ACTS AND RESOLUTIONS OF THE
SECOND SESSION OF THE 153RD
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2016
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2016 Regular Session of the General Assembly of Georgia will be found in Volume One, Book One beginning at page 1. The Supplementary Appropriations Act for FY 2015-2016 and the Appropriations Act for FY 2016-2017 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, 2015, and May 1, 2016, are printed in Volume Two beginning at pages 4245 and 4411, respectively.
There are no numbered pages between page 897, 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 messages are printed in Volume Three. Indexes cover material in both Volumes One and Two. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2016
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2015-2016. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2016-2017.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4245 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4411
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 87A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 117A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 123A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 125A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374A State Auditor's Report on Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 394A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 396A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397A

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REVENUE AND TAXATION INCORPORATE CERTAIN PROVISIONS OF FEDERAL LAW; CHANGE CERTAIN DATES REGARDING PARTNERSHIPS AND CORPORATIONS; CLARIFY PROVISIONS REGARDING STATEMENTS OF WAGES PAID AND ANNUAL AND FINAL COMPENSATION RETURNS.

No. 313 (House Bill No. 742).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise the definition of the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to change certain dates for partnerships and corporations other than Georgia Subchapter "S" corporations; to clarify certain provisions relating to statements of wages paid; to change certain dates and clarify provisions relating to annual and final compensation returns; 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 (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, 2015, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2016, 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,

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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, shall be $250,000.00 for tax years beginning in 2013, and shall be $500,000.00 for tax years beginning in 2014, 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, shall be $800,000.00 for tax years beginning in 2013, and shall be $2 million for tax years beginning in 2014, and provided that Section 1106 of federal Public Law 112-95 as amended by federal Public Law 113-243 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2015)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2015),' 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, 2016, 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, 2015, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2016, 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 subsection (a) of Code Section 48-7-56, relating to time and place of filing returns and extensions, as follows:
"(a) Returns of taxpayers other than corporations and partnerships shall be filed with the commissioner on or before April 15 in each year except that, in the case of taxpayers using a fiscal year, the return shall be filed on or before the fifteenth day of the fourth month after the close of the fiscal year. However, in the case a taxpayer's return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003, because the taxpayer has electronically filed returns, the date the return shall be filed shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003. Returns of corporations other than Georgia Subchapter 'S' corporations made on the basis of a calendar year shall be filed on or before the fifteenth day of April following the close of the calendar year, and returns of corporations other than Georgia

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Subchapter 'S' corporations made on the basis of a fiscal year shall be filed on or before the fifteenth day of the fourth month following the close of the fiscal year. Returns of Georgia Subchapter 'S' corporations made on the basis of a calendar year shall be filed on or before the fifteenth day of March following the close of the calendar year, and returns of Georgia Subchapter 'S' corporations made on the basis of a fiscal year shall be filed on or before the fifteenth day of the third month following the close of the fiscal year. Returns of partnerships made on the basis of a calendar year shall be filed on or before the fifteenth day of March following the close of the calendar year, and returns of partnerships made on the basis of a fiscal year shall be filed on or before the fifteenth day of the third month following the close of the fiscal year. Returns required for a taxable year relating to returns of domestic import sales corporations and former domestic import sales corporations and foreign sales corporations shall be filed on or before the fifteenth day of the ninth month following the close of the taxable year. The commissioner may allow further time for filing returns in the case of sickness or other disability or whenever in his or her judgment good cause exists for the extension. In case a taxpayer is granted an extension of time to file a return, the commissioner may require a tentative return to be filed on or before the due date of the return for which the extension is granted. A tentative return shall be made on the usual form, shall be plainly marked 'tentative,' shall state the estimated amount of the tax believed to be due, and shall be properly signed by the taxpayer."

SECTION 3. Said title is further amended by revising Code Section 48-7-80, relating to time and place of payment of tax on basis of calendar or fiscal year, as follows:
"48-7-80. The total amount of tax imposed by this chapter on taxpayers other than corporations shall be paid to the commissioner on or before April 15 following the close of the calendar year. If the return of a taxpayer other than a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the fourth month following the close of the fiscal year. However, in the case a taxpayer's return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003, because the taxpayer has electronically filed returns, the date of payment shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003. The total amount of tax imposed by this chapter on corporations other than Georgia Subchapter 'S' corporations shall be paid to the commissioner on or before April 15, following the close of the calendar year. If the return of a corporation other than a Georgia Subchapter 'S' corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the fourth month following the close of the fiscal year. The total amount of tax imposed by this chapter on Georgia Subchapter 'S' corporations shall be paid to the commissioner on or before March 15, following the close of the calendar year. If the return of a Georgia Subchapter 'S'

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corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the third month following the close of the fiscal year."

SECTION 4. Said title is further amended by revising Code Section 48-7-105, relating to statements of wages paid and taxes withheld to employees, time, and extensions, as follows:
"48-7-105. (a) Not later than January 31 in each year and at such other dates as required by the commissioner, each person required to withhold taxes as provided in this article shall furnish each employee for whom taxes have been withheld or to whom remuneration has been paid in that year or other period a statement of wages paid and taxes withheld. The commissioner shall provide by rule for the enforcement and implementation of this Code section. This Code section shall also apply with respect to Form 1099s where Georgia withholding occurred. (b) The commissioner may grant a reasonable extension of time, not exceeding 30 days, for furnishing the statement required by this Code section."

SECTION 5. Said title is further amended by revising Code Section 48-7-106, relating to annual and final returns, time, extensions, return to be filed upon sale of business, withholding unpaid withholding taxes from purchase prices, and penalties for violations, as follows:
"48-7-106. (a) For calendar years beginning on or before December 18, 2015, on or before February 28 of each year for the preceding calendar year or on or before the thirtieth day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the commissioner an annual or a final return, as the case may be, on a form prescribed by the commissioner. The employer shall attach to the return copies of the statements required to be furnished under Code Section 48-7-105 for the period covered by the return, provided that in lieu of attaching copies, the commissioner may authorize the reporting of such information by electronic or magnetic media. This subsection shall continue to apply for calendar years beginning after December 18, 2015, with respect to Form 1099s where Georgia withholding occurred and which are required to be filed for any reason other than to report nonemployee compensation. (b) For calendar years beginning after December 18, 2015, on or before January 31 of each year for the preceding calendar year or on or before the thirtieth day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the commissioner an annual or a final return, as the case may be, on a form prescribed by the commissioner. The employer shall attach to the return copies of the statements required to be furnished under Code Section 48-7-105 for the period covered by the return, provided that in lieu of attaching copies, the commissioner may

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authorize the reporting of such information by electronic or magnetic media. This subsection shall also apply with respect to Form 1099s where Georgia withholding occurred and which are required to be filed to report nonemployee compensation. (c) The commissioner may grant a reasonable extension of time, not exceeding 30 days, for filing the annual or final return required by this Code section. (d) If an employer liable for any withholding tax, interest, or penalty levied pursuant to this chapter sells out his or her business or stock of goods or equipment or quits the business, he or she shall file the final return as required in subsection (a) or (b) of this Code section. The employer's successor or assigns, if any, shall withhold a sufficient amount of the purchase money to cover the amount of the withholding taxes, interest, and penalties due and unpaid until the former owner provides a receipt from the commissioner showing that the taxes, interest, and penalties have been paid or a certificate from the commissioner stating that no withholding taxes, interest, or penalties are due. (e) If the purchaser of a business or stock of goods or equipment fails to withhold the purchase money as required by this Code section, he or she shall be personally liable for the payment of the withholding tax, interest, and penalties accruing and unpaid by any former owner or assignor. The personal liability of the purchaser in such a case shall not exceed the amount of the total purchase money, but the property being transferred shall in all cases be subject to the full amount of the tax lien arising from the delinquencies of the former owner."

SECTION 6. Said title is further amended by revising Code Section 48-13-77, relating to corporate net worth tax return and payment, procedure, and combining net worth tax return with state income tax return, as follows:
"48-13-77. Each corporation other than Georgia Subchapter 'S' corporations subject to the tax imposed by this article shall file a return and pay the tax due on the fifteenth day of the fourth calendar month following the beginning of its tax period. Each Georgia Subchapter 'S' corporation subject to the tax imposed by this article shall file a return and pay the tax due on the fifteenth day of the third calendar month following the beginning of its tax period. The commissioner may authorize combining the return required by this Code section with the state income tax return required by law. The return shall be signed and sworn to by an officer of the corporation and shall be forwarded to the commissioner."

SECTION 7. Said title is further amended by revising Code Section 48-13-78, relating to period for payment of tax and effect, as follows:
"48-13-78. For corporations other than Georgia Subchapter 'S' corporations, the tax imposed by this article shall be paid to the commissioner on or before the fifteenth day of the fourth

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calendar month beginning with the first calendar month of the tax period. For Georgia Subchapter 'S' corporations, the tax imposed by this article shall be paid to the commissioner on or before the fifteenth day of the third calendar month beginning with the first calendar month of the tax period. Except as otherwise provided by law, the payment of the tax shall authorize the corporation to exercise the privilege provided in Code Section 48-13-72 in any county of this state. The payment of this tax shall not be construed to relieve a corporation or its agents of any other license or occupation tax."

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2015. Sections 2, 3, 6, and 7 of this Act shall be applicable to all taxable years beginning on or after January 1, 2016.

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

Approved February 23, 2016.

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STATE GOVERNMENT OPEN RECORDS; TIME FOR RESPONDING TO REQUESTS; EXEMPTIONS FOR CERTAIN ECONOMIC DEVELOPMENT PROJECTS.

No. 323 (Senate Bill No. 323).

AN ACT

To amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to change certain providing relating to open records; to extend the deadline for responses to requests for certain records relating to intercollegiate sports programs; to provide for public disclosure not to be required for any documents pertaining to an economic development project by any agency; 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 18 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended in Code Section 50-18-71, relating to the right of access to public records, timing of responses to requests, fees, denial of requests, and impact of electronic records, by adding a new subsection to read as follows:
"(d.1) Any other provision of this Code section to the contrary notwithstanding, the period within which any production, access, response, or notice is required from an agency with respect to a request for records, other than salary information for nonclerical staff, of intercollegiate sports programs of any unit of the University System of Georgia, including athletic departments and related private athletic associations, shall be 90 business days from the date the agency received the request."

SECTION 2. Said title is further amended in Code Section 50-18-72, relating to when public disclosure not required, by revising paragraph (46) of subsection (a) as follows:
"(46) Documents maintained by any agency, as such term is defined in subparagraph (a)(1)(A) of Code Section 50-14-1, which pertain to an economic development project until the economic development project is secured by binding commitment, provided that any such documents shall be disclosed upon proper request after a binding commitment has been secured or the project has been terminated. No later than five business days after the Department of Economic Development secures a binding commitment and the department has committed the use of state funds from the OneGeorgia Authority or funds from Regional Economic Business Assistance for the project pursuant to Code Section 50-8-8, or other provisions of law, the Department of Economic Development shall give notice that a binding commitment has been reached by posting on its website notice of the project in conjunction with a copy of the Department of Economic Development's records documenting the bidding commitment made in connection with the project and the negotiation relating thereto and by publishing notice of the project and participating parties in the legal organ of each county in which the economic development project is to be located. As used in this paragraph, the term 'economic development project' means a plan or proposal to locate a business, or to expand a business, that would involve an expenditure of more than $25 million by the business or the hiring of more than 50 employees by the business;"

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

Approved April 11, 2016.

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DEBTOR AND CREDITOR PROPERTY WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES COMPREHENSIVE REVISION OF GARNISHMENT PROCEEDINGS.

No. 325 (Senate Bill No. 255).

AN ACT

To amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to modernize, reorganize, and provide constitutional protections in garnishment proceedings; to provide for definitions; to provide for an affidavit and summons of garnishment, contents, and procedure for garnishment; to provide for property being subject to and exempt from garnishment; to provide for a garnishee's answer to a summons of garnishment; to provide for garnishee expenses; to provide for a defendant's and third party's claim and plaintiff's traverse to a garnishment proceeding; to provide for procedure for claims and traverses; to provide for default judgment and opening of default judgments; to provide for procedures only applicable to financial institutions; to provide for release of garnishment; to provide for continuing garnishments; to provide for continuing garnishment for support of family members; to provide for and require the use of certain forms for garnishment proceedings; to amend Code Sections 44-7-50 and 53-12-80 of the Official Code of Georgia Annotated, relating to demand for possession and spendthrift provisions, 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:

SECTION 1. Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended by repealing Chapter 4, relating to garnishment proceedings, and enacting a new Chapter 4 to read as follows:

"CHAPTER 4 ARTICLE 1

18-4-1. As used in this chapter, the term:
(1) 'Disposable earnings' means that part of the earnings of an individual remaining after the deduction for federal income tax, state income tax, withholdings for the Federal Insurance Contributions Act (FICA), and other mandatory deductions required by law. (2) 'Earnings' means compensation paid or payable for personal services, whether denominated as wages, salary, commission, fee, bonus, tips, overtime, or severance pay,

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including recurring periodic payments from pensions or retirement plans, including, but not limited to, the United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts. (3) 'Entity' means a public corporation or a corporation, limited liability company, partnership, limited partnership, professional corporation, firm, or other business organization other than a natural person. (4) '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, any money market mutual fund, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. (5) 'Garnishee answer' or 'garnishee's answer' means the response filed by a garnishee responding to a summons of garnishment detailing the money or other property of the defendant that is in the possession of the garnishee or declaring that the garnishee holds no such money or other property of the defendant. (6) 'Public corporation' means any department, agency, branch of government, or political subdivision, as such term is defined in Code Section 50-15-1, or any public board, bureau, commission, or authority created by the General Assembly.

18-4-2. (a) The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings. (b) In all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the 'Uniform Foreign-Country Money Judgments Recognition Act,' or Article 6 of Chapter 12 of Title 9, the 'Uniform Enforcement of Foreign Judgments Law,' the plaintiff shall be entitled to the process of garnishment. (c) Except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings. (d) Any affidavit, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment is entered or before money or other property subject to garnishment is distributed by the court.

18-4-3. (a) The plaintiff, the plaintiff's attorney, or the plaintiff's agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof.

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(b) Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff's affidavit is:
(1) Made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed; and (2) Submitted to and approved by any judge of the court in which the garnishment is filed or submitted to and approved by any clerk or deputy clerk of such court if the court has promulgated rules authorizing the clerk or deputy clerk of such court to review and approve affidavits of garnishment. (c) An affidavit of garnishment may be electronically submitted to the clerk or deputy clerk of the court if the court has promulgated rules authorizing such submission. (d) The form for an affidavit of garnishment is set forth in Code Section 18-4-71.

18-4-4. (a) All obligations owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the garnishee and all obligations accruing from the garnishee to the defendant throughout the garnishment period shall be subject to the process of garnishment. No payment made by the garnishee to the defendant or on his or her behalf, or by any arrangement between the defendant and the garnishee, after the date of service of the summons of garnishment upon the garnishee shall defeat the lien of such garnishment. (b) All money or other property of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment upon the garnishee or coming into the possession or control of the garnishee throughout the garnishment period shall be subject to the process of garnishment, provided that, in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed on the debt for which the securities were given as collateral. (c) The garnishment period shall begin on the day of service of the summons of garnishment and, for:
(1) A continuing garnishment, shall include the next 179 days; (2) Garnishments, other than a continuing garnishment or continuing garnishment for support, served on a financial institution, shall include the next five days; (3) A continuing garnishment for support, shall remain for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired; and (4) All other garnishments, shall include the next 29 days.

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18-4-5. (a)(1) Subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53, the maximum part of disposable earnings for any work week which is subject to garnishment shall not exceed the lesser of: (A) Twenty-five percent of the defendant's disposable earnings for that week; or (B) The amount by which the defendant's disposable earnings for that week exceed $217.00. (2) In case of earnings for a period other than a week, a multiple of $7.25 per hour shall be used.
(b) The limitation on garnishment set forth in subsection (a) of this Code section shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant unless the garnishee has received a summons of continuing garnishment for support as provided in Article 3 of this chapter. (c) No employer shall discharge an employee by reason of the fact that such employee's earnings have been subjected to garnishment for any one obligation, even though more than one summons of garnishment may be served upon such employer with respect to the obligation.

18-4-6. (a)(1) Certain earnings or property of the defendant may be exempt from the process of garnishment. (2) Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distributed to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise distributed to such member or beneficiary, shall be exempt from the process of garnishment only to the extent of the limitations provided in Code Section 18-4-5 for other disposable earnings, unless a greater exemption is otherwise provided by law. (3) Funds in an unfunded plan maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees shall not be exempt from the process of garnishment. (4) Exempt property shall not be considered disposable earnings for purposes of Code Section 18-4-5 or subsection (b) of Code Section 18-4-53.
(b) Not later than ten days after the effective date of this Code section, the Attorney General shall create and maintain on the Department of Law's website a list of exemptions that a defendant may be allowed by law to claim in relation to a garnishment of his or her earnings or property. The Attorney General shall revise such list when exemptions are repealed, revised, or created by law. The Attorney General shall transmit a copy of such list to each clerk of court in this state who issues summonses of garnishment and transmit a revised list when a change is made to such list.

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(c) Each clerk of court in this state who issues summonses of garnishment shall post and update such list of exemptions as promulgated by the Attorney General and shall provide such list to individuals upon request. (d) A defendant may claim an exemption as provided in Code Section 18-4-15. (e) The fact that an exemption is not identified by the Attorney General shall not preclude a defendant from claiming an exemption.

18-4-7. (a) The amount shown on the summons of garnishment shall not exceed the amount the defendant owes the plaintiff pursuant to a judgment.
(b)(1) A summons of garnishment, or an attachment thereto, shall state on its face 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 of garnishment, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof; (B) The service address and the current address 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; and (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. (2) A summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support. A summons of garnishment on a financial institution, or an attachment thereto, shall also state with particularity the defendant's account, identification, or tracking numbers known 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 known to the plaintiff. (3) 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.

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(c) The form for a summons of garnishment is set forth in Code Section 18-4-74, and the optional attachment thereto is set forth in Code Section 18-4-75. The form for a summons of garnishment on a financial institution is set forth in Code Section 18-4-76, and the attachment thereto is set forth in Code Section 18-4-77. The form for a summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support. (d) When a plaintiff uses the incorrect form for a summons of garnishment of any type, the garnishment shall not be valid and the garnishee shall be relieved of all liability.

18-4-8. (a) The plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a copy of the affidavit of garnishment, summons of garnishment, Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and Defendant's Claim Form. The plaintiff shall fill in the style of the case, except for the civil action file number, and the garnishment court information on such notice and claim form. Such notice and claim form are set forth in Code Section 18-4-82.
(b)(1) Not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall cause a copy of the affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and a copy of the Defendant's Claim Form as described in subsection (a) of this Code section, using one of the following methods:
(A)(i) To be sent to the defendant at the defendant's last known address by: (I) Regular mail; and (II) Registered or certified mail or statutory overnight delivery, return receipt requested.
(ii) The return receipt indicating receipt by the defendant, the envelope bearing the official notification from the United States Postal Service of the defendant's refusal to accept delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the defendant's refusal to accept such statutory overnight delivery, or an official written notice from the United States Postal Service of the defendant's refusal to accept delivery of such registered or certified mail shall be filed with the clerk of the court in which the garnishment is pending. (iii) The defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall be deemed notice to such defendant; (B)(i) To be delivered personally to the defendant by:
(I) An individual who is not a party and is not younger than 18 years of age;

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(II) An individual who has been appointed by the court to serve process or is a permanent process server; (III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy; (IV) The marshal or sheriff of the court or by such official's deputy; (V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or (VI) A certified process server as provided in Code Section 9-11-4.1. (ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or (C) To be sent to the defendant by regular mail at the address at which the defendant was served as shown on the return of service in the action resulting in the judgment when it shall appear by affidavit to the satisfaction of the clerk of the court that the defendant resides out of this state, has departed this state, cannot, after due diligence, be found within this state, or has concealed his or her place of residence from the plaintiff. A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice. (2) The methods of notification specified in this subsection shall be cumulative and may be used in any sequence or combination. When it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized; for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method. (3) No money or other property paid or delivered to the court by the garnishee shall be distributed nor shall any judgment be rendered against the garnishee until: (A) Ten days have elapsed from the date of compliance with at least one method of notification provided by this subsection; and (B) If a garnishee answer was filed: (i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or (ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated.

18-4-9. (a) Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated. (b) No new summons of garnishment on the same affidavit of garnishment shall be issued after two years from the date of the original filing of such affidavit. The garnishment proceeding based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days.

