating to the creation, composition, selection of members, and terms of office regarding the Advisory Council for Probation, by replacing "council members" with "councilmembers".

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-11-1, relating to definitions relative to general provisions regarding dentists, dental hygienists, and dental assistants, in paragraph (8), by replacing "state board" with "board". (2) Code Section 43-14-6, relating to the powers and duties of the divisions of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, at the beginning of paragraph (1) of subsection (d), by replacing "With respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of licenses" with "The Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of Conditioned Air Contractor Class I and Class II licenses"; at the beginning of paragraph (1) of subsection (e), by replacing "With respect to Electrical Contractor Class I and Class II licenses, the Division of Electrical Contractors shall be authorized to require persons seeking renewal of licenses" with "The Division of Electrical Contractors shall be authorized to require persons seeking renewal of Electrical Contractor Class I and Class II

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licenses"; at the beginning of paragraph (1) of subsection (f), by replacing "With respect to utility foreman certificates and utility manager certificates issued under this chapter, the Division of Utility Contractors shall be authorized to require persons seeking renewal of such certificates" with "The Division of Utility Contractors shall be authorized to require persons seeking renewal of utility foreman certificates and utility manager certificates issued under this chapter"; and at the beginning of paragraph (1) of subsection (g), by replacing "With respect to Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses, the Division of Master Plumbers and Journeyman Plumbers shall be authorized to require persons seeking renewal of such licenses" with "The Division of Master Plumbers and Journeyman Plumbers shall be authorized to require persons seeking renewal of Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses". (3) Code Section 43-14-15, relating to certain military certifications that entitle persons to obtain certain professional licenses, in subsections (b) and (c), by replacing "meet or exceed" with "meets or exceeds". (4) Code Section 43-26-50, relating to definitions relative to mandatory reporting requirements for nurses, by revising paragraph (1) as follows:
"(1) 'Board' means the Georgia Board of Nursing." (5) Code Section 43-26-51, relating to the mandatory reporting requirement for violations of grounds for discipline and no reporting requirement for knowledge obtained via privileged communications for nurses, by replacing "applicable board" with "board" each time the term appears. (6) Code Section 43-26-52, relating to institutional reporting requirements and voluntary suspension to alternative to discipline program not subject to reporting requirements for nurses, by replacing "applicable board" with "board", "such board" with "the board", and "Each board" with "The board" each time those terms appear. (7) Code Section 43-26-53, relating to reportable incidents for nurses, by replacing "applicable board" with "board" each time the term appears. (8) Code Section 43-26-54, relating to court orders and citation for civil contempt for nurses, by replacing "applicable board" with "board" each time the term appears. (9) Code Section 43-26-55, relating to immunity from liability for good-faith reporting for nurses, by replacing "applicable board" with "board" each time the term appears. (10) Code Section 43-34-5, relating to election of the Georgia Composite Medical Board officers, reimbursement of members, meetings, powers and duties, and no restriction on licenses, in paragraph (8), by replacing "limited, to" with "limited to,". (11) Code Section 43-41-18, relating to certain military specialties or certifications that entitle persons to obtain certain professional licenses and definitions regarding residential and general contractors, in subsection (c), by replacing "meet or exceed" with "meets or exceeds".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-14-361.5, relating to liens of persons without privity of contract in regard to mechanics and materialmen, in subsection (a), by replacing "Notice to Contractor" with "notice to contractor".