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18-4-10. (a) The summons of garnishment shall state that if the garnishee fails to file a garnishee's answer to such summons in a timely manner, a judgment by default shall be entered against the garnishee for the amount remaining due on a judgment as shown in the plaintiff's affidavit of garnishment. (b) The summons of garnishment shall be directed to the garnishee, commanding the garnishee to respond and state what money or other property is subject to garnishment. Except as provided in subsection (c) of this Code section and Articles 2 and 3 of this chapter, the garnishee's answer shall be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after service of the summons, and the money or other property subject to garnishment shall be paid to or delivered to the court concurrently with such garnishee's answer. (c) When the garnishee is a financial institution and the garnishment is not a continuing garnishment or continuing garnishment for support, such garnishee's answer shall be filed with the court issuing the summons of garnishment not sooner than five days and not later than 15 days after the date of service of the summons, and the money or other property subject to garnishment shall be paid to or delivered to the court concurrently with such garnishee's answer. If the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution, then the garnishee may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 15 days after the date of service of the summons.

18-4-11. (a) Within the time prescribed by Code Section 18-4-10, the garnishee shall file a garnishee answer. Along with the garnishee's answer, the garnishee shall pay or deliver to the court the money or other property admitted in the garnishee's answer to be subject to garnishment. (b) If in responding to the summons of garnishment the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall respond to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall restrict access to any contents of such safe-deposit box until the earlier of:
(1) Further order of such court regarding the disposition of the contents of such safe-deposit box; or (2) The elapsing of 120 days from the date of filing of the garnishee answer unless such time has been extended by the court. (c) If the garnishee has been served with a summons in more than one garnishment case involving the same defendant, the garnishee shall state in each garnishee answer that the money or other property is being paid or delivered to a specifically named court subject to

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the demands of other cases and shall give the numbers of all such cases in each garnishee answer. (d) If the garnishee is unable to respond with the specific information required by this Code section, the garnishee's inability shall be stated in the garnishee's answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court to give judgment thereon. (e) The form for a garnishee answer is set forth in Code Section 18-4-84, and the form for a financial institution garnishee answer is set forth in Code Section 18-4-85.

18-4-12. (a) When a garnishment proceeding is filed in a court under any provision of this chapter involving an entity as garnishee, the execution and filing of a garnishee answer may be done by an entity's authorized officer or employee and shall not constitute the practice of law. If a claim or traverse is filed to such entity's garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings. (b) An entity's payment into court of any money or other property of the defendant, or money or other property which is admitted to be subject to garnishment, may be done by an entity's authorized officer or employee and shall not constitute the practice of law.

18-4-13. (a) All garnishee answers shall, concurrently with filing, be served by the garnishee upon the plaintiff or the plaintiff's attorney and the defendant or the defendant's attorney.
(b)(1) Service of the garnishee's answer upon the plaintiff shall be shown by the: (A) Written acknowledgment of the plaintiff or the plaintiff's attorney; or (B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney.
(2) No service upon the plaintiff shall be required unless the name and address of the plaintiff or the plaintiff's attorney shall legibly appear on the face of the summons of garnishment. (3) If the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 20 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the garnishee's answer. (c)(1) Service of the garnishee's answer upon the defendant shall be shown by the:
(A) Written acknowledgment of the defendant or the defendant's attorney; or (B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the:
(i) Defendant's attorney; or (ii) Defendant at the last address known to the garnishee.

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(2) No service upon the defendant shall be required by a financial institution garnishee if the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution. (d) The garnishee shall provide the defendant, by regular mail at the defendant's last address known to the garnishee, with the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property and the Defendant's Claim Form that it received from the plaintiff as set forth in subsection (a) of Code Section 18-4-8.

18-4-14. (a) The garnishee shall be entitled to the garnishee's actual reasonable expenses, including attorney's fees, in preparing and filing a garnishee's answer. The amount of expenses incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases. The garnishee may deduct $50.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $100.00, as reasonable attorney's fees or expenses. (b) If the garnishee can show that the garnishee's actual attorney's fees or expenses exceed the amount provided for in subsection (a) of this Code section, the garnishee shall petition the court for a hearing at the time of filing the garnishee's answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for payment of actual attorney's fees or expenses proven by the garnishee to have been incurred reasonably in preparing and filing the garnishee's answer. (c) In the event the garnishee makes the deduction permitted in subsection (a) of this Code section but the costs are later cast upon the garnishee, the garnishee shall forthwith refund to the defendant the funds deducted; if the costs are later cast against the plaintiff, the court shall enter judgment in favor of the defendant and against the plaintiff for the amount of the deductions made by the garnishee. (d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided in Code Section 7-1-237.

18-4-15. (a) A garnishment proceeding is an action between the plaintiff and garnishee; provided, however, that at any time before a judgment is entered or before money or other property subject to garnishment is distributed, the defendant may become a party to the garnishment by filing a claim with the clerk of court and may use the form set forth in Code Section 18-4-82. A defendant's claim shall assert the basis upon which he or she claims that his or her money or other property is exempt from garnishment. Money or other property may be exempt from garnishment for a variety of reasons, including, but not limited to, the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53, exemptions as provided in Code Section 18-4-6, the plaintiff not having a judgment against the defendant, the amount claimed due by the plaintiff being erroneous, such money or

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other property being subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, or other legal or statutory defenses. Even when earnings are held at a financial institution, such money may be exempt from garnishment due to the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53, exemptions as provided in Code Section 18-4-6, or other reasons. (b) The defendant shall serve a copy of his or her claim upon the plaintiff and garnishee. The clerk of court shall transmit a copy of the defendant's claim to the plaintiff and garnishee. If the defendant's claim alleges that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the defendant shall serve a copy of his or her claim upon the third party named in such claim. (c) The defendant shall become a party to all proceedings by filing a claim pursuant to this Code section. (d) Upon the filing of the defendant's claim, a judge of the court in which the garnishment is pending shall order a hearing to be held not more than ten days from the date the claim is filed. The form for the order for such hearing is set forth in Code Section 18-4-83. Such hearing shall be available to the defendant as a matter of right after filing his or her claim, and no further summons of garnishment shall issue nor shall any money or other property paid or delivered to the court as subject to garnishment be disbursed until the hearing shall be held. (e) The validity of the judgment upon which a garnishment is based shall only be challenged in accordance with Chapter 11 of Title 9, and no such challenge shall be entertained in the garnishment case. However, when the court finds that the defendant has attacked the validity of the judgment upon which the garnishment is based in an appropriate forum, the judge may order the garnishment be stayed until the validity of the judgment has been determined in such forum. (f) The filing of a claim by the defendant shall not relieve the garnishee of the duties of filing a garnishee answer, of withholding money or other property subject to garnishment, or of paying or delivering to the court any money or other property subject to garnishment. (g) A party's failure to include the civil action file number on a defendant's claim shall not affect the validity of such claim.

18-4-16. Within 20 days after the plaintiff has been served with the garnishee's answer, the plaintiff may file a traverse stating that the garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee's answer. The form for a plaintiff's traverse is set forth in Code Section 18-4-87.

18-4-17. At any time before judgment is entered on the garnishee's answer or money or other property subject to garnishment is distributed, any person may file a third-party claim in

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writing under oath stating that he or she has a claim superior to that of the plaintiff to the money or other property in the hands of the garnishee subject to the process of garnishment, and the third-party claimant shall be a party to all further proceedings upon the garnishment. A third-party claimant shall serve his or her claim upon the plaintiff, defendant, and garnishee. The form for a third-party claim is set forth in Code Section 18-4-88.

18-4-18. When money or other property in court is subject to a third-party claim or to more than one garnishment case, the party with the oldest entered judgment shall have priority to such money or other property and any interested party to any one of the garnishment cases may make a motion to the court where such money or other property has been deposited for the distribution of such money or other property. Each party of interest in each case and the clerk of court shall be served with a copy of the motion. Upon hearing the motion, the court shall enter an order directing that the clerk be paid the court cost of each garnishment proceeding first, and all remaining money or other property shall be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.

18-4-19. (a) After the garnishee's answer is filed, the defendant's claim shall be tried first, the plaintiff's traverse shall be tried second, and third-party claims shall be tried last; provided, however, that the court shall retain the money or other property subject to garnishment until the completion of the trial of all claims and traverses which are filed under this chapter. The court may consolidate or bifurcate such actions for trial in the court's discretion. (b) If a claim or traverse has been filed, all parties of record may introduce evidence to establish their respective interests in the money or other property in court, and the court shall direct that such money or other property be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens. (c) When the defendant prevails upon the trial of his or her claim:
(1) That the plaintiff does not have a judgment against the defendant or that the plaintiff's affidavit of garnishment is untrue or is legally insufficient, the garnishment case shall be dismissed by the court, and any money or other property belonging to the defendant in the possession of the court shall be restored to the defendant unless another claim or traverse thereto has been filed; (2) That the amount shown to be due on the plaintiff's affidavit of garnishment is incorrect, the court may allow the summons of garnishment to be amended to the amount proven to be owed, and if such amount is less than the amount shown to be due by the plaintiff, any money or other property belonging to the defendant in the possession of the court in excess of the amount due shall be restored to the defendant unless another claim or traverse thereto has been filed;

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(3) That the money or other property belonging to the defendant in the possession of the court is exempt from garnishment, such exempt money or other property shall be restored directly to the defendant. The court shall order such restoration within 48 hours; and (4) Based on any legal or statutory defense or that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the court shall determine the disposition of the money or other property belonging to the defendant in the possession of the court. (d) On the trial of the plaintiff's traverse, if the court finds the garnishee has failed to respond properly to the summons of garnishment, the court shall disallow any expenses demanded by the garnishee and shall enter a judgment for any money or other property paid or delivered to the court with the garnishee's answer, plus any money or other property the court finds subject to garnishment which the garnishee has failed to pay or deliver to the court; provided, however, that the total amount of such judgment shall not exceed the amount shown to be due by the plaintiff, together with the costs of the garnishment proceeding.

18-4-20. When no claim has been filed and no traverse has been filed within 20 days after the garnishee's answer is filed:
(1) If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff's attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered; (2) If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiff's attorney upon application; or (3) If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be entered for the plaintiff and against the garnishee for such money or other property and execution shall issue on the judgment.

18-4-21. Except as provided in Code Section 18-4-22, when a garnishee fails or refuses to file a garnishee answer by the forty-fifth day after service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount

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remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of garnishment.

18-4-22. When a garnishee is a financial institution and fails or refuses to file a garnishee answer by the fifteenth day after the date of service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of garnishment.

18-4-23. (a) A garnishee may be relieved from liability for failure to file a garnishee answer if the plaintiff failed to provide the information required by paragraph (2) of subsection (b) of Code Section 18-4-7 that would reasonably enable the garnishee to respond properly to the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determining whether a garnishee may be relieved of liability, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7 with the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which such garnishee is located. (b) A garnishee and a plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property reasonably believed to be that of the defendant if such attachment, freezing, payment, or delivery is reasonably required by a good faith effort to comply with the summons of garnishment. In determining whether such compliance by a garnishee is reasonable, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7 with the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which such garnishee is located.
(c)(1) As used in this subsection, the term: (A) 'Association account' means any account or safe-deposit box or similar property maintained by a corporation, statutory close corporation, limited liability company, partnership, limited partnership, limited liability partnership, foundation, trust, national,

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state, or local government or quasi-government entity, or other incorporated or unincorporated association. (B) 'Fiduciary account' means any account or safe-deposit box maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, such term shall include any trust account as defined in Code Section 7-1-810, any account created pursuant to a transfer governed by Code Section 44-5-119, and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority. (2)(A) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association account, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose. (B) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment if such fiduciary account specifically is exempted from garnishment as set forth in Code Section 18-4-6. (C) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of the fiduciary account or the summons of garnishment alleges that the fiduciary account is being used by the defendant for an improper or unlawful purpose.

18-4-24. (a) When a default judgment is rendered against a garnishee under Code Section 18-4-21, 18-4-22, or 18-4-43, the plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a copy of such default judgment. On a motion filed not later than 90 days from the date the garnishee was served with such default judgment, the garnishee may, upon payment of all accrued costs of court, have such default judgment modified so that the amount of such default judgment shall be reduced to an amount equal to the greater of $50.00 or $50.00 plus 100 percent of the amount by which the garnishee was indebted to the defendant from the time of service of the summons of garnishment through and including the last day on which a timely garnishee answer could have been made for all money or other property belonging to the defendant which came into the garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made and less any exemption allowed the defendant.

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(b) On the trial of a motion to modify a default judgment, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that such motion was not filed within the time provided for by this Code section.

18-4-25. (a) A release of a summons of garnishment:
(1) Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee's possession belonging to the defendant; and (2) Shall not operate as a dismissal of the garnishment proceeding. (b) It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if: (1) The plaintiff or the plaintiff's attorney requests a release in writing; (2) The amount shown to be due on the plaintiff's affidavit of garnishment together with the costs of the garnishment proceeding are paid into court; (3) A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or (4) The garnishment is dismissed. (c) The form for a release of garnishment is set forth in Code Section 18-4-89.

18-4-26. (a) Money due officials or employees of a municipal corporation or county of this state or of the state government, or any department or institution thereof, as salary for services performed for or on behalf of the municipal corporation or county of this state or the state, or any department or institution thereof, shall be subject to garnishment, except that in no event shall the officials' or employees' salary for services performed for or on behalf of any municipal corporation or county of this state or the state, or any department or institution thereof, be garnisheed when the judgment serving as a basis for the issuance of the summons of garnishment arises out of the liability incurred in the scope of the officials' or employees' governmental employment while responding to an emergency. In such cases, the summons of garnishment shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary due, or upon the chief administrative officer of the political subdivision, department, agency, or instrumentality; and such entity shall be required to respond to such summons in accordance with the mandate thereof and as provided by this chapter. (b) For purposes of this Code section only, the state and its political subdivisions, departments, agencies, and instrumentalities shall be deemed private persons; and jurisdiction for the purpose of issuing a summons of garnishment shall be restricted to a court located in the county in which the warrant is drawn on the treasury of the government

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or in which the check is issued for the salary due the official or employee of the state or its political subdivisions, departments, agencies, or instrumentalities.

ARTICLE 2

18-4-40. (a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the 'Uniform Foreign-Country Money Judgments Recognition Act,' or Article 6 of Chapter 12 of Title 9, the 'Uniform Enforcement of Foreign Judgments Law,' a plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of the defendant against whom the judgment has been obtained. (b) Unless otherwise specifically provided in this article, Article 1 of this chapter shall apply to this article.

18-4-41. (a) In addition to the information required by subsection (a) of Code Section 18-4-3, an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of the defendant and subject to continuing garnishment. (b) Only one summons of continuing garnishment shall issue on one affidavit of continuing garnishment. (c) The plaintiff shall serve a summons of continuing garnishment and provide notice of exemptions in the same manner as provided for in Code Section 18-4-8. (d) The form for an affidavit of continuing garnishment is set forth in Code Section 18-4-72. The form for a summons of continuing garnishment is set forth in Code Section 18-4-78, and the optional attachment thereto is set forth in Code Section 18-4-79.

18-4-42. (a) As used in this Code section, the term 'previous garnishee answer date' means the date upon which the immediately preceding garnishee answer was filed. (b) If the garnishee owes the defendant any sum for wages earned as the garnishee's employee, the garnishee answer shall state specifically when the wages were earned by the defendant, whether the wages were earned on a daily, weekly, or monthly basis, the rate of pay and hours worked, and the basis for computation of earnings. (c) The summons of continuing garnishment shall be directed to the garnishee, commanding the garnishee:
(1) To file a first garnishee answer with the court issuing such summons not sooner than 30 days and not later than 45 days after service of the summons of continuing garnishment, for the period of time from the date of service through and including the day of the first garnishee answer;

GEORGIA LAWS 2016 SESSION

25

(2) To file subsequent garnishee answers with such court for the remaining period covered by the summons of continuing garnishment; and (3) To accompany all such garnishee answers with any money subject to continuing garnishment. (d)(1) Subsequent garnishee answers shall be filed not later than 45 days after the previous garnishee answer date stating what money of the defendant is subject to continuing garnishment from the previous garnishee answer date through and including the date on which the next garnishee answer is filed. (2) Subsequent garnishee answers shall not be required on a summons of continuing garnishment if the preceding garnishee answer filed states what money of the defendant is subject to continuing garnishment from the previous garnishee answer date to and including the one hundred seventy-ninth day after service of the summons of continuing garnishment. (3) Notwithstanding the other provisions of this subsection, the last garnishee answer shall be filed not later than the one hundred ninety-fifth day after service of the summons of continuing garnishment. (e) The summons of continuing garnishment shall state that if the garnishee fails to file a garnishee's answer to such summons in a timely manner, a judgment by default shall be entered against the garnishee for the amount remaining due on a judgment as shown in the plaintiff's affidavit of continuing garnishment. (f)(1) If the employment relationship between the garnishee and the defendant does not exist at the time of service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship does not exist and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment. (2) When the defendant has been an employee of the garnishee, and if the defendant is no longer employed by the garnishee, the garnishee may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment. (3) If the employment relationship between the garnishee and the defendant terminates on or after service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship has been terminated, giving the date of termination, and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment. (4) Upon the termination of employment of the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant's termination. (g) When a garnishee answer is made pursuant to subsection (f) of this Code section, no claim has been filed, and no traverse has been filed within 20 days after such garnishee answer is filed, the garnishee shall be discharged from further liability and obligation in the

26

GENERAL ACTS AND RESOLUTIONS, VOL. I

same manner as set forth under Code Section 18-4-20 for that summons with respect to the period of continuing garnishment remaining after the employment relationship is terminated. (h) The form for a garnishee's answer to a continuing garnishment is set forth in Code Section 18-4-86.

18-4-43. (a) When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default. The default may be opened as provided in Code Section 18-4-21. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of continuing garnishment. (b) A garnishee may obtain relief from a default judgment upon the same conditions as provided in Code Section 18-4-24.

ARTICLE 3

18-4-50. As used in this article, the term:
(1) 'Earnings' shall have the same meaning as set forth in Code Section 18-4-1 and shall include disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act, disability benefits that are received pursuant to the federal Veterans' Benefits Act of 2010, 38 U.S.C. Section 101, et seq., workers' compensation benefits, whether temporary or permanent, and unemployment insurance benefits. (2) 'Judgment' means an order for periodic support obtained:
(A) In a court of this state; (B) In a court of another state which has been registered pursuant to Code Section 19-11-77 under the 'Uniform Reciprocal Enforcement of Support Act' or as provided in Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act,' or Article 6 of Chapter 12 of Title 9, the 'Uniform Enforcement of Foreign Judgments Law'; (C) By a final administrative order for support issued by the Department of Human Services; or (D) By a final administrative order issued by a governmental agency of another state. (3) 'Periodic support' means money required to be paid regularly on a daily, weekly, monthly, or other similar specified frequency for the support of a minor child of the defendant or a spouse or former spouse of the defendant.

GEORGIA LAWS 2016 SESSION

27

18-4-51. (a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a judgment was obtained or is being enforced, a plaintiff shall be entitled to the process of continuing garnishment for support against any garnishee who is an employer of the defendant against whom the judgment has been obtained. (b) Unless otherwise specifically provided in this article, Articles 1 and 2 of this chapter shall apply to this article.

18-4-52. (a) In addition to the information required by subsection (a) of Code Sections 18-4-3 and 18-4-41, the plaintiff shall attach a certified copy of the judgment to be enforced to the affidavit of continuing garnishment for support and shall state the following in such affidavit:
(1) That the defendant is in arrears on the obligation of support in an amount equal to or in excess of one month's obligation as decreed in such judgment; (2) The amount of arrearage which exists under such judgment as of the date of the execution of the affidavit; (3) The amount of support due under the judgment for each obligee named therein, taking into account the possible attainment of majority or emancipation or death of any minor child named in such judgment; and (4) The date of the termination of the obligation of support of each obligee named in the judgment, based upon the terms of such judgment, or, as to any obligee who is a minor child, the date each such obligee shall attain the age of 18 years. (b) Such affidavit may be amended from time to time by subsequent affidavits of any party showing a modification or other amendment to the original judgment being enforced. Such amended or subsequent affidavits shall include a certified copy of any such modification or amendment and shall contain the information required by paragraphs (1) through (4) of subsection (a) of this Code section. (c) The plaintiff shall serve the summons of continuing garnishment for support and provide notice of exemptions in the same manner as provided for in Code Section 18-4-8. (d) The form for an affidavit of continuing garnishment for support is set forth in Code Section 18-4-73.

18-4-53. (a) A summons of continuing garnishment for support shall contain a notice to the garnishee that such garnishment is based on a judgment governed by this article. The form for a summons of continuing garnishment for support is set forth in Code Section 18-4-80, and the optional attachment thereto is set forth in Code Section 18-4-81. (b) Subject to the limitations set forth in Code Section 18-4-6, the maximum part of disposable earnings for any work week which shall be subject to continuing garnishment for support shall not exceed 50 percent of the defendant's disposable earnings for that week.

28

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) Funds or benefits from an individual retirement account or from a pension or retirement program shall not be exempt from the process of continuing garnishment for support except as provided in subsection (b) of this Code section for other disposable earnings, unless a greater exemption is otherwise provided by law.