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in: (1) Code Section 45-9-4, relating to the commissioner of administrative services to purchase insurance or indemnity contracts, self-insurance program, Hazardous Materials Liability Reserve Fund, insurer becoming insolvent, and provision of liability coverage to nonprofit agencies and employees contracting with certain state agencies, each time the term appears in subsection (e), by replacing "Georgia State Finance and Investment Commission" with "Georgia State Financing and Investment Commission". (2) Code Section 45-11-4, relating to unprofessional conduct, misdemeanor, applicability, and indictment regarding miscellaneous offenses concerning public officers and employees, in paragraphs (1), (2), and (3) of subsection (a), by replacing "shall mean" with "means". (3) Code Section 45-12-75.1, relating to zero-base budgeting, intent, and departmental priority lists regarding management of budgetary and financial affairs by the Office of Planning and Budget, in subsection (b), by replacing "House Budget Office and Senate Budget Office" with "House Budget and Research Office and Senate Budget and Evaluation Office" each time those terms appear. (4) Code Section 45-12-82, relating to periodic work programs to be filed, funds not to be allotted until program approved, content and form of program, amendment of program, and filing of copies of program regarding management of budgetary and financial affairs by the Governor's Office of Planning and Budget, by replacing "Senate Budget Office, and the House Budget Office" with "Senate Budget and Evaluation Office, and the House Budget and Research Office". (5) Code Section 45-12-85, relating to the examination and investigation of periodic work programs and requests for allotment of funds regarding management of budgetary and financial affairs by the Office of Planning and Budget, in subsection (b), by replacing "House Budget Office and the Senate Budget Office" with "House Budget and Research Office and the Senate Budget and Evaluation Office". (6) Code Section 45-12-95, relating to the duty of Office of Planning and Budget to encourage state agencies to identify and implement cost-saving measures and to decentralize state government, in subsection (d), by replacing "House Budget Office and the Senate Budget Office" with "House Budget and Research Office and the Senate Budget and Evaluation Office". (7) Code Section 45-12-110, relating to notification of intention to apply for federal assistance and adoption and promulgation of rules and regulations and forms by House

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Budget Office, Senate Budget Office, and director of Office of Planning and Budget, in subsections (a) and (b), by replacing "House Budget Office, the Senate Budget Office" with "House Budget and Research Office, the Senate Budget and Evaluation Office". (8) Code Section 45-13-22, relating to the distribution of Georgia Laws and journals of House and Senate and pricing as part of the powers and duties of the Secretary of State, in paragraph (21) of subsection (c), by replacing "House Budget Office and Senate Budget Office" with "House Budget and Research Office and Senate Budget and Evaluation Office". (9) Article 3 of Chapter 13 of Title 45, which is redesignated and repealed, by designating said article as reserved. (10) Code Section 45-15-13, relating to representation of state authorities by the Attorney General, by deleting "Georgia Building Authority (Hospital), Georgia Building Authority (Markets)," which refers to obsolete entities. (11) Code Section 45-16-27, relating to death investigations by coroners and when inquest is to be held, special situations, coroner's fee, issuance of subpoenas for books, records, or papers, cost of copying, and limited disclosure of photographs, in subsection (b.1), by replacing "coroner may, elect" with "coroner may elect".