18-4-54. (a) The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the support payment required to be paid on a periodic basis that has accrued on a daily basis, by converting the periodic amount to an annual amount and dividing by 365, from the date of the plaintiff's affidavit of continuing garnishment for support to the date of the initial garnishee answer. All sums in excess of such payment shall be applied to the original arrearage. As used in this subsection, the term 'original arrearage' means the sum of arrears existing as of the date of the making of the plaintiff's affidavit of continuing garnishment for support, plus any amounts includable pursuant to subsection (c) of this Code section. (b) If the amount claimed as original arrearage as of the date of the making of the plaintiff's affidavit of continuing garnishment for support is not satisfied by the money payable into court under the initial garnishee answer, after application of the funds as set forth in subsection (a) of this Code section, the garnishee shall file further garnishee answers no later than 45 days after the previous garnishee answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such period. The amounts paid into court pursuant to subsequent garnishee answers, over and above the periodic payment accruing within such period, shall be applied to the original arrearage until the same is retired. (c) If the money paid into court pursuant to any garnishee answer is less than the sums due under the support requirement accruing over the same period of time, after allowance for any costs deductible from same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments. (d) The garnishee shall file additional garnishee answers until the original arrearage is retired and all support payments are current. (e) Upon the termination of employment of the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant's termination.

18-4-55. The continuing garnishment for support described in this article shall attach for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired and all support payments are current. The garnishee may rely upon the information as to the termination date of the duty of support of any individual claimed in the affidavit of continuing garnishment for support, the amount of the duty of support to be paid, any sums paid by the defendant between the date of the filing of such affidavit and

GEORGIA LAWS 2016 SESSION

29

the date of the initial garnishee answer, and the amount of the original arrearage existing as of the date of such affidavit, unless the defendant files a claim against such affidavit or the garnishee's answer and the court enters any finding otherwise.

ARTICLE 4

18-4-70. (a) For the purpose of this chapter, the forms contained in this article shall be required to be used; provided, however, that a party may use its own format so long as it contains all of the information in the form. A defendant may use the form provided in Code Section 18-4-82 to file a claim or may use the defendant's own pleading. When a case involves more than one plaintiff or defendant or necessitates the inclusion of additional information, the form may be expanded to allow for the information pertaining to all parties and such additional information to be displayed. (b) The certificates of service provided within the forms in this article are included as examples. A party may modify a certificate of service in accordance with the circumstances of the case, including, but not limited to, transmission by e-mail as provided in subsection (b) of Code Section 9-11-5 or by court rule. (c) A court may combine multiple forms.

18-4-71.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No. _______________

Street Address

)

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

30

GENERAL ACTS AND RESOLUTIONS, VOL. I

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

AFFIDAVIT OF GARNISHMENT

G Check this box if the Garnishee is a financial institution.

G Check this box if garnishment is for the collection of child support or alimony. See O.C.G.A. 18-4-50, et seq.

Personally appeared ______________________________, who on oath says: (Print name)
1. I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle one] 2. The Plaintiff obtained a judgment against the Defendant in Case Number_________ in the _______________ Court of ______________ County, ____________________,
State and no agreement requires forbearance from the garnishment which is applied for currently. 3. $________________ is the balance due, which consists of the sum of $__________ Principal, $____________ Postjudgment interest, and $____________ Other (e.g., prejudgment interest, attorney's fees, costs [exclusive of the cost of this action]). 4. Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid.

GEORGIA LAWS 2016 SESSION

31

This __________ day of ____________________, 20____.

____________________ Affiant
____________________ Print name of Affiant

Sworn to and subscribed before me this _________ day of ___________________________________, 20____. ____________________________________________ Notary Public or Deputy Clerk of Court'

18-4-72.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No. _______________

Street Address

)

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

32

GENERAL ACTS AND RESOLUTIONS, VOL. I

______________________________ )

City

State

ZIP Code )

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

AFFIDAVIT OF CONTINUING GARNISHMENT

DO NOT USE THIS FORM FOR A CONTINUING GARNISHMENT FOR CHILD SUPPORT OR ALIMONY. SEE O.C.G.A. 18-4-73.

Personally appeared ______________________________, who on oath says: (Print name)
1. I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle one] 2. The Plaintiff obtained a judgment against the Defendant in Case Number ________ in the _______________ Court of ______________ County, ____________________,
State and no agreement requires forbearance from the garnishment which is applied for currently. 3. $________________ is the balance due, which consists of the sum of $__________ Principal, $____________ Postjudgment interest, and $____________ Other (e.g., prejudgment interest, attorney's fees, costs [exclusive of the cost of this action]). 4. Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid. 5. The Affiant believes that the Garnishee is an employer of the Defendant.

This __________ day of ____________________, 20____.

__________________ Affiant
__________________ Print name of Affiant

Sworn to and subscribed before me this _________ day of ___________________________________, 20____.

GEORGIA LAWS 2016 SESSION

33

____________________________________________ Notary Public or Deputy Clerk of Court'

18-4-73.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No. _______________

Street Address

)

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

34

GENERAL ACTS AND RESOLUTIONS, VOL. I

______________________________ )

City

State

ZIP Code )

AFFIDAVIT OF CONTINUING GARNISHMENT FOR SUPPORT

Personally appeared ______________________________, who on oath says:

(Print name)

1. I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle one]

2. The Plaintiff obtained a judgment against the Defendant in Case Number ________

in the _______________ Court of ______________ County, ____________________,

State

and no agreement requires forbearance from the garnishment which is applied for

currently.

3. The Affiant states that the Defendant is in arrears on the obligation for support in an

amount equal to or in excess of one month's obligation as decreed in the judgment for

support and provides the following information:

$___________ is the amount of arrearage which exists under the judgment as of the

execution of this affidavit.

Check one of the boxes below and complete the requested information:

A. G Periodic support is owed for one obligee, or the judgment sets forth a total

amount of periodic support for multiple obligees as follows:

$ ___________ is the total amount of periodic support due for ________________,

Name of obligee

_________________________, and __________________________. Such periodic

Name of obligee

Name of obligee

support is payable on a _____________________ basis.

E.g., weekly, monthly

The termination date of the obligation for periodic support is __________________.

Date

B. G Periodic support is owed for multiple obligees, and the judgment sets forth a

different amount of periodic support for each obligee as follows:

$ __________ is the total amount of periodic support due for _________________,

Name of obligee

payable on a __________________________ basis, and the termination date of such

E.g., weekly, monthly

obligation is _________________________.

Date

$ __________ is the total amount of periodic support due for _________________,

Name of obligee

payable on a __________________________ basis, and the termination date of such

E.g., weekly, monthly

GEORGIA LAWS 2016 SESSION

35

obligation is _________________________. Date

$ __________ is the total amount of periodic support due for _________________, Name of obligee
payable on a __________________________ basis, and the termination date of such E.g., weekly, monthly
obligation is _________________________. Date
4. G Check this box and attach a certified copy of the judgment for support hereto. 5. Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid. 6. The Affiant believes that the Garnishee is an employer of the Defendant.

This __________ day of ____________________, 20____.

___________________ Affiant
___________________ Print name of Affiant

Sworn to and subscribed before me this _________ day of ___________________________________, 20____. ____________________________________________ Notary Public or Deputy Clerk of Court'

18-4-74.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No. _______________

Street Address

)

______________________________ )

City

State

ZIP Code )

36

GENERAL ACTS AND RESOLUTIONS, VOL. I

______________________________ E-mail Address ______________________________ Phone Number ______________________________ Bar Number

v.

Defendant:

______________________________

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

Garnishee:

______________________________

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

)

)

)

)

)

)

)

)

)

) Garnishment Court information:

) ______________________________

) Street Address

) _____________, Georgia _________

) City

ZIP Code

) ______________________________

) Phone Number

)

)

)

)

)

)

)

)

SUMMONS OF GARNISHMENT

G Check this box if this is a garnishment for child support or alimony. If this is intended to be a continuing garnishment for support, use the form set forth in O.C.G.A. 18-4-80.

TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff. . . . . . . . . . . . . . . . . . $________________ Plus court costs due on this summons. . . . . . . . . . . . . . . . . . . . . $________________ Total garnishment claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $________________

COURT OF JUDGMENT _______________________________________________ JUDGMENT CASE NO. ________________________________________________

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit

GEORGIA LAWS 2016 SESSION

37

boxes or similar property that you hold, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 29 days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than 30 days and not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold beginning on the day of service of this summons and including the next 29 days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be paid or delivered to the Court concurrently with your answer.

If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner.

Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Garnishment.

WITNESS, the Honorable ________________________, Judge of said Court. This ____ day of ________________________________, 20______.

________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'

18-4-75.

'IN THE ____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

38

GENERAL ACTS AND RESOLUTIONS, VOL. I

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

ATTACHMENT FOR SUMMONS OF GARNISHMENT

Other known names of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Current and past addresses of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

Social security number or federal tax identification number of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

THIS PLEADING SHALL NOT BE FILED WITH THE COURT'

18-4-76.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No. _______________

Street Address

)

GEORGIA LAWS 2016 SESSION

39

______________________________

City

State

ZIP Code

______________________________

E-mail Address

______________________________

Phone Number

______________________________

Bar Number

v.

Defendant:

______________________________

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

Garnishee:

______________________________

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

)

)

)

)

)

)

)

)

)

)

)

) Garnishment Court information:

) ______________________________

) Street Address

) _____________, Georgia _________

) City

ZIP Code

) ______________________________

) Phone Number

)

)

)

)

)

)

)

)

SUMMONS OF GARNISHMENT ON A FINANCIAL INSTITUTION

DO NOT USE THIS FORM IF THIS IS A CONTINUING GARNISHMENT (SEE O.C.G.A. 18-4-72 and 18-4-78) OR CONTINUING GARNISHMENT FOR
CHILD SUPPORT OR ALIMONY (SEE O.C.G.A. 18-4-73 and 18-4-80).

G Check this box if other allegations are made against a nonjudgment Defendant pursuant to O.C.G.A. 18-4-23.

G Check this box if this is a garnishment for child support or alimony.

TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff. . . . . . . . . . . . . . . . . . $________________ Plus court costs due on this summons. . . . . . . . . . . . . . . . . . . . . $________________

40

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total garnishment claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $________________

COURT OF JUDGMENT ________________________________________________ JUDGMENT CASE NO. _________________________________________________

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant named above beginning on the day of service of this summons and including the next five days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than five days and not later than 15 days after the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant you hold beginning on the day of service of this summons and including the next five days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be paid or delivered to the Court concurrently with your answer.

If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner.

Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on the judgment as shown in the Plaintiff's Affidavit of Garnishment.

WITNESS, the Honorable ________________________, Judge of said Court. This ____ day of ________________________________, 20______.

________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'

GEORGIA LAWS 2016 SESSION

41

18-4-77.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

ATTACHMENT FOR SUMMONS OF GARNISHMENT ON A FINANCIAL INSTITUTION

Other known names of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Current and past addresses of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Social security number or federal tax identification number of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Account or identification numbers of accounts of the Defendant used by the Garnishee: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Other allegations pursuant to O.C.G.A. 18-4-23: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

THIS PLEADING SHALL NOT BE FILED WITH THE COURT'

42

GENERAL ACTS AND RESOLUTIONS, VOL. I

18-4-78.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No. _______________

Street Address

)

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

) Garnishment Court information:

______________________________ ) ______________________________

Name

) Street Address

______________________________ ) _____________, Georgia _________

Street Address

) City

ZIP Code

______________________________ ) ______________________________

City

State

ZIP Code ) Phone Number

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

GEORGIA LAWS 2016 SESSION

43

SUMMONS OF CONTINUING GARNISHMENT

TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff. . . . . . . . . . . . . . . . . . $________________ Plus court costs due on this summons. . . . . . . . . . . . . . . . . . . . . $________________ Total garnishment claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $________________

COURT OF JUDGMENT ________________________________________________ JUDGMENT CASE NO. _________________________________________________

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 179 days. You are FURTHER COMMANDED to file your answer, in writing, not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the 195th day after you receive this summons. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be paid or delivered to the Court concurrently with each answer.

Should you fail to file Garnishee Answers as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Continuing Garnishment.

WITNESS, the Honorable ________________________, Judge of said Court. This ____ day of ________________________________, 20______.

________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'

44

GENERAL ACTS AND RESOLUTIONS, VOL. I

18-4-79.

'IN THE ____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT

Other known names of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Current and past addresses of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Social security number or federal tax identification number of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

THIS PLEADING SHALL NOT BE FILED WITH THE COURT'

18-4-80.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

GEORGIA LAWS 2016 SESSION

45

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No. _______________

Street Address

)

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

) Garnishment Court information:

______________________________ ) ______________________________

Name

) Street Address

______________________________ ) _____________, Georgia _________

Street Address

) City

ZIP Code

______________________________ ) ______________________________

City

State

ZIP Code ) Phone Number

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT GOVERNED BY ARTICLE 3 OF CHAPTER 4 OF TITLE 18

TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff. . . . . . . . . . . . . . . . . . $________________ Plus court costs due on this summons. . . . . . . . . . . . . . . . . . . . . $________________ Total garnishment claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $________________

COURT OF JUDGMENT ________________________________________________

46

GENERAL ACTS AND RESOLUTIONS, VOL. I

JUDGMENT CASE NO. _________________________________________________

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons until the original arrearage is retired and all periodic support payments are current or until the termination of the garnishment. You are FURTHER COMMANDED to file your answer, in writing, not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. YOU MUST FILE ADDITIONAL ANSWERS UNTIL THE ORIGINAL ARREARAGE IS RETIRED AND ALL PERIODIC SUPPORT PAYMENTS ARE CURRENT. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be paid or delivered to the Court concurrently with each answer. The Plaintiff and the Defendant are required by law to serve you with a copy of any amendment or modification to the original judgment.

Should you fail to file Garnishee Answers as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Continuing Garnishment.

WITNESS, the Honorable ________________________, Judge of said Court. This ____ day of ________________________________, 20______.

________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'

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18-4-81.

'IN THE ____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT

Other known names of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Current and past addresses of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Social security number or federal tax identification number of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

THIS PLEADING SHALL NOT BE FILED WITH THE COURT'

18-4-82.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

48

GENERAL ACTS AND RESOLUTIONS, VOL. I

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No. _______________

Street Address

)

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF MONEY, INCLUDING WAGES, AND OTHER PROPERTY

You received this notice because money, including wages, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY, INCLUDING WAGES, OR OTHER PROPERTY. READ THIS NOTICE CAREFULLY.

GEORGIA LAWS 2016 SESSION

49

State and federal law protects some money, including wages, from garnishment even if it is in a bank. Some common exemptions are benefits from social security, supplemental security income, unemployment, workers' compensation, the Veterans' Administration, state pension, retirement funds, and disability income. This list of exemptions does not include all possible exemptions. A more detailed list of exemptions is available at the Clerk of Court's office located at ________________________ (Name of Court), _________________________ (Address), _________________________ (City), Georgia _________ (ZIP Code), and on the website for the Attorney General (www.law.ga.gov).

Garnishment of your earnings from your employment is limited to the lesser of 25 percent of your disposable earnings for a week or the amount by which your disposable earnings for a week exceed $217.00. More than 25 percent of your disposable earnings may be taken from your earnings for the payment of child support or alimony or if a Chapter 13 bankruptcy allows a higher amount.

TO PROTECT YOUR MONEY, INCLUDING WAGES, AND OTHER PROPERTY FROM BEING GARNISHED, YOU MUST:
1. Complete the Defendant's Claim Form as set forth below; and 2. File this completed claim form with the Clerk of Court's office located at _____________________ (Name of Court), ____________________ (Address), ________________________ (City), Georgia _________ (ZIP Code).

FILE YOUR COMPLETED CLAIM FORM AS SOON AS POSSIBLE. You may lose your right to claim an exemption if you do not file your claim form within 20 days after the Garnishee's Answer is filed or if you do not mail or deliver a copy of your completed claim form to the Plaintiff and the Garnishee at the addresses listed on this notice.

The Court will schedule a hearing within ten days from when it receives your claim form. The Court will mail you the time and date of the hearing at the address that you provide on your claim form. You may go to the hearing with or without an attorney. You will need to give the Court documents or other proof that your money is exempt.

The Clerk of Court cannot give you legal advice. IF YOU NEED LEGAL ASSISTANCE, YOU SHOULD SEE AN ATTORNEY. If you cannot afford a private attorney, legal services may be available.

50

GENERAL ACTS AND RESOLUTIONS, VOL. I

DEFENDANT'S CLAIM FORM

I CLAIM EXEMPTION from garnishment. Some of my money or property held by the garnishee is exempt because it is: (check all that apply)
G 1. Social security benefits. G 2. Supplemental security income benefits. G 3. Unemployment benefits. G 4. Workers' compensation. G 5. Veterans' benefits. G 6. State pension benefits. G 7. Disability income benefits. G 8. Money that belongs to a joint account holder. G 9. Child support or alimony. G 10. Exempt wages, retirement, or pension benefits. G 11. Other exemptions as provided by law.
Explain: ____________________________________________________________ ____________________________________________________________________

I further state: (check all that apply) G 1. The Plaintiff does not have a judgment against me. G 2. The amount shown due on the Plaintiff's Affidavit of Garnishment is incorrect. G 3. The Plaintiff's Affidavit of Garnishment is untrue or legally insufficient.

Send the notice of the hearing on my claim to me at: Address:______________________________________________________________ Phone Number:_________________________________________________________ E-mail Address:________________________________________________________

The statements made in this claim form are true to the best of my knowledge and belief.

________________________________________________________________, 20____

Defendant's signature

Date

______________________________

Print name of Defendant

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

GEORGIA LAWS 2016 SESSION

51

This ______________day of ________________, 20__.

______________________________ Defendant or Defendant's Attorney'

18-4-83.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

ORDER FOR HEARING ON DEFENDANT'S CLAIM

It is hereby ordered that a hearing be held upon the Defendant's claim before this court on the ______ day of ______________, 20__, at __:__ _. M., and that the Clerk of Court shall transmit a copy of the Defendant's Claim Form and this order to the Plaintiff, the Defendant, and the Garnishee.

This ______________day of ________________, 20__.

________________________________________ Judge,
______________ Court of ____________ County

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

52

GENERAL ACTS AND RESOLUTIONS, VOL. I

This ______________day of ________________, 20__.

_____________________ Deputy Clerk of Court'

18-4-84.

'IN THE ______ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

GARNISHEE ANSWER

1. At the time of service or from the time of service to the time of this Garnishee Answer, the Garnishee had in its possession the following described property of the Defendant:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 2. At the time of service or from the time of service to the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $___________. 3. $ ________ is the amount herewith paid into court. 4. The Garnishee further states: ___________________________________________.

__________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee

GEORGIA LAWS 2016 SESSION

53

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This ______________day of ________________, 20__.

________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee'

18-4-85.

'IN THE ______ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

FINANCIAL INSTITUTION GARNISHEE ANSWER

1. At the time of service of the Summons of Garnishment on a Financial Institution and including the next five days, the Garnishee had in its possession the following described money and property of the Defendant:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 2. $________ is the amount herewith paid into court. 3. G Check this box if the Defendant is not presently an account holder of the Garnishee.

54

GENERAL ACTS AND RESOLUTIONS, VOL. I

4. The Garnishee further states: ___________________________________________.

________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This ______________day of ________________, 20__.

________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee'

18-4-86.

'IN THE ______ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

GARNISHEE ANSWER TO CONTINUING GARNISHMENT

1. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee

GEORGIA LAWS 2016 SESSION

55

Answer, the Garnishee had in the Garnishee's possession the following described property of the Defendant:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 2. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $___________. 3. $___________ of the amount named in paragraph 2 were wages earned at the rate of $____________ per __________ for the period beginning ________________, 20____,
Date through the time of making this Garnishee Answer. The amount of wages which is subject to this garnishment is computed as follows:
$ ________ Gross earnings $ ________ Total social security and withholding tax and other mandatory deductions required by law $ ________ Total disposable earnings $ ________ Amount of wages subject to garnishment. 4. $ ________ is the amount herewith paid into court. 5. G Check this box if the Defendant is not presently employed by the Garnishee. 6. G Check this box if the Defendant was employed by the Garnishee on or after service of the Summons of Continuing Garnishment but was terminated as of _________________, 20____.
Date 7. G Check this box if this is the last Garnishee Answer this Garnishee is required to file to the presently pending Summons of Garnishment in the above-styled case. 8. The Garnishee further states: __________________________________________.

________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

56

GENERAL ACTS AND RESOLUTIONS, VOL. I

This ______________day of ________________, 20__.

________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee'

18-4-87.

'IN THE ____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

PLAINTIFF'S TRAVERSE

Now comes the Plaintiff in the above-styled case and traverses the Garnishee Answer by saying the same is untrue or legally insufficient. The Plaintiff further states: _______________________________________________________________________ _______________________________________________________________________.

_____________________________ Plaintiff or Plaintiff's Attorney

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Defendant and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This ______________day of ________________, 20__.

GEORGIA LAWS 2016 SESSION

57

_________________________________ Plaintiff or Plaintiff's Attorney'

18-4-88.

'IN THE ____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

THIRD-PARTY CLAIM

Personally appeared ______________________________, who on oath says that he or she (Print name)
has a claim superior to that of the Plaintiff to the money or other property in the hands of the Garnishee subject to the process of garnishment. The Affiant further states: (check applicable box and complete the information requested)
G The Affiant obtained a judgment against the Defendant in the ___________ Court of ________________ County, _______________, in Case Number _________________
State on ___________________, and the unpaid balance of such judgment is in the amount of
Date $ ____________________.
or G The basis of the Affiant's claim is __________________________________________ _____________________________________________________________________.

This __________ day of ____________________, 20____.

____________________ Affiant
____________________ Print name of Affiant

58

GENERAL ACTS AND RESOLUTIONS, VOL. I

Sworn to and subscribed before me this _________ day of ___________________________________, 20____. ____________________________________________ Notary Public or Deputy Clerk of Court

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This ______________day of ________________, 20__.

______________________________________________ Third-party Claimant or Third-party Claimant's Attorney'

18-4-89. 'IN THE ___________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

) Civil Action File No._____________

)

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

RELEASE OF GARNISHMENT

To: _____________________ Garnishee

GEORGIA LAWS 2016 SESSION

59

This is to notify you that you have been released from filing a Garnishee Answer to any and all Summons of Garnishment or Summons of Continuing Garnishment pending as of this date in the above-styled case.

This release authorizes you to pay or deliver to the Defendant in garnishment any money or other property in your possession belonging to the Defendant.

This release does not terminate the garnishment proceedings, nor does this release relieve you of any obligation placed on you by the service of a Summons of Garnishment subsequent to this date.

This ______ day of ______________, 20__.

__________________________________ Clerk,
__________ Court of __________ County

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This ______________day of ________________, 20__.

__________________________ Deputy Clerk of Court'"

SECTION 3. Code Section 44-7-50 of the Official Code of Georgia Annotated, relating to demand for possession, is amended by revising subsection (a) as follows:
"(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the

60

GENERAL ACTS AND RESOLUTIONS, VOL. I

clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-3."

SECTION 4. Code Section 53-12-80 of the Official Code of Georgia Annotated, relating to spendthrift provisions, is amended by revising subsection (d) as follows:
"(d) A spendthrift provision shall not be valid as to the following claims against a beneficiary's right to a current distribution to the extent the distribution would be subject to garnishment under Article 1 of Chapter 4 of Title 18 if the distribution were disposable earnings:
(1) Alimony or child support; (2) Taxes or other governmental claims; (3) Tort judgments; (4) Judgments or orders for restitution as a result of a criminal conviction of the beneficiary; or (5) Judgments for necessaries. The ability of a creditor or assignee to reach a beneficiary's interest under this subsection shall not apply to the extent that it would disqualify the trust as a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C)."

SECTION 5. This Act shall become effective 30 days after its approval by the Governor or 30 days after its becoming law without such approval.

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

Approved April 12, 2016.

GEORGIA LAWS 2016 SESSION

61

MOTOR VEHICLES AND TRAFFIC ADD UTILITY SERVICE VEHICLES TO "SPENCER PASS LAW"; PROCEDURE FOR PASSING STATIONARY UTILITY VEHICLES.

No. 326 (House Bill No. 767).

AN ACT

To amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to add utility service vehicles to the "Spencer Pass Law"; to add flashing white lights as a color of light which denotes caution; to provide a procedure for passing stationary utility service vehicles; to provide for definitions; 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 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, is amended in Code Section 40-6-16, the "Spencer Pass Law," by revising subsections (c) and (d) and by adding a new subsection to read as follows:
"(c) The operator of a motor vehicle approaching a stationary towing or recovery vehicle, a stationary highway maintenance vehicle, or a stationary utility service vehicle that is utilizing traffic cones or displaying flashing yellow, amber, white, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the towing, recovery, highway maintenance, or utility service vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. (d)(1) Violation of subsection (b) of this Code section shall be punished by a fine of not more than $500.00. (2) Violation of subsection (c) of this Code section shall be punished by a fine of not more than $250.00. (e) As used in this Code section, the term:

62

GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) 'Utility service vehicle' means any vehicle being used by an employee or contractor of any entity, including, but not limited to, a political subdivision of this state or a local authority or commission related thereto, an electric cooperative, or a public or private corporation, in connection with the provision of utility services. (2) 'Utility services' means and includes electric, natural gas, water, waste-water, cable, telephone, or telecommunication services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, and associated infrastructure."

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

Approved April 19, 2016.

__________

REVENUE AND TAXATION SALES AND USE TAXES; BACK-TO-SCHOOL SALES TAX HOLIDAY; ENERGY EFFICIENT PRODUCTS SALES TAX HOLIDAY.

No. 327 (House Bill No. 951).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide for a back-to-school sales tax holiday; to provide for a sales tax holiday for certain energy efficient products; to create a new exemption for admissions to major sporting events; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for automatic repeal; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by revising subparagraph (A) of paragraphs (75) and (82) and by deleting "or" at the end of paragraph (95), by deleting the period and adding "; or" at the end of paragraph (96), and by adding a new paragraph to read as follows:

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"(75)(A) The sale of eligible property. The exemption provided by this paragraph applies only to sales occurring during the period commencing at 12:01 A.M. on July 30, 2016, and concluding at 12:00 Midnight on July 31, 2016." "(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 occurring during the period commencing at 12:01 A.M. on September 30, 2016, and concluding at 12:00 Midnight on October 2, 2016." "(97)(A) Sales of admissions to nonrecurring major sporting events in this state expected to generate over $50 million in the host locality. (B) As used in this paragraph, the term 'major sporting event' means the National Football League championship game; any semifinal game or championship game of a national collegiate tournament; a Major League Baseball, Major League Soccer, or National Basketball Association all-star game; or any other nonrecurring major sporting event determined by the commissioner of economic development and the state revenue commissioner to be a major sporting event. (C) As used in this paragraph, the term 'nonrecurring' means not occurring in this state more than once every three years. (D) The revenue projections for purposes of this paragraph shall include, but not be limited to, lodging, meals, vehicle rentals, and admissions to tourist attractions. (E) Determinations made under this paragraph by the commissioners on or after the effective date of this paragraph shall be made prior to the date of the convening of the General Assembly immediately preceding the awarding of the sales tax exemption for a major sporting event. Such a determination shall become effective either 30 days prior to the major sporting event or on the first fiscal day of the fiscal year immediately following a year during which such determination was made, whichever is earlier. Such a determination may be rendered null and void by a joint resolution passed by both chambers of the General Assembly. In the event that the presiding officers of the General Assembly, in their discretion, choose to introduce such a joint resolution, a special committee in each respective chamber of the General Assembly will be appointed by the presiding officers of both chambers of the General Assembly for the purpose of considering such a joint resolution, subject to the rules of both respective chambers. (F) This paragraph shall stand automatically repealed on December 31, 2022; provided, however, that this repeal shall not apply to any event for which an application has been submitted prior to December 31, 2022."

SECTION 2. This Act shall become effective on July 1, 2016, and shall be applicable to admissions purchased on or after January 1, 2017. This Act shall only apply to events secured on or after the effective date of this Act.

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

Approved April 21, 2016.

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FIRE PROTECTION AND SAFETY LOCAL GOVERNMENT CERTIFICATES OF COMPLIANCE FOR FIRE DEPARTMENTS; EXPAND FUNCTIONS AND POWERS OF GEORGIA FIREFIGHTER STANDARDS AND TRAINING COUNCIL; QUALIFICATIONS FOR FIREFIGHTERS; FIREWORKS; USE, REGULATION, AND CONTROL; LICENSING.

No. 330 (House Bill No. 727).

AN ACT

To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to revise requirements for the issuance of certificates of compliance for fire departments; to revise and to provide for definitions; to expand the functions and powers of the Georgia Firefighter Standards and Training Council; to revise qualifications for firefighters; to revise the standard of compliance from explosion to ignition; to provide for definitions; to provide that certain sparkling items are consumer fireworks; to revise provisions relating to the sale, use, or ignition of consumer fireworks; to revise the days, times, locations, situations, and circumstances in which consumer fireworks can be lawfully used or ignited; to revise places within this state where the use or ignition of consumer fireworks is prohibited; to create the criminal offense of using or igniting or causing to be ignited consumer fireworks while under the influence; to provide for criminal penalties; to revise the licensing standards and procedures which shall be applied by the Safety Fire Commissioner and the governing authorities of counties and municipal corporations toward distributors; to revise licensing fees and requirements; to expand enforcement and regulatory mechanisms of the Safety Fire Commissioner regarding fireworks and consumer fireworks; to provide for the forfeiture of fireworks and consumer fireworks contraband; to provide for criminal penalties; to provide for civil enforcement; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding provisions applicable to counties and municipal corporations, so as to provide for further regulations by municipal 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:

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SECTION 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by revising Code section 25-3-22, relating to notification that organization meets requirements and issuance of certificate of compliance, as follows:
"25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify and submit all required documentation to the executive director that demonstrates that the organization meets the minimum requirements specified in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the executive director is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall recommend to the Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2."

SECTION 2. Said title is further amended by in Code section 25-4-2, relating to definitions, by revising paragraph (6) and adding a new paragraph as follows:
"(6) 'Firefighter' means a recruit or a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighter's assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability." "(8.1) 'Recruit' means a prospective firefighter who has not yet been certified or registered by the council as having met the requirements of Code Section 25-4-8 and the rules and regulations to be a firefighter as provided for by the council."

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SECTION 3. Said title is further amended by in Code section 25-4-7, relating to the functions and powers of the Georgia Firefighter Standards and Training Council, by revising paragraphs (4) and (9) as follows:
"(4) To establish uniform minimum standards for the employment and training of full-time, part-time, or volunteer firefighters, airport firefighters, fire and life safety educators, fire inspectors, fire investigators, and other such firefighting service professionals as determined by the council including qualifications, certifications, recertifications, decertifications, and probations for certified individuals and suspensions for noncertified individuals, and requirements, which are consistent with this chapter;" "(9) To establish basic firefighter training requirements for full-time, part-time, contract, and volunteer firefighters, including airport firefighters;"

SECTION 4. Said title is further amended in Code section 25-4-8, relating to qualifications of firefighters generally, by revising subsection (a) as follows:
"(a) Except as provided in Code Section 25-4-12, any employee, volunteer, or private contractor of a fire department operating in this state or certified as a firefighter shall, as prescribed by the council:
(1) Be at least 18 years of age; (2) Not have been convicted of, or pleaded guilty to, a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of this state within ten years prior to employment, provided that a person who has been convicted of a felony more than five but less than ten years prior to employment may be certified and employed as a firefighter when the person has:
(A) Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections; (B) Been recommended to a fire department by the proper authorities at the institution at which the training program was undertaken; and (C) Met all other requirements as set forth in this chapter. The council shall be the final authority with respect to authorizing the employment, appointment, and certification of a person who has been convicted of a felony more than five but less than ten years prior to seeking employment when the person is seeking employment as a firefighter for any municipal, county, or state fire department which employs three or more firefighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state codes, as well as enforcing any law pertaining to the prevention and control of fires; (3) Have a good moral character as determined by investigation under procedure approved by the council;

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(4) Be fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record; (5) Be in good physical condition as determined by a medical examination and successfully pass the minimum physical agility requirements as established by the council; and (6) Possess or achieve within 12 months after employment a high school diploma or a general education development equivalency."

SECTION 5. Said title is further amended by revising Code Section 25-10-1, relating to definitions, as follows:
"25-10-1. (a) As used in this chapter, the term:
(1) 'Consumer fireworks' means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. (2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or membrane structure. (3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for by NFPA 1124. (4) 'Distributor' means any person, firm, corporation, association, or partnership which sells consumer fireworks. (4.1) 'Electric plant' shall have the same meaning as provided for in Code Section 46-3A-1. (5) 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. (6) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition.

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(7) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, any entity incorporated under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a public or private elementary or secondary school in this state. (8) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner. (9) 'Pyrotechnics' means fireworks. (10) 'Store' shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall only include such buildings with at least 4,000 square feet of retail display space and wherefrom:
(A) No more than 25 percent of such retail display space is used for consumer fireworks and items or products as provided for under paragraph (2) of subsection (b) of this Code section; and (B) Other items or products which are not consumer fireworks or items or products as provided for under paragraph (2) of subsection (b) of this Code section are sold; and provided, further, that such term means a person, firm, corporation, association, or partnership with more than one mercantile location, where all such mercantile locations are collectively known to the public by the same name or share central management. (11) 'Waste-water treatment plant' shall have the same meaning as provided for in Code Section 43-51-2. (12) 'Water treatment plant' shall have the same meaning as provided for in Code Section 43-51-2. (b) As used in this chapter, the term 'consumer fireworks' or 'fireworks' shall not include: (1) Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'consumer fireworks' or 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and (2) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture."

SECTION 6. Said title is further amended by revising Code Section 25-10-2, relating to prohibited fireworks activities, as follows:

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"25-10-2. (a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or ignite or cause to be ignited, or to possess, manufacture, transport, or store any consumer fireworks or fireworks, except as otherwise provided in this chapter.
(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person under 18 years of age. (2) It shall be unlawful to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means other than an in-person, face-to-face sale. Such person shall provide proper identification to the seller at the time of such purchase. For purposes of this paragraph, the term 'proper identification' means any document issued by a governmental agency containing a description of the person or 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 identification card authorized under Code Sections 40-5-100 through 40-5-104.
(3)(A) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway, or railroad of this state. (B) Except as provided for in subparagraph (D) or (E) of this paragraph and subject to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks:
(i) On any day beginning at the time of 10:00 A.M. and up to and including the ending time of 9:00 P.M.; (ii) On any day after the time of 9:00 P.M. and up to and including the time of 11:59 P.M. if such use or ignition is lawful pursuant to any noise ordinance of the county or municipal corporation of the location in which such use or ignition occurs, except as otherwise provided for under this subparagraph; provided, however, that a county or municipal corporation may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this paragraph for use or ignition; (iii) On January 1, July 3, July 4, and December 31 of each year after the time of 9:00 P.M. and up to and including the time of 11:59 P.M.; and (iv) On January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M. (C) Subject to subparagraph (D) of this paragraph, paragraph (4) of this subsection, and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks anywhere in this state except:

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(i) As provided for under subparagraph (A) of this paragraph; (ii) In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or ignite or cause to be ignited any consumer fireworks; (iii) Within 100 yards of an electric plant; water treatment plant; waste-water treatment plant; a facility engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the volume stored is in excess of 500 gallons for the purpose of retail sale; a facility engaged in the production, refining, processing, or blending of any flammable or combustible liquids or gases for retail purposes; any public or private electric substation; or a jail or prison; (iv) Within 100 yards of the boundaries of any public use air facility provided for under Title 6 or any public use landing area or platform marked and designed for landing use by helicopters; (v) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of a governing authority of a county or municipal corporation, except pursuant to a special use permit as provided for in subparagraph (D) of this paragraph; (vi) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of the State of Georgia, except pursuant to any rules and regulations of the agency or department having control of such property which may allow for such use or ignition of consumer fireworks; (vii) Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31; provided, however, that an owner or operator of such facility may use or ignite or cause to be ignited consumer fireworks on the property of such facility or may grant written permission to any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited consumer fireworks on the property of such facility; or (viii) While under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is less safe or unlawful for such person to ignite consumer fireworks as provided for in Code Section 25-10-2.1. (D) Any person, firm, corporation, association, or partnership may use or ignite or cause to be ignited any consumer fireworks as provided for under divisions (3)(B)(ii) and (3)(C)(v) of this subsection if such person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of a governing authority of a county or municipal corporation for the use or ignition of consumer fireworks in a location within such county or municipality as provided for under divisions (3)(B)(ii) and (3)(C)(v) of this subsection, provided that such special use permit is required for such use or ignition. Such special use permit shall designate the time or times and location that such person, firm, corporation, association, or partnership may use or ignite or cause to be ignited such consumer fireworks. A fee assessed by a county or

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municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision shall bear liability for any decisions made pursuant to this Code section. (E) Whenever the Governor issues a declaration of drought, the Governor may, for the boundaries of the area covered by such declaration, enact further regulations and restrictions concerning the use of consumer fireworks than provided for under this chapter; provided, however, that no such further regulations or restrictions on the use of consumer fireworks shall be effective pursuant to this subparagraph on January 1, July 3, July 4, or December 31 of any year; provided, further, that such further regulations or restrictions shall only apply to the exact boundaries of the area covered by such declaration and shall only apply with regard to the ignition of consumer fireworks; and provided, further, that upon expiration or conclusion of such declaration, such further regulations or restrictions shall be rescinded by law. (4)(A) It shall be lawful for any person 18 years of age or older to use or ignite or cause to be ignited or to possess, manufacture, transport, or store consumer fireworks. (B) To the extent otherwise permitted by law, it shall be lawful for any person who is 16 or 17 years of age to possess or transport consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways. (5)(A) It shall be lawful for any person 18 years of age or older to sell or to offer for sale at retail or wholesale any consumer fireworks pursuant to the requirements of this chapter. (B) It shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail or wholesale any consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1. (6)(A) It shall be lawful to sell consumer fireworks from a permanent consumer fireworks retail sales facility or store only if such permanent consumer fireworks retail sales facility or store is:
(i) In compliance with the requirements for such a permanent consumer fireworks retail sales facility or store in the selling of consumer fireworks as provided for in NFPA 1124; and (ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1. (B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand only if such temporary consumer fireworks retail sales stand is:

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(i) In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124; (ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire department connection of a building affiliated with such consumer fireworks retail sales stand, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales stand provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant or fire department connection; and (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1. A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 may operate no more than two temporary consumer fireworks retail sales stands in this state per location licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that such distributor has been operating and open to the public pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior to July 4 or December 31 in the year of an application for a license under subsection (c) of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31. (C) It shall be unlawful to sell consumer fireworks from any motor vehicle, from a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure."

SECTION 7. Said title is further amended by adding a new Code section to read as follows:
"25-10-2.1. (a) It shall be unlawful for any person to ignite consumer fireworks or fireworks while:
(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for such person to ignite consumer fireworks or fireworks; or (2) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in such person's blood or urine, or both, including the metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in such person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of igniting consumer fireworks or fireworks safely as a result of using a drug other than alcohol which such person is legally entitled to use.

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(c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor."

SECTION 8. Said title is further amended by revising subsection (a) of Code Section 25-10-3.2, relating to license required for pyrotechnics exhibits, as follows:
"(a) No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, detonation, or ignition of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership holds a valid license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire Commissioner."

SECTION 9. Said title is further amended by revising Code Section 25-10-5.1, relating to requirements for issuance of license to distribute consumer fireworks, as follows:
"25-10-5.1. (a)(1) A license pursuant to this Code section shall only be issued to a distributor that: (A) Complies with all the requirements of this chapter; and (B) Maintains at all times public liability and product liability insurance with minimum coverage limits of $2 million to cover the losses, damages, or injuries that might ensue to persons or property as a result of selling consumer fireworks. (2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an application executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20. (3) Applications to the Safety Fire Commissioner pursuant to this Code section shall be upon forms prescribed and promulgated by the Safety Fire Commissioner. (4) Any person, firm, corporation, association, or partnership seeking a license pursuant to subsection (b) or (d) of this Code section shall have property from which the applicant intends to sell consumer fireworks under such person's, firm's, corporation's, association's, or partnership's ownership or legal control through a lease, rental agreement, licensing agreement, or other contractual instrument at the time of filing the application for such license, and such property shall be in a condition ready for inspection. (b)(1) The initial license fee for a distributor selling consumer fireworks from a permanent consumer fireworks retail sales facility shall be $1,500.00 per location, payable to the Safety Fire Commissioner; provided, however, that the initial license fee shall be $5,000.00 for a distributor that is not licensed pursuant to this subsection prior to July 1, 2016. Upon finding that a distributor has met the requirements of subsection (a) of this Code section and upon payment of such license fee, such initial

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license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of subsection (a) of this Code section and upon payment of such license fee, such annual license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall apply for an annual license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year. (2) The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 30 days of the submission of an application for any initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the permanent consumer fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (c)(1) The license fee for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand shall be $500.00 per location, payable to the governing authority of the county, municipality, or other political subdivision of this state in whose boundaries such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, has a license pursuant to subsection (b) or (d) of this Code section, has no more than the allowable temporary consumer fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2, that the sales of consumer fireworks from such temporary consumer fireworks retail sales stand shall accrue to the benefit of a nonprofit group, and upon payment of such license fee, such license shall be issued by the fire department of the county, municipality, or other political subdivision or the chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having

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operational authority of the area in which such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Such license shall identify the temporary consumer fireworks retail sales stand applicable to such license and shall expire on the next January 31 after the issuance of such license. (2) A determination by a fire department as provided for under paragraph (1) of this subsection of whether a distributor has met requirements for the issuance of a license pursuant to this subsection shall be made within 30 days of the submission of an application for any such license. Such application shall be in writing and, if such fire department provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by such fire department. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by such fire department, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the temporary consumer fireworks retail sales stand. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (3) For at least one of the temporary consumer fireworks retail sales stands provided for under subparagraph (b)(6)(B) of Code Section 25-10-2, a nonprofit group benefiting from the sale of consumer fireworks from such temporary consumer fireworks retail sales stand shall directly participate in operating such temporary consumer fireworks retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative of a nonprofit group to knowingly lend the name of the nonprofit group or allow the identity of the nonprofit group to be used for the license under this subsection if such nonprofit group is not directly participating in operating, or benefiting from the operation of, such temporary consumer fireworks retail sales stand. (4) The governing authority of a county, municipality, or other political subdivision receiving fees pursuant to this Code section shall expend such fees for public safety purposes. (5) A distributor licensed pursuant to this subsection shall submit a list of the names and addresses, including the counties, of each temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale pursuant to this Code section to the Safety Fire Commissioner. Such list shall be submitted not less than 30 days prior to first having a temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale and not less than 30 days prior to having such distributor's consumer fireworks offered for sale at a location not previously included on such list. The Safety Fire Commissioner shall make such list publicly available for inspection. In making determinations as provided for under this subsection, fire departments shall reference the list provided for by this paragraph. (6) A revocation or suspension of a license provided for under subsection (b) or (d) of this Code section shall operate as a revocation or suspension of a distributor's license under this subsection for the term of such revocation or suspension.