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-2-26.3, relating to recovery of costs of conversion from oil-burning to coal-burning generating facility, filing of request, public hearing, determination of rate, and adjustments regarding the jurisdiction, powers, and duties generally of the Public Service Commission, in subparagraph (b)(3)(A), by deleting the subsection (b) designation preceding the subparagraph (3)(A) designation. (2) Code Section 46-3-128, relating to the Municipal Electric Authority of Georgia and the declaration of authority property as public property, payments by authority in lieu of taxes, and tax exemption for authority property, income, obligations, and debt interest, in subparagraph (b)(2)(A), by deleting the subsection (b) designation preceding the subparagraph (2)(A) designation. (3) Code Section 46-5-1, relating to exercise of power of eminent domain by telephone companies, placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, liability of telephone companies for damages, required information, and due compensation, in paragraph (7) of subsection (b), by replacing "subsection (b) of this Code section" with "this subsection". (4) Code Section 46-5-121, relating to legislative intent by the General Assembly regarding the emergency telephone number 9-1-1 system, in subsections (b) and (c), by replacing "life-saving" with "lifesaving".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-5-7.6, relating to the definition of "brownfield property", related definitions, qualifying for preferential assessment, disqualification of property receiving preferential assessment, responsibilities of owners, transfers of property, costs, appeals, creation of lien against property, and extension of preferential assessment in regard to ad valorem taxation of property, in subparagraph (e)(1)(B), by replacing "Code section 36-62-5.1" with "Code Section 36-62-5.1". (2) Chapter 5B of Title 48, which is repealed, by designating said chapter as reserved. (3) Code Section 48-8-2, relating to definitions regarding general provisions under the state sales and use tax, at the beginning of the second sentence of paragraph (7), by deleting the quotation marks around "Conference bridging service"; at the beginning of the second and third sentences of paragraph (12), by deleting the quotation marks around "Direct mail"; at the beginning of the second sentence of paragraph (16), by deleting the quotation marks around "Food and food ingredients"; at the beginning of the second and third sentences of the introductory text of paragraph (17), by deleting the quotation marks around "Lease or rental"; in the second sentence of the introductory text of paragraph (20.1), by deleting the quotation marks around "over-the-counter drug"; in the second sentence of paragraph (21), by deleting the quotation marks around "place of primary use"; in subparagraph (B) of paragraph (27), by deleting the quotation marks around "Prepared food"; in paragraph (28.1), by deleting the quotation marks around "computer software," and "computer software", by deleting in the second sentence the quotation marks around "prewritten computer software" and "prewritten computer software.", by deleting at the beginning of the third and fifth sentences the quotation marks around "Prewritten computer software'', and by deleting in the fifth sentence the quotation marks around "prewritten computer software" and "prewritten computer software."; in the undesignated text at the end of paragraph (29), by deleting the quotation marks around "Prosthetic device"; in the introductory text of paragraph (31), by replacing "shall himself be liable" with "shall be liable"; in the introductory text at the beginning of subparagraphs (B) and (C) of paragraph (34), by deleting the quotation marks around "Sales price"; in subdivision (34)(C)(iv)(II), by deleting the quotation marks around "preferred customer"; at the beginning of the second and third sentences of paragraph (37), by deleting the quotation marks around "Tangible personal property"; in the second sentence of the introductory text of paragraph (39), by deleting the quotation marks around "telecommunications service" and at the beginning of the third sentence, by deleting the quotation marks around "Telecommunications service"; and at the beginning of the second sentence of paragraph (43), by deleting the quotation marks around "Voice mail service".