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(d)(1) The initial license fee for a distributor selling consumer fireworks from a store shall be $1,500.00 in addition to $250.00 per store location, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, such initial license shall be issued by the Safety Fire Commissioner; provided, however, that such distributor has been operating and open to the public no less than 30 days prior to July 4 or December 31 in the year of an application for an initial license that is filed within 30 days of July 4 or December 31; and provided, further, that a distributor holding an initial license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 in addition to $100.00 per store location, payable to the Safety Fire Commissioner; provided, however, that a distributor holding an annual license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, such annual license shall be issued by the Safety Fire Commissioner. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall apply for an annual license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year. (2) An application submitted under this subsection shall identify each store location to which an initial or annual license is applicable; there shall not be a requirement for a separate application for each of the several store locations. The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 30 days of the submission of an application for any initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the store from which consumer fireworks will be sold. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection."

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SECTION 10. Said title is further amended by revising Code Section 25-10-6, relating to fireworks manufactured, sold, or stored in violation of chapter declared contraband and seizure and disposition thereof, as follows:
"25-10-6. (a) The state fire marshal shall enforce the provisions of this chapter; provided, however, that, in addition, any law enforcement officer or agency of this state or political subdivision thereof may enforce provisions relating to using or igniting or causing to be ignited consumer fireworks. Applicable fire departments of a county, municipality, or other political subdivision or a chartered fire department shall refer cases for enforcement under subsection (c) of Code Section 25-10-5.1 to the state fire marshal. All fireworks or consumer fireworks manufactured, offered for sale, exposed for sale, or stored in violation of this chapter are declared to be contraband and may be seized, taken, and removed, or caused to be removed and destroyed or disposed of at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official. (b) Any property declared as contraband pursuant to this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."

SECTION 11. Said title is further amended by revising Code Section 25-10-9, relating to penalties for illegal sale of fireworks, as follows:
"25-10-9. Notwithstanding any provision of this chapter to the contrary, the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly violates this chapter to a monetary penalty of up to $2,500.00 for each and every act in violation of this chapter; provided, however, that the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane structure to a monetary penalty of up to $5,000.00 and, if any such person, firm, corporation, association, or partnership is a distributor, then a license revocation for not more than two years. Each sales transaction in violation of this chapter shall be a separate offense."

SECTION 12. Said title is further amended by adding new Code sections to read as follows:
"25-10-11. (a) Whenever the Safety Fire Commissioner shall have reason to believe that any person is or has been violating any provisions of this chapter, the Safety Fire Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the person an order to cease and desist such violation. An order issued under this Code section shall be delivered in accordance with the provisions of subsection (c) of this Code section.

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(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 licenses issued by the Safety Fire Commissioner for a period of not less than six months and not to exceed five years. If a new license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new license held by such person. In the case of an applicant for a license, 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. (c) Any order issued by the Safety Fire Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which shall provide that a hearing will be held if and only if a person subject to the order requests a hearing in writing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Safety Fire 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. (d) In addition to other powers granted to the Safety Fire Commissioner under this chapter, the Safety Fire 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 Safety Fire Commissioner under this chapter.

25-10-12. (a) In addition to the grounds set forth in Code Section 25-10-11, it is cause for revocation or suspension, refusal, or nonrenewal by the Safety Fire Commissioner of any license issued under this chapter if it is determined that the licensee or applicant has:
(1) Failed to comply with all the requirements of this chapter or the rules and regulations promulgated pursuant thereto; (2) Failed to maintain the minimum insurance coverage as set forth in this chapter; (3) Made a material misstatement or misrepresentation or committed a fraud in obtaining or attempting to obtain a license; or (4) Failed to notify the Safety Fire Commissioner, in writing, with 30 days after a change of residence, principal business address, or name. (b) In addition to other grounds set forth in this Code section, the Safety Fire Commissioner shall not issue a new license under this chapter if the Safety Fire Commissioner finds that the circumstance or circumstances for which the license was previously suspended or revoked still exist or are likely to recur."

SECTION 13. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding provisions applicable to counties and municipal corporations, is amended by revising subsections (a), (b), (d), and (e) of Code Section 36-60-24, relating to sale or use or explosion of consumer fireworks products, as follows:

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"(a) The governing authority of a county or municipal corporation shall not prohibit the sale or use or ignition of consumer fireworks or other products or services which are lawful under Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law. (b) If the sale of a product or service is regulated by Chapter 10 of Title 25, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale or use or ignition of such product or service, unless such additional regulation is expressly authorized by general law." "(d) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may further regulate the sale of consumer fireworks from temporary consumer fireworks retail sales stands until January 31, 2018. (e) The governing authority of a county or municipal corporation shall not unreasonably delay or deny an application for a temporary consumer fireworks retail sales stand."

SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Approved April 26, 2016.

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MOTOR VEHICLES AND TRAFFIC SPECIAL LICENSE PLATES.
No. 331 (House Bill No. 736).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate for women veterans; to provide for definitions; to provide for the issuance of a special license plate to the spouse of an eligible person under certain circumstances; to provide for special license plates for the Omega Psi Phi Fraternity, Inc.; and Hampton University; to provide for special license plates for Zeta Phi Beta Sorority, Inc., to provide for a special license plate to support the law enforcement division of the Department of Natural Resources; to provide for a special license plate promoting marine

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habitat conservation; to provide for a special license plate for the Georgia Pet Foundation; to provide for related matters; to provide for an effective date; to require a two-thirds' majority vote for passage of certain provisions in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by revising Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows:
"40-2-85.1. (a) For purposes of this Code section, the term:
(1) 'Military medal award' means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military:
(A) Medal of Honor; (B) Bronze Star Medal; (C) Silver Star Medal; (D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal; (J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal; (M) Defense Superior Service Medal; (N) Legion of Merit; (O) Distinguished Flying Cross; (P) Purple Heart; (Q) Air Medal; and (R) Soldier's Medal. (2) 'Served during active military combat' means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom. (3) 'Veteran' means a former member of the armed forces of the United States who is discharged from the armed forces under conditions other than dishonorable.

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(4) 'Woman veteran' and 'women veterans' means former members of the armed forces of the United States who are female and discharged from the armed forces under conditions other than dishonorable. (b)(1) Motor vehicle and trailer owners who are veterans or women veterans, who have received a military medal award, or who served during active military combat shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, motorcycles, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(2)(A) Motor vehicle and trailer owners who are veterans or women veterans, who have received a military medal award, or who served during active military combat shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a veteran's license plate, a woman veteran's license plate, a military medal award recipient license plate, or a commemorative service license plate for service during active military combat. One such license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each member or former member of the armed forces of the United States listed in this subsection shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00, and such fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (c) The commissioner shall design a veteran's license plate, a woman veteran's license plate, a military medal award recipient license plate, and a license plate to commemorate service with the United States armed forces during active military combat. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, motorcycles, trucks, and trailers before issuing such license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (e) of this Code section, such plates shall be nontransferable. (d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, motorcycles, trucks, recreational vehicles, and trailers used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners who are veterans, who are recipients of a military medal award, or who served

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during active military combat and shall additionally identify distinctly the owner as a current or former member of one of the following branches of the armed forces of the United States: Army, Navy, Marines, Air Force, or Coast Guard. (e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran or of a deceased person who received a military medal award or who served during active military combat shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such person, ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying person's death or acquired thereafter, so long as such surviving spouse does not remarry. (e.1) The spouse of any person eligible to be issued a special license plate under this Code section shall also be eligible for such license plate, provided that no motor vehicle is registered in the name of the eligible person and all other requirements relating to registration and licensing relative to motor vehicles as prescribed in Article 2 of this chapter have been satisfied. (f) Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee."

SECTION 2. Said article is further amended in 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 with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation, by adding three new paragraphs to subsection (l), adding a new paragraph to subsection (m), and revising subsection (n) as follows:
"(52) A special license plate honoring the Omega Psi Phi Fraternity, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Omega Psi Phi Foundation. (53) A special license plate honoring Hampton University. The funds raised by the sale of this special license plate shall be disbursed to the Hampton University Atlanta Chapter Alumni Association. (54) A special license plate honoring Zeta Phi Beta Sorority, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Zeta National Education Foundation, Inc." (13) A special license plate to support the law enforcement division of the Department of Natural Resources in its protection of wildlife and natural and cultural resources of this state, enforcement of boating, litter, and waste laws, teaching of hunter and boater education classes, and provision of other public safety services to the citizens of this state.

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The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Natural Resources for use by the law enforcement division for the purposes provided for in this paragraph." "(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) A special license plate promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources. The funds raised by the sale of this special license plate 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 plate 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. (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.

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(5) A special license plate promoting marine habitat conservation, restoration, and enhancement. The funds raised by the sale of this special license plate shall be disbursed to the Coastal Resources Division of the Department of Natural Resources to supplement marine habitat conservation, restoration, and enhancement projects undertaken to increase the abundance of marine fish and invertebrate species. (6) A special license plate promoting a dog and cat reproductive sterilization program for a nonprofit corporation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Pet Foundation to be used for dog and cat reproductive sterilization, including, but not limited to, grants to nonprofit corporations and vouchers for discounted veterinary sterilization services."

SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided in subsection (b) of this section. (b) In accordance with the requirements of Article III, Section IX, Paragraph VI(n) of the Constitution of the State of Georgia, Section 2 of this Act amending subsections (l), (m), and (n) of Code Section 40-2-86 of the Official Code of Georgia Annotated shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

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

Approved April 26, 2016.

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PROFESSIONS AND BUSINESSES ADVERTISEMENT OR PUBLICATION OF BOARD CERTIFICATIONS OF PHYSICIANS; CASE HISTORIES OF VACCINE RECIPIENTS; EXEMPT CERTAIN ACTIVITIES OF HOSPITAL OR HEALTH SYSTEM REGARDING INFLUENZA VACCINATIONS.
No. 332 (House Bill No. 1043).
AN ACT
To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification

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by physicians; to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, so as to revise a provision relating to taking the case history of a vaccine recipient; to exempt activities conducted by a hospital or health system with respect to influenza vaccinations from certain requirements; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 0.1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, is amended by adding a new Code section to read as follows:
"43-34-22.1. (a) No physician shall advertise or hold himself or herself out to the public in any manner as being certified or board certified in any specialty or subspecialty by a public or private board, including, but not limited to, a multidisciplinary board, unless:
(1) The advertisement or publication states the full name of the certifying board; and (2) Such certifying board either:
(A) Is a member board of the American Board of Medical Specialties or the American Osteopathic Association; or (B) Requires successful completion of a postgraduate training program approved by the Accreditation Commission for Graduate Medical Education or the American Osteopathic Association that provides complete training in the specialty or subspecialty certified, followed by prerequisite certification by the American Board of Medical Specialties or the American Osteopathic Association board for that training field, and further successful completion of an examination in the specialty or subspecialty certified. (b) The board may take any disciplinary action provided under subsection (b) of Code Section 43-34-8 upon a finding of any conduct in violation of this Code section.

SECTION 1. Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, is amended by revising paragraph (3) of subsection (d) and subsection (o) as follows:
"(3) Require the pharmacist or nurse to take an appropriate case history and determine whether the patient has had a physical examination within the past year and shall not administer a vaccine to a patient with any condition for which such vaccine is contraindicated;" "(o)(1) This Code section shall not apply to any activities conducted within a hospital, physician's office, nursing home, or other health care facility designated by the

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department or conducted within any other facility or entity owned, operated, or leased by a hospital. (2) Except as otherwise provided in paragraph (1) of this subsection, any activities conducted by a hospital or health system for the administration of the influenza vaccine shall not be subject to paragraphs (5) through (9), (15), or (16) of subsection (d) of this Code section as long as the following conditions are met:
(A) A signed and dated consent form by which the vaccine recipient consents to the administration of the vaccine is obtained; (B) If the vaccine recipient is a patient within the hospital or health system, the administration of the influenza vaccine shall be noted in such patient's health record maintained by the hospital or health system, including, but not limited to, the administering pharmacist's or nurse's name, address, telephone number, and professional license number; the name, dose, manufacturer, and lot number of the vaccine; and the date of administration and injection site; (C) If the vaccine recipient is not a patient within the hospital or health system, a personal immunization card on card stock paper containing the vaccine recipient's name, the pharmacist's or nurse's name and phone number, the name and dosage of the vaccine, the injection site on the vaccine recipient, the date of the administration of the vaccine in legible writing or printed type in a format made available by the Department of Public Health, and written information developed by the Department of Public Health on the importance of having and periodically seeing a primary care physician shall be provided to the vaccine recipient; and (D) If requested by the patient, the influenza vaccine shall be administered in an area or location with portable screening, at a minimum. As used in this paragraph, the term 'health system' means (i) a parent corporation of one or more hospitals and any entity affiliated with such parent corporation through ownership, governance, membership, or other means; or (ii) a hospital and any entity affiliated with such hospital through ownership, governance, membership, or other means."

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

Approved April 26, 2016.

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DOMESTIC RELATIONS GRANDPARENT'S RIGHT TO INTERVENE IN CERTAIN DOMESTIC RELATIONS CASES; INTERVENTION BY GREAT-GRANDPARENTS AND SIBLINGS OF PARENTS.

No. 333 (House Bill No. 229).

AN ACT

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to a grandparent's right to intervention in certain domestic relation cases; to allow for intervention by great-grandparents and siblings of parents; to provide for definitions; to provide for an evidentiary standard; to conform cross-references relating to adoption; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Code Section 19-7-3, relating to grandparent visitation rights and intervention, as follows:
"19-7-3. (a) As used in this Code section, the term:
(1) 'Family member' means a grandparent, great-grandparent, or sibling. (2) 'Grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated. (3) 'Great-grandparent' means the parent of the parent of a parent of a minor child, the parent of the parent of a minor child's parent who has died, and the parent of the parent of a minor child's parent whose parental rights have been terminated. (4) 'Sibling' means the brother or sister of a parent of a minor child, the brother or sister of a minor child's parent who has died, and the brother or sister of a minor child's parent whose parental rights have been terminated. (b)(1) Except as otherwise provided in paragraph (2) of this subsection:
(A) Any grandparent shall have the right to file an original action for visitation rights to a minor child; and (B) Any family member shall have the right to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption

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in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. (2) This subsection shall not authorize an original action when the parents of the minor child are not separated and the child is living with both parents. (c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere absence of an opportunity for a child to develop a relationship with a family member shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such family member. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result when, prior to the original action or intervention: (A) The minor child resided with the family member for six months or more; (B) The family member provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the family member with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings. (2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (3) While a parent's decision regarding family member visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide family member contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her family member or who is not provided some minimal opportunity for contact with his or her family member when there is a preexisting relationship between the child and such family member may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. (4) In no case shall the granting of visitation rights to a family member interfere with a child's school or regularly scheduled extracurricular activities.

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(5) Visitation time awarded to a family member shall not be less than 24 hours in any one-month period; provided, however, that when more than one individual seeks visitation under this Code section, the court shall determine the amount of time to award to each petitioner which shall not be less than 24 hours in any one-month period in the aggregate. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court in its discretion finds that such visitation would be in the best interests of the child. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. (e) If the court finds that the family member can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning family member, may: (1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a family member for mediation. (f) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the family member. (g) Whether or not visitation is awarded to a family member, the court may direct a custodial parent, by court order, to notify such family member of every performance of the minor child to which the public is admitted, including, but not limited to, musical concerts, graduations, recitals, and sporting events or games. (h) When more than one family member files an action pursuant to this Code section, the court shall determine the priority of such actions."

SECTION 2. Said title is further amended by revising subsection (f) of Code Section 19-8-13, relating to the petition for adoption, filing, and contents, as follows:
"(f)(1) As used in this subsection, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) Whenever a petitioner is a blood relative of the child to be adopted and a family member other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the family member with the visitation rights or upon such person's counsel of record."

SECTION 3. Said title is further amended by revising Code Section 19-8-15, relating to when objections may be filed by relatives to petition for adoption, as follows:

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"19-8-15. (1) As used in this Code section, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) If the child sought to be adopted has no legal father or legal mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A family member with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a good reason for denying the petition and the court shall have the authority to grant or continue such visitation rights of the family member of the child in the adoption order in the event the adoption by the blood relative is approved by the court."

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

Approved April 26, 2016.

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MOTOR VEHICLES AND TRAFFIC HEIGHT OF MOTORCYCLE HANDLEBARS.

No. 334 (House Bill No. 166).

AN ACT

To amend Code Section 40-6-314 of the Official Code of Georgia Annotated, relating to footrests and handlebars regarding motorcycles, so as to revise provisions regarding height of handlebars; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act."

SECTION 2. Code Section 40-6-314 of the Official Code of Georgia Annotated, relating to footrests and handlebars, is amended as follows:

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"40-6-314. (a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. (b) No person shall operate any motorcycle with handlebars more than 25 inches in height above that portion of the seat occupied by the operator or with a backrest more commonly known as a sissy bar that is designed in such a way as to create a sharp point at its apex."

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

Approved April 26, 2016.

__________

CONSERVATION AND NATURAL RESOURCES EDUCATION HEALTH LAW ENFORCEMENT OFFICERS AND AGENCIES MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS MOTOR VEHICLES AND TRAFFIC PUBLIC UTILITIES AND PUBLIC TRANSPORTATION REVENUE AND TAXATION TORTS RENAME GEORGIA EMERGENCY MANAGEMENT AGENCY AND DIRECTOR; ESTABLISH GEORGIA INFORMATION SHARING AND ANALYSIS CENTER.

No. 335 (Senate Bill No. 416).

AN ACT

To amend Chapter 5 of Title 12, Code Section 20-2-1185, Code Section 31-12-2.1, Chapter 3 of Title 35, Chapter 3 of Title 38, Code Sections 40-1-23 and 46-5-122, Title 48, and Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to establishment of water emergency response procedures; school safety plans; investigation of potential bioterrorism activity and regulations and planning health emergencies; the Georgia Bureau of Investigation; emergency management; regulatory compliance inspections, notifications, contacts with state, permit required for transporting materials, escorts or inspections, exceptions, recovery for damage or discharge, civil monetary penalties, routing agencies, and adoption of regulations; definitions; revenue and taxation; and general provisions regarding torts, respectively, so as to rename the Georgia Emergency Management Agency to the Georgia Emergency Management and Homeland Security Agency; to rename the director of emergency management to the director of emergency management and homeland security;

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to establish the Georgia Information Sharing and Analysis Center within the Georgia Bureau of Investigation; to provide for a fusion center for the sharing and analysis of homeland security activity information; to provide for and revise definitions; to provide for operations and responsibilities of the center; to provide for membership in the center; to define the duties and responsibilities of the director of emergency management and homeland security; 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 establishment of water resources, is amended by revising subsection (c) of Code Section 12-5-30.4, relating to establishment of water emergency response procedures, as follows:
"(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 and Homeland Security 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."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 12-5-204, relating to completion and submission of emergency plan and costs, as follows:
"(a) The authority shall ensure the completion of the emergency plan not later than September 1, 2011, and shall submit the emergency plan to the director of the Environmental Protection Division of the Department of Natural Resources, the director of the Georgia Emergency Management and Homeland Security Agency, the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate and House Committees on Natural Resources and Environment and of the Senate and House Committees on Appropriations not later than September 15, 2011."

SECTION 3. Code Section 20-2-1185 of the Official Code of Georgia Annotated, relating to school safety plans, is amended by revising subsections (b) and (d) as follows:
"(b) A public school may request funding assistance from the state for the installation of safety equipment, including, but not limited to, video surveillance cameras, metal detectors,

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and other similar security devices. Funding may be provided to a public school in accordance with a school safety plan prepared by the school and approved by the local board of education, the Department of Education, and the Georgia Emergency Management and Homeland Security Agency." "(d) The Georgia Emergency Management and Homeland Security Agency shall provide training and technical assistance to public school systems, and may provide this same training and technical assistance to private school systems, and independent private schools throughout this state in the area of emergency management and safe school operations. This training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model school safety plans."

SECTION 4. Code Section 31-12-2.1 of the Official Code of Georgia Annotated, relating to investigation of potential bioterrorism activity and regulations and planning for public health emergencies, is amended by revising subsections (b) and (c) as follows:
"(b) The department shall promulgate rules and regulations appropriate for management of any public health emergency declared pursuant to the provisions of Code Section 38-3-51, with particular regard to coordination of the public health emergency response of the state pursuant to subsection (i) of said Code section. Such rules and regulations shall be applicable to the activities of all entities created pursuant to Chapter 3 of this title in such circumstances, notwithstanding any other provisions of law. In developing such rules and regulations, the department shall consult and coordinate as appropriate with the Georgia Emergency Management and Homeland Security Agency, the Federal Emergency Management Agency, the Georgia Department of Public Safety, the Georgia Department of Agriculture, and the federal Centers for Disease Control and Prevention. The department is authorized, in the course of management of a declared public health emergency, to adopt and implement emergency rules and regulations pursuant to the provisions of subsection (b) of Code Section 50-13-4. Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary. (c) The department shall promulgate, prepare, and maintain a public health emergency plan and draft executive order for the declaration of a public health emergency pursuant to Code Section 38-3-51 and Chapter 13 of Title 50. In preparation of such public health emergency plan and draft executive order, the department shall consult and coordinate as appropriate with the Georgia Emergency Management and Homeland Security Agency, the Federal Emergency Management Agency, the Georgia Department of Public Safety, the Georgia Department of Agriculture, and the federal Centers for Disease Control and Prevention."

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SECTION 5. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new article to read as follows:

"ARTICLE 9

35-3-200. As used in this article, the term:
(1) 'Center' means the Georgia Information Sharing and Analysis Center. (2) 'Fusion center' means collaborative effort which combines resources, expertise, intelligence, and other information from various agencies of state and local governments with the goal of maximizing the ability of this state to detect, prevent, and respond to criminal activities or to otherwise engage in homeland security activities. (3) 'Homeland security activity' means any activity related to the prevention or discovery of, response to, or recovery from:
(A) A terrorist attack; (B) A hostile military or paramilitary action; or (C) An extraordinary law enforcement emergency.

35-3-201. There is established the Georgia Information Sharing and Analysis Center within the Georgia Bureau of Investigation. The center shall be a fusion center maintaining criminal intelligence and terrorism analytical components.

35-3-202. (a) Responsibility for the development, maintenance, and operations of the center shall be vested in the director. (b) The director shall appoint and maintain the necessary professional and support staff to enable the center to effectively and efficiently carry out its duties and responsibilities under this article.

35-3-203. (a) The director through the center shall share and provide homeland security activity information to the director of emergency management and homeland security, including, but not limited to, threats, warnings, and developing situations, when an investigation reveals conduct of a terroristic nature or in material support of terroristic activities, recruitment of terrorists, or information on the activities of known terrorist organizations. (b) The center shall liaise with the bureau, the Federal Bureau of Investigation, Joint Terrorism Task Force, United States Department of Homeland Security, and other local, state, and federal intelligence and law enforcement officials for purposes of carrying out its duties and responsibilities under this article.

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(c) The center shall allow unrestricted access to secure communications equipment to the director of emergency management and homeland security and his or her representatives who possess the appropriate federally approved security clearances for the dissemination of homeland security activity information by the United States Department of Homeland Security. (d) The director of emergency management and homeland security shall serve as this state's security manager for the purpose of identifying and processing state personnel for security clearances through the United States Department of Homeland Security.

35-3-204. (a) Membership in the center shall consist of the director, the director of emergency management and homeland security, the commissioner of public safety, the commissioner of natural resources, the commissioner of corrections, the state fire marshal, the Attorney General, the adjutant general, and state and local fire service, law enforcement, homeland security, emergency management, corrections, and other appropriate agencies and disciplines as determined by the director of emergency management and homeland security in consultation with the director. Such members shall assign or make available their analysts or other personnel to the center as such need is determined by the director of emergency management and homeland security. (b) The director of emergency management and homeland security shall maintain Georgia Emergency Management and Homeland Security Agency analysts in the center as needed as determined by the director of emergency management and homeland security."

SECTION 6. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by revising Code Section 38-3-20, relating to Georgia Emergency Management Agency created, director, staff, offices, director's duties, and disaster coordinator, as follows:
"38-3-20. (a) There is established the Georgia Emergency Management and Homeland Security Agency with a director of emergency management and homeland security who shall be the head thereof. The Georgia Emergency Management and Homeland Security Agency shall be assigned to the Office of Planning and Budget for administrative purposes only as provided in Code Section 50-4-3. (b) The Governor shall appoint the director of emergency management and homeland security. He or she shall hold office at the pleasure of the Governor, who shall fix his or her compensation. The director of emergency management and homeland security shall hold no other state office. (c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency

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management and homeland security, as may be necessary to carry out the purposes of Article 9 of Chapter 3 of Title 35, Article 1, this article, and Article 3 of this chapter, the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,' as amended. (d) The director and other personnel of the Georgia Emergency Management and Homeland Security Agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies. (e) The director, subject to the direction and control of the Governor, shall:
(1) Be the executive head of the Georgia Emergency Management and Homeland Security Agency and shall be responsible to the Governor for carrying out the program for emergency management and homeland security in this state; (2) Serve as the central authority reporting to the Governor on all matters relating to homeland security; (3) Have command and control authority over all operational areas involving terrorist activity within this state, including, but not limited to, the Homeland Security Task Force and the Homeland Security Central Command when activated by the Governor; (4) Coordinate the activities of all organizations for emergency management and homeland security within the state; (5) Maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government; (6) Oversee all risk and threat assessments and coordinate all plans for timely and complete responses through a network of state, local, and federal organizations, including, but not limited to, the coordination of efficient and timely flow of information; (7) Be responsible for crisis and consequence management planning, including, but not limited to, measures to identify, acquire, and plan the use of resources needed to anticipate, prevent, or resolve a threat or act of terrorism; (8) Coordinate and review all activities involving homeland security within any agency, authority, or entity of this state, including, but not limited to, oversight of homeland security activities found within the Department of Public Safety, the Georgia Bureau of Investigation, the Georgia National Guard, the Department of Natural Resources, the Department of Community Health, and the Department of Public Health; (9) Evaluate information developed by the criminal justice community in regard to threats or potential threats of terrorism; and (10) Have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Article 9 of Chapter 3 of Title 35 and Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,' as amended.

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(f) The director of emergency management and homeland security shall also be the disaster coordinator and shall act for the Governor when requested to do so."

SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 38-3-22, relating to Governor's emergency management powers and duties, as follows:
"(a) The Governor shall have general direction and control of the Georgia Emergency Management and Homeland Security Agency and shall be responsible for the carrying out of the provisions of Article 1, this article, and Article 3 of this chapter and, in the event of disaster or emergency beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state."

SECTION 8. Said chapter is further amended by revising subsection (c) and paragraph (2) of subsection (d) of Code Section 38-3-22.1, relating to safety plan addressing threat of terrorism required of state agencies or authorities, exemptions, training and technical assistance, and confidentiality of plans and related documentation, as follows:
"(c) Subject to the availability of funds for such purpose, the Georgia Emergency Management and Homeland Security Agency shall provide training and technical assistance to agencies and authorities and may provide such training and technical assistance to local units of government and to critical facilities operated by the private sector. Such training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model safety plans."
"(2) Any other record produced pursuant to this Code section the disclosure of which would, in the determination of the director of the Georgia Emergency Management and Homeland Security Agency, endanger the life or physical safety of any person or persons or the physical safety of any public property."

SECTION 9. Said chapter is further amended by revising subparagraph (a)(3)(F) and paragraph (6) of subsection (a) of Code Section 38-3-27, relating to local organizations for emergency management, creation, structure, powers, directors, appointment, qualifications, and compensation, state to provide financial assistance, and entitlement for funding, as follows:
"(F) Except as provided in this subparagraph, any director or deputy director of a local emergency management organization appointed after July 1, 1999, shall be a certified emergency manager under the Georgia Emergency Management and Homeland Security Agency's Certified Emergency Manager Program. The curriculum of the Certified Emergency Manager Program and requirements for certification shall be determined by the director of emergency management and homeland security and shall

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include, but not be limited to, professional development series training, independent study courses, emergency preparedness courses, and field-delivered courses. Certification may be obtained by an appointed director or deputy director within six months of his or her appointment. Certification shall expire biennially. As a condition of certification renewal, such emergency management personnel shall be required to satisfactorily complete continuing education requirements provided for in subparagraph (G) of this paragraph." "(6) A local director whose salary is reimbursed in part or in full by the Georgia Emergency Management and Homeland Security Agency shall also meet all requirements which may be imposed by the federal emergency management agency or its successor."

SECTION 10. Said chapter is further amended by revising subsection (d) of Code Section 38-3-50, relating to emergency interim successors to various officials and necessity of declared emergency, as follows:
"(d) Designations of emergency interim successors to state officers shall become official upon the officer filing a list of the successors with the Secretary of State, who shall inform the Governor, the Georgia Emergency Management and Homeland Security Agency, all emergency interim successors to the officer involved, and the judge of the probate court of the county of legal residence of the successors of all such designations and any changes therein. Any designation of an emergency interim successor may be changed or altered by the officer concerned filing a notice of the change or alteration with the Secretary of State."

SECTION 11. Said chapter is further amended by revising Code Section 38-3-57, relating to establishment of standardized, verifiable, performance based unified incident command system, utilization, training, implementation, funding, and first informer broadcasters, as follows:
"38-3-57. (a) The Georgia Emergency Management and Homeland Security Agency shall establish and maintain, in collaboration with all appropriate state agencies and volunteer organizations with emergency support function roles and professional organizations that represent local public safety agencies, including the Emergency Management Association of Georgia, the Georgia Association of Police Chiefs, the Georgia Fire Chiefs' Association, and the Georgia Sheriffs' Association, a standardized, verifiable, performance based unified incident command system. (b) Such system shall be consistent with the Georgia Emergency Operations Plan and shall be utilized in response to emergencies and disasters referenced in the Georgia Emergency Operations Plan, including presidentially declared disasters and states of emergency issued by the Governor. (c) The Georgia Emergency Management and Homeland Security Agency, in cooperation with the Georgia Public Safety Training Center and the State Forestry Commission, shall

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develop or adopt a course of instruction for use in training and certifying emergency response personnel in unified incident command. (d) All local public safety and emergency response organizations, including emergency management agencies, law enforcement agencies, fire departments, and emergency medical services, shall implement the standardized unified incident command system provided for in subsection (a) of this Code section by October 1, 2004. (e) Local agencies that have not established such system by October 1, 2004, shall not be eligible for state reimbursement for any response or recovery related expenses.
(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 and Homeland Security 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 and homeland security.
(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 and Homeland Security 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 training shall be established pursuant to rules and regulations promulgated by the director of emergency management and homeland security. The costs of any such training shall be paid by the first informer broadcasters participating in the training."

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SECTION 12. Said chapter is further amended by revising Code Section 38-3-140, relating to short title, as follows:
"38-3-140. This article shall be known and may be cited as the 'Georgia Emergency Management and Homeland Security Agency Nomenclature Act of 2008.'"

SECTION 13. Said chapter is further amended by revising Code Section 38-3-141, relating to definitions, as follows:
"38-3-141. As used in this article, the term:
(1) 'Badge' means any official badge, identification card, or security pass used by members of the Georgia Emergency Management and Homeland Security Agency, either in the past or currently. (2) 'Director' means the director of the Georgia Emergency Management and Homeland Security Agency. (3) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the Georgia Emergency Management and Homeland Security Agency to identify the agency, a division of the agency, or employees of the agency. (4) 'Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (5) 'Seal' means any official symbol, mark, or abbreviation which represents and is used, currently or in the past, by the Georgia Emergency Management and Homeland Security Agency or any other division or operation under the command of the Georgia Emergency Management and Homeland Security Agency to identify the agency, a division of the agency, or employees of the agency. (6) 'Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator."

SECTION 14. Said chapter is further amended by revising Code Section 38-3-142, relating to use of agency name without written permission prohibited in certain circumstances, as follows:

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"38-3-142. Whoever, except with the written permission of the director, knowingly uses the words 'Georgia Emergency Management Agency,' 'Georgia Homeland Security Agency,' 'Emergency Management Agency,' 'Homeland Security Agency,' 'GEMA,' 'GEMHSA,' or 'GEMA/HS' in referring to Georgia's Emergency Management and Homeland Security Agency in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the Georgia Emergency Management and Homeland Security Agency shall be in violation of this article."

SECTION 15. Said chapter is further amended by revising Code Section 38-3-143, relating to use or display of agency symbols without written permission prohibited, as follows:
"38-3-143. Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the Georgia Emergency Management and Homeland Security Agency without written permission from the director shall be in violation of this article."

SECTION 16. Said chapter is further amended by revising Code Section 38-3-144, relating to requests for permission and grants of permission at director's discretion, as follows:
"38-3-144. Any person seeking permission to use or display the nomenclature or symbols of the Georgia Emergency Management and Homeland Security Agency may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under this article shall be at the discretion of the director and under such conditions as the director may impose."

SECTION 17. Said chapter is further amended by revising Code Section 38-3-151, relating to definitions, as follows:
"38-3-151. As used in this article, the term:
(1) 'Agency' means the Georgia Emergency Management and Homeland Security Agency established by Code Section 38-3-20.

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(2) 'Building mapping information system' means a state-wide informational system containing maps of designated public buildings. (3) 'Director' means the director of the agency."

SECTION 18. Code Section 40-1-23 of the Official Code of Georgia Annotated, relating to regulatory compliance inspections, notifications, contacts with state, permit required for transporting materials, escorts or inspections, exceptions, recovery for damage or discharge, civil monetary penalties, routing agencies, and adoption of regulations, is amended by revising subsection (q) as follows:
"(q) The department is designated as the routing agency as defined in Title 49 C.F.R. Part 397, Subpart E. Routing determinations for hazardous materials shall be made in accordance with the provisions of Federal Hazardous Materials Law, 49 U.S.C. Section 5112. The commissioner or his or her designee shall consult with Georgia Department of Transportation, Georgia Department of Natural Resources, Georgia Emergency Management and Homeland Security Agency, Georgia Department of Homeland Security, or other agencies as necessary to carry out these responsibilities."

SECTION 19. Code Section 46-5-122 of the Official Code of Georgia Annotated, relating to definitions, is amended by revising paragraph (2) as follows:
"(2) 'Agency' means the Georgia Emergency Management and Homeland Security Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise."

SECTION 20. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsections (g) and (h) of Code Section 48-2-100, relating to short title, definitions, legislative findings, certain exemptions for out-of-state businesses and employees conducting operations related to declared state of emergency, and post-emergency of state laws and requirements, as follows:
"(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 and Homeland Security 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 and Homeland Security Agency for any affiliate that enters this state that

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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 and Homeland Security Agency and the department shall promulgate regulations as necessary to comply with the requirements of this Code section."

SECTION 21. Said title is further amended by revising subsection (a) of Code Section 48-7-29.4, relating to tax credit for disaster assistance funds received and rules and regulations, as follows:
"(a) A taxpayer who receives disaster assistance during a taxable year from the Georgia Emergency Management and Homeland Security Agency or the Federal Emergency Management Agency shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount equal to $500.00 or the actual amount of such disaster assistance, whichever is less. The commissioner may require adequate supporting documentation showing that the taxpayer received such assistance."

SECTION 22. Said title is further amended by revising subsection (f) of Code Section 48-8-13, relating to taxing jurisdiction for mobile telecommunications services, as follows:
"(f) A home service provider shall identify each customer's place of primary use and shall provide at least quarterly a complete listing of the total number of customers to the Georgia Emergency Management and Homeland Security Agency. The home service provider shall indicate in such report whether it is employing an enhanced ZIP Code to assign each street address to a specific taxing jurisdiction so as to qualify for the safe harbor provisions of 4 U.S.C. Section 120. Further, each home service provider shall, upon request, provide information showing the total number of billings and the amount of fees collected to any taxing jurisdiction as to the customers whose place of primary use is within the jurisdiction of such taxing jurisdiction; provided, however, that in no event shall customer identification be required to be released. Such information shall initially be made available not later than July 1, 2006."

SECTION 23. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by revising Code Section 51-1-50, relating to immunity of broadcasters from liability for Levi's Call: Georgia's Amber Alert Program, as follows:
"51-1-50. (a) As used in this Code section, the term:
(1) 'Broadcast' means the transmission of video or audio programming by an electronic or other signal conducted by radiowaves or microwaves, by wires, lines, coaxial cables,

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wave guides or fiber optics, by satellite transmissions directly or indirectly to viewers or listeners, or by any other means of communication. (2) 'Broadcaster' means any corporation or other entity that is engaged in the business of broadcasting video or audio programming, whether through the public airwaves, by cable, by direct or indirect satellite transmission, or by any other means of communication. (3) 'Levi's Call: Georgia's Amber Alert Program' means the voluntary program entered into by the Georgia Bureau of Investigation, the Georgia Emergency Management and Homeland Security Agency, the Georgia Association of Broadcasters, and certain broadcasters licensed to serve in the State of Georgia, which program provides that if the Georgia Bureau of Investigation verifies that a child has been abducted and is in danger, an alert containing known details of the abduction is transmitted to the Georgia Emergency Management and Homeland Security Agency, which is then transmitted by the Georgia Emergency Management and Homeland Security Agency to broadcasters in Georgia; and those broadcasters participating in the program then broadcast or otherwise disseminate the alert to listeners, viewers, or subscribers. (b) Any broadcaster participating in Levi's Call: Georgia's Amber Alert Program shall not be liable for any civil damages arising from the broadcast or other dissemination of any alert generated pursuant to the Levi's Call: Georgia's Amber Alert Program. The immunity provided for in this Code section shall apply to any broadcast or dissemination of information that is substantially consistent with the information transmitted by the Georgia Emergency Management and Homeland Security Agency and that takes place during an alert requested by the Georgia Emergency Management and Homeland Security Agency and for a period of two hours after such alert has ended or the Georgia Emergency Management and Homeland Security Agency informs the participating broadcasters that the alert has changed in content. (c) Nothing in this Code section shall be construed to limit or restrict in any way any legal protection a broadcaster may have under any other law for broadcasting or otherwise disseminating any information."

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

Approved April 26, 2016.

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HIGHWAYS, BRIDGES, AND FERRIES REVENUE AND TAXATION SALES AND USE TAXES FOR TRANSPORTATION.

No. 336 (Senate Bill No. 369).

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 levy of a retail sales and use tax by the City of Atlanta for the purpose of providing public transportation of passengers for hire in the metropolitan area of the City of Atlanta; to provide for definitions, procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; to provide for an additional referendum in certain instances; to provide for a limitation on the collection of a tax for transportation purposes in certain counties in certain instances; to amend Article 5A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special district mass transportation sales and use tax, so as to provide for the levy of a tax for transportation purposes in metropolitan county special districts; to provide for definitions, procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; to provide for the levy of a tax for transportation purposes in metropolitan municipality special districts; to provide for definitions, procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; 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 MARTA Tax SECTION 1-1.

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:
"32-9-13. (a) As used in this Code section, the term:
(1) 'Authority' means the authority created by the MARTA Act. (2) 'City' means the City of Atlanta. (3) 'MARTA Act' means an Act known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended.