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(4) Code Section 48-8-3, relating to exemptions regarding sales and use taxes, in subparagraph (B) of paragraph (80), by deleting the colon following "term" and in paragraph (81), by deleting the quotation marks around "Food and food ingredients". (5) Code Section 48-8-17, relating to the suspension of the collection of taxes on gasoline and aviation fuel and ratification of temporary suspension regarding state sales and use taxes, in paragraph (4) of subsection (a), by deleting "and" after the semicolon at the end. (6) Code Section 48-8-75, relating to a purchaser's immunity from liability for failure to pay correct sales tax under certain circumstances, in paragraph (4) of subsection (a), by replacing "databases" with "data bases". (7) Code Section 48-8-89, relating to distribution and use of proceeds, certificate specifying percentage of proceeds for each political subdivision, determination of proceeds for absent municipalities, procedure for filing certificates, effect of failure to file, and renegotiation of certificate regarding joint county and municipal sales and use tax, in paragraph (1) of subsection (a), by inserting "and" after the semicolon at the end. (8) Code Section 48-8-161, relating to definitions regarding uniform sales and use tax administration, in paragraph (7), by replacing "$500 million dollars" with "$500 million".

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-4-193, relating to established drug testing, ineligibility for benefits based upon positive tests, drug treatment, impact of drug use by parents on children, confidentiality, and exceptions, in subsection (a) by replacing "Mandatory Guidelines for Federal Workplace Drug Testing Programs (53 C.F.R. 11979, et seq., as amended)" with "Mandatory Guidelines for Federal Workplace Drug Testing Programs established by the United States Department of Health and Human Services". (2) Code Section 49-4A-2, relating to the creation of the Board of Juvenile Justice, appointments, terms, vacancies, chairperson, per diem and expenses, and responsibilities and duties, in paragraph (5) of subsection (b), by replacing "Senate State Judiciary Committee" with "Senate Judiciary Committee". (3) Code Section 49-6-62, relating to the establishment of a community care unit, provision of services, annual service plan, implementation plan, annual progress report, fees and contributions, and funding regarding community care and services for the elderly, in subsection (g), by inserting a comma after "House Committee on Health and Human Services".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Code Section 50-7-17, relating to the State-wide Tourism Marketing Program and the Georgia Tourism Foundation, in paragraph (2) of subsection (e), by replacing "Board of Development" with "Board of Economic Development". (2) Code Section 50-8-18, relating to energy efficient construction of major state-funded facility projects, a short title, legislative findings, and "major facility project" defined, in the introductory language of subsection (d), by replacing "Georgia State Finance and Investment Commission" with "Georgia State Financing and Investment Commission". (3) Code Section 50-17-21, relating to definitions regarding the Georgia State Financing and Investment Commission, in paragraph (9), by deleting "Georgia Building Authority (Markets)," which refers to an obsolete entity. (4) Code Section 50-18-72, relating to when public disclosure not required regarding inspection of public records, in paragraph (26) of subsection (a), by replacing "paragraph (3)" with "paragraph (5)". (5) Code Section 50-25-7.1, relating to the technology empowerment fund, appropriations, initiatives, and steering committee regarding the Georgia Technology Authority, by replacing "Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and Research Office" each time those terms appear throughout said Code section and in subsection (d) by replacing "House Appropriations Committee" with "House Committee on Appropriations". (6) Code Section 50-27-70, relating to legislative findings and definitions regarding general provisions of bona fide coin operated amusement machines, in the undesignated text at the end of subparagraph (b)(2)(A), by replacing "means machine" with "means a machine". (7) Code Section 50-27-87, relating to master licensees and requirements and restrictions for licensees regarding bona fide coin operated amusement machines, in paragraph (3) of subsection (b), by replacing "location owner or location owner" with "location owner or location operator". (8) Code Section 50-32-11, relating to the powers of the Georgia Regional Transportation Authority generally, in paragraph (26) of subsection (a), by inserting a comma after "state agencies". (9) Code Section 50-34-17, relating to the establishment and duties of the OneGeorgia Authority Overview Committee, in subsection (a), by replacing "Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and Research Office".

Reserved.

SECTION 51.

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SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended in: (1) Code Section 52-7-8, regarding classification of vessels and required equipment regarding the registration, operation, and sale of watercraft, in subsection (k), by replacing "the words" with "the term". (2) Code Section 52-7-12, relating to the operation of watercraft while under influence of alcohol, toxic vapors, or drugs, legal drug use not exempted, blood and other chemical tests, test refusal, owner's liability for allowing another to operate while intoxicated, civil and criminal actions, and child endangerment, in subparagraphs (m)(1)(D), (m)(2)(D), (m)(3)(D), and (m)(4)(D), by replacing "Department of Drivers Service's approval" with "Department of Driver Services' approval".

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 2013 supplements to the Official Code of Georgia Annotated published under authority of the state in 2013 by LEXIS Publishing, are hereby reenacted. (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

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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 Sections 1 through 53 of this Act and in the other Acts enacted at the 2014 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated ratified and reenacted by subsection (a) of this section. (e) In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2014 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.

SECTION 55. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) The amendments made by paragraphs (4) through (9) of Section 43 of this Act shall be effective the later of July 1, 2014, or when funds are specifically appropriated for purposes of Ga. L. 2013, p. 830, 4, in an Appropriations Act making specific reference to such Act.

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

Approved April 29, 2014.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

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887

ADDITIONAL PENALTIES OR FEES FOR OFFENSE OF RECKLESS DRIVING FOR BRAIN AND SPINAL INJURY TRUST FUND.

No. 589 (House Resolution No. 1183).

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offense of reckless driving and may provide for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative services to citizens of this state who have survived neurotrauma with head or spinal cord injuries; 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 III, Section IX, Paragraph VI of the Constitution is amended by revising subparagraph (k) as follows:
"(k) The General Assembly is authorized to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs or reckless driving. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative services to citizens of the state who have survived neurotrauma with head or spinal cord injuries. Moneys appropriated for such purposes shall not lapse. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine."

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 to allow additional reckless ( ) NO driving penalties or fees to be added to the Brain and Spinal Injury Trust
Fund to pay for care and rehabilitative services for Georgia citizens who have survived neurotrauma with head or spinal cord injuries?"

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PROPOSED CONSTITUTIONAL AMENDMENTS

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 April 22, 2014.

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PROHIBIT THE GENERAL ASSEMBLY FROM INCREASING MAXIMUM STATE INCOME TAX RATE.

No. 592 (Senate Resolution No. 415).