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(b) Any provisions to the contrary in the MARTA Act notwithstanding and pursuant to the authority granted under a provision of the Constitution enacted by Ga. L. 1964, p. 1008, the city shall be authorized to levy a retail sales and use tax up to .50 percent under the provisions set forth in this Code section. Such tax shall be in addition to any tax which is currently authorized and collected under the MARTA Act. The city may elect to hold a referendum in 2016 as provided for by this Code section by the adoption of a resolution or ordinance by its governing body on or prior to June 30, 2016; provided, however, that if the city does not adopt a resolution or ordinance on or prior to June 30, 2016, it may elect to hold a referendum at the November, 2017, municipal general election by the adoption of a resolution or ordinance by its governing body to that effect on or prior to June 30, 2017. Such additional tax shall not count toward any local sales tax limitation provided for by Code Section 48-8-6. Any tax imposed under this part at a rate of less than .50 percent shall be in an increment of .05 percent. Any tax imposed under this part shall run concurrently as to duration of the levy with the 1 percent tax currently levied pursuant to the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended.
(c)(1) No later than May 31 of the year a referendum is to be called for as provided in this Code section, the authority shall submit to the city a preliminary list of new rapid transit projects within or serving the geographical area of the city which may be funded in whole or in part by the proceeds of the additional tax authorized by this Code section. (2) No later than July 31 of the year a referendum is to be called for as provided in this Code section, the authority shall submit to the city a final list of new rapid transit projects within or serving the city to be funded in whole or in part by the proceeds of the tax authorized by this Code section. Such final list of new rapid transit projects shall be incorporated into the rapid transit contract established under Section 24 of the MARTA Act between the authority and the city upon approval by the qualified voters of the city of the referendum to levy the additional tax authorized by this Code section. (d) Before the additional tax authorized under this Code section shall become valid, the tax shall be approved by a majority of qualified voters of the city in a referendum thereon. The procedure for holding the referendum called for in this Code section shall be as follows: There shall be published in a newspaper having general circulation throughout the city, once each week for four weeks immediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the tax authorized by this Code section should be collected in the city for the purpose of expanding and enhancing the rapid transit system. Such election shall be held in all the election districts within the territorial limits of the city. The question to be presented to the electorate in any such referendum shall be stated on the ballots or ballot labels as follows:

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'( ) YES Shall an additional sales tax of (insert percentage) percent be collected in the City of Atlanta for the purpose of significantly expanding and
( ) NO enhancing MARTA transit service in Atlanta?'
The question shall be published as a part of the aforesaid notice of election. Each such election shall be governed, held, and conducted in accordance with the provisions of law from time to time governing the holding of special elections. After the returns of such an election have been received, and the same have been canvassed and computed, the result shall be certified to the governing body of the city, in addition to any other person designated by law to receive the same, and such governing body shall officially declare the result thereof. Each election called by the governing body of the city under the provisions of this Code section shall be governed by and conducted in accordance with the provisions of law governing the holding of elections by the city. The expense of any such election shall be paid by the city. (e) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract between the authority and the city shall authorize the levy and collection of the tax provided for by this Code section, and the final list provided for in paragraph (2) of subsection (c) of this Code section shall be incorporated therein. All of the proceeds derived from the additional tax provided for by this Code section shall be first allocated for payment of the cost of the rapid transit projects incorporated in such contract, except as otherwise provided by the terms of such rapid transit contract, and thereafter, upon completion and payment of such rapid transit projects, as provided for in such contract and this Code section. It shall be the policy of the authority to provide that the tax collected under this Code section in an amount exceeding the cost of the rapid transit projects incorporated in the contract shall be expended solely within and for the benefit of the city. When a tax is imposed under this Code section, the rate of any tax approved as provided for by Article 5A of Chapter 8 of Title 48 shall and the tax provided for by this Code section, in aggregate, shall not exceed a rate of 1 percent. (f) If a majority of those voting in an election provided for by this Code section in 2016 vote against the proposition submitted, the city may elect to resubmit such proposition on the date of the November, 2017, municipal general election by the adoption of a resolution or ordinance to that effect on or prior to June 30, 2017, subject to the provisions of this Code section.
(g)(1) Except as provided for to the contrary in this Code section, the additional tax provided for by this Code section shall be collected in the same manner and under the same conditions as set forth in Section 25 of the MARTA Act. (2) The tax provided for by this Code section shall not be subject to any restrictions as to rate provided for by the MARTA Act and shall not be subject to the provisions of paragraph (2) of subsection (b) or subsection (k) of Section 25 of the MARTA Act. (3) A tax levied under this paragraph shall be added to the state sales and use tax imposed by Article 1 of Chapter 8 of Title 48 and the state revenue commissioner is

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authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed under this paragraph in the city."

PART II Special District Transportation Taxes
SECTION 2-1.

Article 5A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special district mass transportation sales and use tax, is amended by revising such article as follows:

"ARTICLE 5A Part 1

48-8-260. As used in this article, the term:
(1) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution. (2) 'Mass transportation' means any mode of transportation serving the general public which is appropriate to transport people by highways or rail. (3) 'Mass transportation regional system participant' means any county within a special district created pursuant to Article 5 of this chapter in which mass transportation service is provided within such special district, to such special district, or from such special district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Georgia Regional Transportation Authority or the Metropolitan Atlanta Rapid Transit Authority. (4) 'Qualified municipality' means a qualified municipality as defined in paragraph (4) of Code Section 48-8-110 which is located wholly or partly within a special district. (5) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including new general obligation debt and other multiyear obligations issued to finance such purposes. Such purposes shall also include the retirement of previously incurred general obligation debt with respect only to such purposes, but only if an intergovernmental agreement has been entered into under this part.

48-8-261. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The

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geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts created. (b) On or after July 1, 2016, any county:
(1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; (2) That is not defined as a metropolitan county special district that is governed by the provisions of Part 2 of this article; (3) That is a mass transportation regional system participant; and (4) In which a tax is currently being levied and collected pursuant to:
(A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this part, impose for a limited period of time within the special district under this part a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes. (c) On or after July 1, 2017, any county: (1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; (2) That is not defined as a metropolitan county special district that is governed by the provisions of Part 2 of this article; and (3) In which a tax is currently being levied and collected pursuant to: (A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this part, impose for a limited period of time within the special district under this part a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes.

48-8-262. (a) Prior to the issuance of the call for the referendum required by Code Section 48-8-263, any county that desires to levy a tax under this part shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum and the rate of tax. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum.

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(b)(1) Following the meeting required by subsection (a) of this Code section and prior to any tax being imposed under this part, the county and all qualified municipalities therein may execute an intergovernmental agreement memorializing their agreement to the levy of a tax and the rate of such tax. (2) If an intergovernmental agreement authorized by paragraph (1) of this subsection is entered into, it shall, at a minimum, include the following:
(A) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the tax, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects consistent with the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-2-22; (B) The estimated or projected dollar amounts allocated for each transportation purpose from proceeds from the tax; (C) The procedures for distributing proceeds from the tax to qualified municipalities; (D) A schedule for distributing proceeds from the tax to qualified municipalities which shall include the priority or order in which transportation purposes will be fully or partially funded; (E) A provision that all transportation purposes included in the agreement shall be funded from proceeds from the tax except as otherwise agreed; (F) A provision that proceeds from the tax shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this part; and (H) Such other provisions as the county and qualified municipalities choose to address. (c)(1) If an intergovernmental agreement is entered into by the county and all qualified municipalities, the rate of the tax may be up to 1 percent. (2) If an intergovernmental agreement is not entered into by the county and all qualified municipalities, the maximum rate of the tax shall not exceed .75 percent and such rate shall be determined by the governing authority of the county. (d)(1) As soon as practicable after the meeting between the governing authorities of the county and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authority of the county shall by a majority vote on a resolution offered for such purpose submit the list of transportation purposes and the question of whether the tax should be approved to electors of the special district in the next scheduled election and shall notify the county election superintendent within the special district by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation purposes to be funded;

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(B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the tax; and (C) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years.

48-8-263. (a)(1) The ballot submitting the question of the imposition of the tax to the voters within the special district shall have written or printed thereon the following:
'( ) YES Shall a special ___ percent sales and use tax be imposed in the special district consisting of _______County for a period of time not to exceed
( ) NO _______ and for the raising of not more than an estimated amount of $_______ for transportation purposes?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the tax shall vote 'Yes,' and all persons opposed to imposing the tax shall vote 'No.' If more than one-half of the votes cast throughout the entire special district are in favor of imposing the tax, then the tax shall be imposed as provided in this part. (c) Where such question is not approved by the voters, the county may resubmit such question from time to time upon compliance with the requirements of this part. (d)(1) If the intergovernmental agreement, if applicable, and proposal include the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as

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specifically provided otherwise in this part. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county.

48-8-264. (a)(1) If the imposition of the tax is approved at the election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection.
(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the special district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single tax under this part shall be imposed within a special district. Any tax imposed under this part may, subject to the requirements of subsection (c) of Code Section 48-8-262, be imposed at a rate of up to 1 percent but shall not exceed 1 percent. Any tax imposed under this part at a rate of less than 1 percent shall be in an increment of .05 percent. (2) In any special district in which a tax is in effect under this part, proceedings may be commenced, while the tax is in effect, calling for the reimposition of the tax upon the termination of the tax then in effect; and an election may be held at the next scheduled election for this purpose while the tax is in effect. Such proceedings for the reimposition of a tax under this part shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect.

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(3) Following the expiration of a tax under this part, proceedings for the reimposition of a tax under this part may be initiated in the same manner as provided in this part for initial imposition of such tax.

48-8-265. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.

48-8-266. Each sales tax return remitting taxes collected under this part shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this part are collected and distributed according to situs of sale.

48-8-267. (a) The proceeds of the tax collected by the commissioner in each special district under this part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed:
(A) Pursuant to the terms of the intergovernmental agreement, if applicable; or (B) If no intergovernmental agreement has been entered into, in accordance with subsection (b) of this Code section. (b) In the event an intergovernmental agreement has not been entered into, then distribution of the proceeds shall be as follows:

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(1) The state auditor shall determine the most recent three fiscal years for which an audit under Code Section 36-81-7 has been made; (2) Utilizing the audit information under paragraph (1) of this subsection, the county and each qualified municipality shall receive a proportional amount of proceeds of the tax based upon the amount of expenditures made for transportation in the most recent three fiscal years. The proportional amount for the county and each qualified municipality shall be determined by dividing the average expended on transportation during the most recent three fiscal years by the county or qualified municipality by the aggregate average expended on transportation by the county and all qualified municipalities in the special district during the most recent three fiscal years. Amounts expended on transportation include transportation maintenance and operation costs and shall correspond with classifications and subclassifications specified in the local government uniform chart of accounts under subsection (e) of Code Section 36-81-3 within section 4200, including noncapital expenditures within sections 4210-4270, and shall be reported in the local government audit. Total general fund expenditures by the local government within these categories shall be specified in the footnotes of the audited financial statement. If such transportation expenditures include maintenance and operation costs to support local government airport and transit operations, reported in functions 7561 and 7563 of the uniform chart, the general fund costs for those functions shall be included in the footnotes of the local government's audited financial report; and (3) Following the determinations made pursuant to paragraph (2) of this subsection and at least 30 days prior to the referendum, the state auditor shall certify the appropriate distribution percentages to the commissioner and the commissioner shall utilize such percentages for the distribution of proceeds for the term of the tax.

48-8-268. (a) The proceeds of a tax under this part shall not be subject to any allocation or balancing of state and federal funds provided for by general law, and such proceeds shall not be considered or taken into account in any such allocation or balancing. (b) The approval of the tax under this part shall not in any way diminish the percentage of state or federal funds allocated to any of the local governments under Code Section 32-5-27 within the special district levying the tax. The amount of state or federal funds expended in the county or any qualified municipality within the special district shall not be decreased or diverted due to the use of proceeds from the tax levied under this part for transportation purposes that have a high priority in the state-wide strategic transportation plan.

48-8-269. (a) Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall not apply to:

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(1) The sale or use of any type of fuel used for off-road heavy-duty equipment, off-road farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 48-9-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this part, the tax imposed pursuant to this part shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this part shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3.

48-8-269.1. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the tax may be credited against the tax authorized to be imposed by this part upon the same property. If the amount of sales or use tax so paid is less than the amount of the tax due under this part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this part. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax under this part for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county.

48-8-269.2. No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier.

48-8-269.3. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax.

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48-8-269.4. Except as provided in Code Section 48-8-6, the tax authorized under this part shall be in addition to any other local sales and use tax. Except as otherwise provided in this part and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of a county to impose the tax authorized under this part, and the imposition of the tax authorized under this part shall not affect the imposition of any otherwise authorized local sales and use tax within the special district.

48-8-269.5. (a)(1) The proceeds received from the tax shall be used by the county and qualified municipalities within the special district exclusively for the transportation purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of any county or qualified municipality receiving proceeds of the tax and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each qualified municipality receiving any proceeds from the tax under this part shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
(b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the county will receive from the tax net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this part shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county. (c) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax,

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and, in that event, such proceeds shall be solely for such purpose except as otherwise provided in subsection (f) of this Code section. (d) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the purpose or purposes for which the proceeds will be used.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and purposes stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects and purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement, if applicable. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-264 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county or qualified municipality within the special district other than indebtedness incurred pursuant to this part. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county or qualified municipality, it being the intent that any funds so paid into the general fund of such county or qualified municipality be used for the purpose of reducing ad valorem taxes.

48-8-269.6. Not later than December 31 of each year, the governing authority of each county and each qualified municipality receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such county or municipality, a simple, nontechnical report which shows for each purpose in the resolution

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calling for the imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the county or qualified municipality intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose.

Part 2

48-8-269.7. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts created. (b) The provisions of this part shall only be applicable to special districts in which:
(1) A tax is currently being levied and collected pursuant to a local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; and (2) Eighty percent or more of the geographic area of the special district is located within one or more qualified municipalities as defined in paragraph (4) of Code Section 48-8-260. (c) Any special district in this state meeting the qualifications contained in subsection (b) of this Code section shall be known as a metropolitan county special district.

48-8-269.8. (a) After July 1, 2016, any part of a metropolitan county special district that is outside the boundaries of a metropolitan municipality special district, as provided for in Code Section 48-8-269.995, may, by following the procedures required by this part, impose for a limited period of time within such part of the metropolitan county special district a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes. (b) Prior to the issuance of the call for the referendum required by Code Section 48-8-269.9, the governing authority of the county in which the part of a metropolitan county special district that desires to levy a tax under this part is located shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within such part of the metropolitan county special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authority of such county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum and the rate of tax. The notice shall be delivered

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or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum.
(c)(1) Upon approval of the qualified municipalities or county representing at least 60 percent of the population of the part of the metropolitan county special district not within the boundaries of a metropolitan municipality special district, the governing authority of the county, unless there is a vote against the resolution by a majority plus one of the members of such governing authority of the county, shall sign a resolution offered for such purpose and shall submit the list of transportation purposes, as approved by the qualified municipalities or county representing at least 60 percent of the population of the part of the metropolitan county special district and the question of whether the tax should be approved to electors of the part of the metropolitan county special district not within the boundaries of a metropolitan municipality special district in the next scheduled election and shall notify the county election superintendent by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk and in the offices of the governing authorities of the qualified municipalities participating in the election. (2) The resolution authorized by paragraph (1) of this subsection shall describe:
(A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the tax; (C) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years; and (D) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the tax, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects consistent with the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-2-22.

48-8-269.9. (a)(1) The ballot submitting the question of the imposition of the tax to the voters within the part of the metropolitan county special district shall have written or printed thereon the following:

'( ) YES Shall an additional ___ percent sales tax be collected in part of ________ County ________ for _______ years for the purpose of transportation
( ) NO improvements and congestion reduction?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:

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'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the tax shall vote 'Yes,' and all persons opposed to imposing the tax shall vote 'No.' If more than one-half of the votes cast throughout the part of the metropolitan county special district are in favor of imposing the tax, then the tax shall be imposed as provided in this part. (c) Where such question is not approved by the voters, the metropolitan county special district may resubmit such question from time to time upon compliance with the requirements of this part. (d)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this part. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county.

48-8-269.91. (a)(1) If the imposition of the tax is approved at the election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters.

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(2) With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the metropolitan county special district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single tax under this part shall be imposed within a metropolitan county special district. Any tax imposed under this part may be imposed at a rate of up to .75 percent. Any tax imposed under this part at a rate of less than .75 percent shall be in an increment of .05 percent. (2) In any metropolitan county special district in which a tax is currently being levied and collected pursuant to a local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment, and such tax is levied at a percentage over 1 percent, then the combined amount of the percentage over 1 percent of such tax and the tax levied pursuant to this part shall not exceed 1 percent. (3) In any metropolitan county special district in which a tax is in effect under this part, proceedings may be commenced, while the tax is in effect, calling for the reimposition of the tax upon the termination of the tax then in effect; and an election may be held at the next scheduled election for this purpose while the tax is in effect. Such proceedings for the reimposition of a tax under this part shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (4) Following the expiration of a tax under this part, proceedings for the reimposition of a tax under this part may be initiated in the same manner as provided in this part for initial imposition of such tax.

48-8-269.92. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the part of the metropolitan county special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided,

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however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the metropolitan county special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.

48-8-269.93. Each sales tax return remitting taxes collected under this part shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this part are collected and distributed according to situs of sale.

48-8-269.94. The proceeds of the tax collected by the commissioner in each metropolitan county special district under this part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed pursuant to the terms of an intergovernmental agreement.

48-8-269.95. (a) The proceeds of a tax under this part shall not be subject to any allocation or balancing of state and federal funds provided for by general law, and such proceeds shall not be considered or taken into account in any such allocation or balancing. (b) The approval of the tax under this part shall not in any way diminish the percentage of state or federal funds allocated to any of the local governments under Code Section 32-5-27 within the metropolitan county special district levying the tax. The amount of state or federal funds expended in the county or any qualified municipality within the metropolitan county special district shall not be decreased or diverted due to the use of proceeds from the tax levied under this part for transportation purposes that have a high priority in the state-wide strategic transportation plan.

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48-8-269.96. (a) Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall not apply to:
(1) The sale or use of any type of fuel used for off-road heavy-duty equipment, off-road farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 48-9-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this part, the tax imposed pursuant to this part shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this part shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3.

48-8-269.97. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the tax may be credited against the tax authorized to be imposed by this part upon the same property. If the amount of sales or use tax so paid is less than the amount of the tax due under this part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this part. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax under this part for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the metropolitan county special district.

48-8-269.98. No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier.

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48-8-269.99. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax.

48-8-269.991. Except as provided in Code Section 48-8-6, the tax authorized under this part shall be in addition to any other local sales and use tax. Except as otherwise provided in this part and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a metropolitan county special district shall not affect the authority of a metropolitan county special district to impose the tax authorized under this part, and the imposition of the tax authorized under this part shall not affect the imposition of any otherwise authorized local sales and use tax within the metropolitan county special district.

48-8-269.992. (a)(1) The proceeds received from the tax shall be used by the county and qualified municipalities within the part of the metropolitan county special district levying the tax exclusively for the transportation purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of any county or qualified municipality receiving proceeds of the tax and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each qualified municipality receiving any proceeds from the tax under this part shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
(b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the county will receive from the tax net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this part shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such debt, however, shall constitute a pledge of the

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full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county. (c) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax, and, in that event, such proceeds shall be solely for such purpose except as otherwise provided in subsection (f) of this Code section. (d) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the purpose or purposes for which the proceeds will be used.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the metropolitan county special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and purposes stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects and purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement, if applicable. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-269.91 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county or qualified municipality within the metropolitan county special district other than indebtedness incurred pursuant to this part. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county or qualified municipality, it being the intent that any funds so paid into the

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general fund of such county or qualified municipality be used for the purpose of reducing ad valorem taxes.

48-8-269.993. Not later than December 31 of each year, the governing authority of the county and each qualified municipality receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such metropolitan county special district, a simple, nontechnical report which shows for each purpose in the resolution calling for the imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the metropolitan county special district intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose.

Part 3

48-8-269.994. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts created. (b) The provisions of this part shall only be applicable to special districts in which:
(1) A tax is currently being levied and collected by a municipality that is specifically authorized to levy such tax pursuant to a local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; and (2) Such municipality contains within its boundaries 15 percent or more of the geographic area of a metropolitan county special district. (c) The territory of any municipality in this state meeting the qualifications contained in subsection (b) of this Code section shall be a metropolitan municipality special district, the geographic boundary of which shall be coterminous with the geographic boundary of such municipality.

48-8-269.995. (a) After July 1, 2016, any metropolitan municipality special district may, by following the procedures required by this part, impose for a limited period of time within such metropolitan municipality special district a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes.
(b)(1) Prior to the issuance of the call for the referendum required by Code Section 48-8-269.996, the governing authority of the metropolitan municipality special

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district that desires to levy a tax under this part shall by a majority vote on a resolution offered for such purpose approve the submission of a list of transportation purposes and the question of whether the tax should be approved to the governing authority of the county in which the metropolitan municipality special district is located. In the event a metropolitan municipality special district is located in more than one county, such resolution shall be forwarded to the governing authority of the county which contains the highest percentage of the geographic area of the metropolitan municipality special district. The governing authority of the county, unless there is a vote against the resolution by a majority plus one of the members of such governing authority of the county, shall sign a resolution offered for such purpose and shall notify the county election superintendent by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax and for the proposal to be presented to the qualified voters in the metropolitan municipality special district at the next scheduled election. Such resolution, or a digest thereof, shall be available during regular business hours in the office of the county clerk and in the offices of the metropolitan municipality special district calling for the election. (2) The resolution authorized by paragraph (1) of this subsection shall describe:
(A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the tax; (C) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years; and (D) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the tax, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects consistent with the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-2-22.

48-8-269.996. (a)(1) The ballot submitting the question of the imposition of the tax to the voters within the metropolitan municipality special district shall have written or printed thereon the following:
'( ) YES Shall an additional ___ percent sales tax be collected in the City of ________ for _______ years for the purpose of transportation
( ) NO improvements and congestion reduction?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:

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'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ the municipality in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from municipal funds. All persons desiring to vote in favor of imposing the tax shall vote 'Yes,' and all persons opposed to imposing the tax shall vote 'No.' If more than one-half of the votes cast throughout the metropolitan municipality special district are in favor of imposing the tax, then the tax shall be imposed as provided in this part. (c) Where such question is not approved by the voters, the metropolitan municipality special district may resubmit such question from time to time upon compliance with the requirements of this part. (d)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the municipality; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the municipality may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this part. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the municipality.