A RESOLUTION

Proposing an amendment to the Constitution so as to prohibit the General Assembly from increasing the maximum state income tax rate; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VII, Section III of the Constitution is amended by adding a new Paragraph to read as follows:
"Paragraph IV. Increase in state income tax rate prohibited. The General Assembly shall not increase the maximum marginal rate of the state income tax above that in effect on January 1, 2015."

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 to prohibit the General ( ) NO Assembly from increasing the maximum state income tax rate?"
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

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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 April 22, 2014.

APPLICATIONS TO CONGRESS TO CALL
FOR A CONVENTION FOR THE
PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES

GEORGIA LAWS 2014 SESSION

893

APPLICATION TO CONGRESS TO CALL FOR A CONVENTION FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.

(Senate Resolution No. 371).

Compiler's Note: This Resolution was adopted by the House of Representatives and the Senate but was not transmitted to the Governor and was not assigned an Act number.

A RESOLUTION

Making renewed application to the Congress of the United States to call for a convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes.

WHEREAS, in 1976, by House Resolution 469-1267, Resolution Act No. 93 (Ga. L. 1976, p. 184), the Georgia General Assembly applied to the Congress to call a convention for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States to require a balanced federal budget and to make certain exceptions with respect thereto; and

WHEREAS, in 2004, by House Resolution No. 1343, Act No. 802 (Ga. L. 2004, p. 1081), the Georgia General Assembly rescinded and repealed all prior applications for constitutional conventions, including but not limited to said 1976 application; and

WHEREAS, the need for such a balanced budget amendment remains and has become far more apparent and urgent.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby applies again to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention for proposing an amendment to the Constitution of the United States and recommends that the convention be limited to consideration and proposal of an amendment requiring that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this application to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, and

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PROPOSED CONSTITUTIONAL AMENDMENTS

members of the Georgia congressional delegation and to transmit appropriate copies also to the presiding officers of each of the legislative houses of the several states, requesting their cooperation.

BE IT FURTHER RESOLVED that this application is to be considered as covering the same subject matter as the presently-outstanding balanced budget applications from other states, including but not limited to previously adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Carolina, Pennsylvania, and Texas, and this application should be aggregated with same for the purpose of reaching the two-thirds of states necessary to require the calling of a convention, but should not be aggregated with any applications on any other subject.

BE IT FURTHER RESOLVED that this application shall constitute a continuing application in accordance with Article V of the Constitution of the United States until:
(1) The legislatures of at least two-thirds of the several states have made applications on the same subject and Congress has called for a convention for proposing an amendment to the Constitution of the United States; (2) The Congress of the United States has in accordance with Article V of the Constitution of the United States proposed an amendment to said Constitution which is consistent with the balanced budget amendment referenced in this application; or (3) January 1, 2020, whichever first occurs.

Adopted by the Senate March 7, 2013. Adopted by the House of Representatives February 20, 2014.

__________

CALL FOR CONVENTION OF THE STATES UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION.

No. 593 (Senate Resolution No. 736).

A RESOLUTION

Applying for a convention of the states under Article V of the United States Constitution; and for other purposes.

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895

WHEREAS, the founders of the Constitution of the United States empowered state legislators to be guardians of liberty against future abuses of power by the federal government; and

WHEREAS, the federal government has created a crushing national debt through improper and imprudent spending; and

WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

WHEREAS, the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and

WHEREAS, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, by proposing amendments to the Constitution of the United States through a convention of the states under Article V of the United States Constitution to place clear restraints on these and related abuses of power.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly of the State of Georgia hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments to the United States Constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.

BE IT FURTHER RESOLVED that this application shall be deemed an application for a convention to address each or all of the subjects herein stated. For the purposes of determining whether two-thirds of the states have applied for a convention addressing any of the subjects stated herein, this application is to be aggregated with the applications of any other state legislatures for the single subjects of balancing the federal budget, limiting the power and jurisdiction of the federal government, or limiting the terms of federal officials.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby directed to transmit copies of this application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, to transmit copies to the members of the United States Senate and United States House of Representatives from this state, and to transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

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PROPOSED CONSTITUTIONAL AMENDMENTS

BE IT FURTHER RESOLVED that this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two-thirds of the several states have made applications on the same subject.

Approved April 22, 2014.