48-8-269.997. (a)(1) If the imposition of the tax is approved at the election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters.

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(2) With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the metropolitan municipality special district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single tax under this part shall be imposed within a metropolitan municipality special district. Any tax imposed under this part may be imposed at a rate of up to .75 percent. Any tax imposed under this part at a rate of less than .75 percent shall be in an increment of .05 percent. (2) In any metropolitan municipality special district in which a tax is currently being levied and collected pursuant to a local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment, and such tax is levied at a percentage over 1 percent, then the combined amount of the percentage over 1 percent of such tax and the tax levied pursuant to this part shall not exceed 1 percent; (3) In any metropolitan municipality special district in which a tax is in effect under this part, proceedings may be commenced, while the tax is in effect, calling for the reimposition of the tax upon the termination of the tax then in effect; and an election may be held at the next scheduled election for this purpose while the tax is in effect. Such proceedings for the reimposition of a tax under this part shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (4) Following the expiration of a tax under this part, proceedings for the reimposition of a tax under this part may be initiated in the same manner as provided in this part for initial imposition of such tax.

48-8-269.998. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the metropolitan municipal special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each

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taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the metropolitan municipal special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.

48-8-269.999. Each sales tax return remitting taxes collected under this part shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this part are collected and distributed according to situs of sale.

48-8-269.9991. The proceeds of the tax collected by the commissioner in each metropolitan municipality special district under this part shall be disbursed as soon as practicable after collection; provided, however, that 1 percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration.

48-8-269.9992. (a) The proceeds of a tax under this part shall not be subject to any allocation or balancing of state and federal funds provided for by general law, and such proceeds shall not be considered or taken into account in any such allocation or balancing. (b) The approval of the tax under this part shall not in any way diminish the percentage of state or federal funds allocated to any municipality under Code Section 32-5-27. The amount of state or federal funds expended in the metropolitan municipality special district shall not be decreased or diverted due to the use of proceeds from the tax levied under this part for transportation purposes that have a high priority in the state-wide strategic transportation plan.

48-8-269.9993. (a) Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall not apply to:

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(1) The sale or use of any type of fuel used for off-road heavy-duty equipment, off-road farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 48-9-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this part, the tax imposed pursuant to this part shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this part shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3.

48-8-269.9994. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the tax may be credited against the tax authorized to be imposed by this part upon the same property. If the amount of sales or use tax so paid is less than the amount of the tax due under this part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this part. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax under this part for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a metropolitan municipality special district which includes the county.

48-8-269.9995. No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the metropolitan county special district in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier.

48-8-269.9996. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax.

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48-8-269.9997. Except as provided in Code Section 48-8-6, the tax authorized under this part shall be in addition to any other local sales and use tax. Except as otherwise provided in this part and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a metropolitan municipality special district shall not affect the imposition of any otherwise authorized local sales and use tax within the metropolitan municipality special district.

48-8-269.9998. (a)(1) The proceeds received from the tax shall be used by the metropolitan municipality special district levying the tax exclusively for the transportation purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the municipality receiving proceeds of the tax and shall not in any manner be commingled with other funds. (2) The governing authority of any municipality receiving any proceeds from the tax under this part shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
(b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the municipal governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the municipality will receive from the tax net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this part shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the municipality. (c) The resolution calling for the imposition of the tax may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax, and, in that event, such proceeds shall be solely for such purpose except as otherwise provided in subsection (f) of this Code section. (d) The resolution calling for the imposition of the tax may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The resolution shall specifically state the other

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purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The resolution shall specifically state the purpose or purposes for which the proceeds will be used.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the metropolitan municipality special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and purposes stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects and purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-269.997 by reason of denial of validation of debt, then all net proceeds received by the metropolitan municipality special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the metropolitan municipality special district other than indebtedness incurred pursuant to this part. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such municipality, it being the intent that any funds so paid into the general fund of such municipality be used for the purpose of reducing ad valorem taxes.

48-8-269.9999. Not later than December 31 of each year, the governing authority of the municipality receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such municipality, a simple, nontechnical report which shows for each purpose in the resolution calling for the imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the municipality intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose."

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PART III Effective Date; General Repealer.
SECTION 3-1.

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

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

Approved April 26, 2016.

__________

COURTS DOMESTIC RELATIONS PLACEMENT OF CHILDREN.

No. 337 (House Bill No. 887).

AN ACT

To provide for the placement of children under certain circumstances; to amend Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize the placement of a child with an adult who is a relative or fictive kin when such individual is qualified to care for such child and it is in the best interests of the child; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the creation, authorization, procedure, revocation, recision, and termination of a power of attorney from a parent, guardian, or legal custodian of a child to a kinship caregiver for the temporary delegation of certain power and authority for the care and custody of a child; to provide a short title; to provide for and correct a definition; to provide for procedure; 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:

PART I SECTION 1-1. Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings, is amended by revising subsection (e) of Code Section 15-11-135, relating to placement in eligible foster care, as follows:

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"(e) In any case in which a child is taken into protective custody of DFCS: (1) DFCS shall give preference for placement to an adult who is a relative or fictive kin over a nonrelated caregiver, provided that the such relative or fictive kin has met all requirements for a DFCS relative or fictive kin placement and such placement is in the best interests of the child; and (2) 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."

SECTION 1-2. Said article is further amended by revising paragraph (3) of subsection (b) of Code Section 15-11-146, relating to preliminary protective hearing and findings, as follows:
"(3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. DFCS shall prioritize temporary placement with an adult who is a relative or fictive kin, provided that such individual has met DFCS's requirements for relative placement and such temporary placement is in the best interests of such child."

SECTION 1-3. Said article is further amended by revising subparagraph (a)(2)(A) of Code Section 15-11-212, relating to disposition of a dependent child, as follows:
"(A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for such child, provided that priority for placement is given to an adult who is a relative or fictive kin;"

SECTION 1-4. Article 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by revising subsection (a) of Code Section 15-11-321, relating to custody of child following termination proceedings or surrender of parental rights, as follows:
"(a) When a court enters an order terminating the parental rights of a parent or accepts a parent's voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child's court approved permanency

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plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in a child's best interests, the court shall initially attempt to place the child with an adult who is a relative or fictive kin, if such individual is willing and found by the court to be qualified to receive and care for such child. In determining which placement is in a child's best interests, the court shall enter findings of fact reflecting its consideration of the following:
(1) Such child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement for such child; (3) Such child's sense of attachment and need for continuity of relationships; (4) The value of biological and familial connections; and (5) Any other factors the court deems relevant to its determination."

PART II SECTION 2-1.

The General Assembly finds that: (1) From time to time, parents experience short-term difficulties that impair their ability to perform the regular and expected functions to provide care and support to their children; (2) Parents need a means to confer to a relative or fictive kin the temporary authority to act on behalf of a child without the time and expense of a court proceeding or the involvement of the Division of Family and Children Services of the Department of Human Services; and (3) Providing a statutory mechanism for granting such authority enhances family preservation and stability.

SECTION 2-2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new article to Chapter 9, relating to child custody proceedings, to read as follows:

"ARTICLE 5

19-9-140. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.'

19-9-141. As used in this article, the term:
(1) 'Child' means an unemancipated individual who is under 18 years of age.

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(2) 'Fictive kin' shall have the same meaning as provided in Code Section 15-11-2. (3) 'Guardian' means an individual appointed pursuant to a court order establishing a permanent guardianship for a child. (4) 'Kinship caregiver' means a grandparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child or a fictive kin who resides in this state. (5) 'Legal custodian' shall have the same meaning as provided in Code Section 15-11-2. (6) 'Parent' shall have the same meaning as provided in Code Section 19-3-37.

19-9-142. (a) A parent, guardian, or legal custodian of a child may delegate caregiving authority regarding such child to a kinship caregiver for a period not to exceed one year, except as provided in Code Section 19-9-150, by executing a power of attorney that substantially complies with this article. A parent, guardian, or legal custodian of a child may delegate to an agent in such power of attorney any power and authority regarding the care and custody of such child, except the power to consent to the marriage or adoption of such child, the performance or inducement of an abortion on or for such child, or the termination of parental rights to such child. Such power and authority may be delegated without the approval of a court, provided that such delegation of power and authority shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order, including a standing order, or deprive a parent, guardian, or legal custodian of a child of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of such child. Such delegation of power and authority shall not deprive or limit any support for a child that should be received by such child pursuant to a court order or for any other reason. When support is being collected for the child by the Child Support Enforcement Agency of the Department of Human Services, such agency shall be authorized to redirect support payments to the agent until such time as the child returns to the individual executing a power of attorney under this article. No power of attorney shall be executed during the pendency of a divorce or custody action. (b) Except as limited by federal law, this article, or the direction of a parent, guardian, or legal custodian of a child as expressed in the power of attorney, an agent shall have the same rights, duties, and responsibilities that would otherwise be exercised by such parent, guardian, or legal custodian of a child pursuant to the laws of this state. (c) An agent shall acknowledge in writing his or her acceptance of the responsibility for caring for a child for the duration of the power of attorney. An agent shall certify that he or she is not currently on the state sexual offender registry of this state or the sexual offender registry for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor has he or she ever been required to register for any such registry. Such certification shall include a criminal background check if requested by the individual executing the power of attorney. (d) The agent under a power of attorney shall act in the best interests of the child. Such agent shall not be liable to the individual executing the power of attorney for consenting

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or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interests of the child.
(e)(1) The agent under a power of attorney shall have the right to enroll the child in a public school serving the area where the agent resides and may enroll the child in a private school, pre-kindergarten program, or home study program. (2) A public school shall allow such agent with a power of attorney executed under this article to enroll a child. (3) At the time of enrollment, the agent shall provide to such public school such residency documentation as is customary in that school system. (4) A public school shall not unreasonably deny enrollment of a child. If a public school denies enrollment of a child by an agent, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school system, including all of the remedies otherwise available when enrollment is denied to a child.

19-9-143. (a) At least 30 days prior to executing a power of attorney under this article:
(1) An individual with sole custody of a child who intends to execute such power of attorney shall provide written notice of such intention to the noncustodial parent by certified mail or statutory overnight delivery, return receipt requested. Such notice shall constitute a change in material conditions or circumstances for the purpose of a child custody modification proceeding; and (2) An individual who is a guardian or legal custodian of a child who intends to execute such power of attorney shall provide written notice to the child's parents by certified mail or statutory overnight delivery, return receipt requested. (b) An individual receiving the notice set forth in subsection (a) of this Code section may object to the execution of such power of attorney within 21 days of the delivery of such notice and shall serve his or her objection on the individual intending to execute such power of attorney by certified mail or statutory overnight delivery, return receipt requested. An objection shall prohibit the execution of a power of attorney under this article. (c) In addition to the notice provided in subsection (a) of this Code section, a parent with sole custody of a child who executes a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3.

19-9-144. Nothing in this article shall preclude a parent, guardian, legal custodian, or agent from granting temporary written permission to seek emergency medical treatment or other services for a child while such child is in the custody of an adult who is not the parent, guardian, legal custodian, or agent and who is temporarily supervising the child at the request of such parent, guardian, legal custodian, or agent.

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19-9-145. (a) Except as may be permitted by the federal Every Student Succeeds Act (P.L. 114-95), an individual executing a power of attorney under this article shall swear or affirm under penalty of law that such action is not being taken for the purpose of enrolling the child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with state law and may require, in addition to any other remedies, repayment by such parent, guardian, or legal custodian of all costs incurred by the school as a result of the violation. (b) An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department of Human Services and shall not execute such power of attorney so long as the Division of Family and Children Services of the Department of Human Services has an open child welfare and youth services case with regard to the parent, guardian, or legal custodian, the child, or another child of the parent.

19-9-146. A power of attorney executed under this article shall be signed and acknowledged before a notary public by the parent, guardian, or legal custodian executing such power of attorney and by the agent accepting such delegation.

19-9-147. (a)(1) An agent shall have the authority to act on behalf of the minor child on a continuous basis, without compensation, and shall not be subject to any provision concerning the licensing or regulation of foster care homes for the duration of the power of attorney so long as the duration does not exceed the length of time authorized in Code Sections 19-9-142 and 19-9-150 or until the individual who executed the power of attorney revokes the power of attorney in writing and provides notice of the revocation to the agent as provided in this Code section. (2) An agent shall have the authority to act on behalf of the child until a copy of the revocation of the power of attorney is received by certified mail or statutory overnight delivery, return receipt requested, and upon receipt of the revocation, the agent shall cease to act as agent. (3) The individual revoking the power of attorney shall send a copy of the revocation of the power of attorney to the agent within five days of the execution of the revocation by certified mail or statutory overnight delivery, return receipt requested. If an individual revokes the power of attorney, the child shall be returned to the custody of the individual who granted the power of attorney as soon as reasonably possible. (4) The revoking individual shall notify the school, health care providers, and others known to the revoking individual to have relied upon such power of attorney.

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(b) The power of attorney executed under this article may also be terminated by any order of a court of competent jurisdiction. (c) The agent shall notify the school, health care providers, and others known to the agent to have relied upon such power of attorney. (d) An agent may resign by notifying the individual who appointed the agent in writing by certified mail or statutory overnight delivery, return receipt requested. (e) Upon the death of the authorizing individual, the agent shall notify the parents of the child, if possible, as soon as practicable. (f) The authority to designate an agent to act on behalf of a minor child is in addition to any other lawful action an individual may take for the benefit of such minor child. (g) A parent shall continue to have the right to medical, dental, mental health, and school records pertaining to the minor child, even when a power of attorney has been executed under this article.

19-9-148. The execution of a power of attorney under this article shall not constitute abandonment under Code Section 19-10-1 nor be reportable as child abuse or neglect under Code Section 19-7-5 unless the individual who executed such power of attorney fails to take custody of the child or execute a new power of attorney under this article after the expiration or revocation of the power of attorney.

19-9-149. (a) A child subject to a power of attorney executed under this article shall not be considered placed in foster care under Chapter 5 of Title 49, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. (b) An agent who has been delegated caregiving authority under this article shall not be subject to the requirements of any other child care facility or foster care licensing provisions, and such delegation shall not constitute an out-of-home child placement. (c) This article shall not be construed to exempt a person from the requirements of Chapter 5 of Title 49 regarding the licensing and inspection of child welfare agencies if such person fails to have evidence of a power of attorney executed under this article.

19-9-150. Except as limited by or in conflict with federal law regarding the armed forces of the United States, a parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on

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state active duty, may delegate caregiving authority for a period longer than one year if such parent is deployed as defined in Code Section 19-9-6. Such term of delegation, however, shall not exceed the term of deployment plus 30 days.

19-9-151. (a) The power of attorney contained in this Code section may be used for the temporary delegation of caregiving authority to an agent. The form contained in this Code section shall be sufficient for the purpose of creating a power of attorney under this article, provided that nothing in this Code section shall be construed to require the use of this particular form. (b) A power of attorney shall be legally sufficient if the form is properly completed and the signatures of the parties are notarized. (c) The power of attorney delegating caregiving authority of a child shall be in substantially the following form:

'FORM FOR POWER OF ATTORNEY TO DELEGATE PARENTAL, GUARDIAN, OR LEGAL CUSTODIAN POWER AND AUTHORITY FOR THE CARE OF A MINOR CHILD

NOTICE: (1) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE INDIVIDUAL WHO YOU DESIGNATE (THE AGENT) POWERS TO CARE FOR YOUR MINOR CHILD, INCLUDING THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR SCHOOL ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE CHILD; HAVE ACCESS TO RECORDS RELATED TO SUCH TREATMENT OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILD'S FOOD, LODGING, RECREATION, AND TRAVEL; AND HAVE ANY ADDITIONAL POWERS AS SPECIFIED BY THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY. (2) THE AGENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE CHILD'S BEST INTERESTS AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY SPECIFIED IN THIS FORM. (3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT IF IT FINDS THAT THE AGENT IS NOT ACTING PROPERLY. (4) THE AGENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD FOR THE PERIOD SET FORTH IN THIS FORM UNLESS THE PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION TO THE AGENT OR UNTIL A

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COURT OF COMPETENT JURISDICTION TERMINATES THIS POWER OF ATTORNEY. (5) THE AGENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH RESIGNATION TO THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY. (6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING. IF THIS POWER OF ATTORNEY IS REVOKED, THE REVOKING INDIVIDUAL SHALL NOTIFY THE AGENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY TO HAVE RELIED UPON SUCH POWER OF ATTORNEY. (7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD made this ______ day of _________________, 20____.

1. I certify that I am the parent, guardian, or legal custodian of:

____________________________________________________

(Full name of child)

(Date of birth)

2. I designate _______________________________________, (Full name of agent)
____________________________________________________ (Street address, city, state, and ZIP Code of agent)
____________________________________________________, (Home and work phone numbers of agent)

as the agent of the child named above.

3. Sign by the statement you wish to choose (you may only choose one):

(A) ___________________________ (Signature) I delegate to the agent all my power and authority regarding the care and custody of the child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, attend school activities and other functions concerning the child, and give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.

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OR

(B) ___________________________ (Signature) I delegate to the agent the following specific powers and responsibilities (write in): ____________________________________________________________________

This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.

4. Initial by the statement you wish to choose (you may only choose one) and complete the information in the paragraph:

(A) ________ (Initials) This power of attorney is effective for a period not to exceed one year, beginning _____________, 20___, and ending _____________, 20___. I reserve the right to revoke this power and authority at any time.

OR

(B) ________ (Initials) I am a parent as described in O.C.G.A. 19-9-150. My deployment is scheduled to begin on _____________, 20___, and is estimated to end on _____________, 20___. I acknowledge that in no event shall this delegation of power and authority last more than one year or the term of my deployment plus 30 days, whichever is longer. I reserve the right to revoke this power and authority at any time.

5. Except as may be permitted by the federal Every Student Succeeds Act (P.L. 114-95), I hereby swear or affirm under penalty of law that this power of attorney is not being executed for the purpose of enrolling a child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose.

6. I hereby swear or affirm under penalty of law that I provided the notice required by O.C.G.A. 19-9-143 and received no objection in the required time period.

By: _______________________________________ (Parent, guardian, or legal custodian signature)
__________________________________________ (Relationship to child)
__________________________________________ (Printed name)

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7. I hereby accept my designation as agent for the child specified in this power of attorney and by doing so acknowledge my acceptance of the responsibility for caring for such child for the duration of this power of attorney. Furthermore, I hereby certify that:
(A) I am not currently on the state sexual offender registry of this state or the sexual offender registry for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor have I ever been required to register for any such registry; (B) I have provided a criminal background check to the individual designating me as an agent, if it was requested; (C) I understand that I have the authority to act on behalf of the minor child for the period set forth in this form or until the power of attorney is revoked in writing and notice is provided to me as provided in O.C.G.A. 19-9-147; (D) I understand that if I am made aware of the death of the individual who executed the power of attorney, I must notify the parent of the child, if known, as soon as practicable; and (E) I may resign as agent by notifying the individual who executed the power of attorney in writing by certified mail or statutory overnight delivery, return receipt requested.

_____________________________ (Agent signature)

_____________________________ (Printed name)

State of Georgia County of ____________________

ACKNOWLEDGMENT

Before me, the undersigned, a Notary Public, in and for said County and State on this _____ day of ____________, 20____, personally appeared ____________________ (name of parent, guardian, or legal custodian) and ______________________ (name of agent), to me known to be the identical persons who executed this instrument and acknowledged to me that each executed the same as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument. Witness my hand and official seal the day and year above written.

_____________________________ (Notary Public signature) (Seal) My commission expires: _________'"

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PART III SECTION 3-1.

Said title is further amended by revising subparagraph (a)(2)(B) of Code Section 19-3-37, relating to parental consent to marriage of underage applicants, as follows:
"(B) The individual who has sole custody if the parents are divorced, separated, or widowed; or"

PART IV SECTION 4-1.

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

Approved April 26, 2016.

__________

LAW ENFORCEMENT OFFICERS AND AGENCIES COMPASSIONATE CARE FOR VICTIMS OF SEXUAL ASSAULT ACT.

No. 338 (Senate Bill No. 304).

AN ACT

To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to provide requirements for submitting certain evidence collected from a forensic medical examination to the Georgia Bureau of Investigation; to provide for definitions; to provide for procedure; to provide for reporting; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Compassionate Care for Victims of Sexual Assault Act."

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SECTION 2.

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 revising Code Section 35-1-2, which was previously reserved, as follows:
"35-1-2. (a) As used in this Code section, the term:
(1) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (2) 'Medical examination' means an examination pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2. (b) When a forensic medical examination is performed, evidence is collected, and the alleged victim has requested that law enforcement officials be notified, the individual performing such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence and provide a summary of all rights guaranteed to the alleged victim pursuant to the Crime Victims' Bill of Rights established pursuant to Code Section 17-17-1, et seq., as provided by the Criminal Justice Coordinating Council. At the time of the examination, no alleged victim shall be required to assign or waive any rights afforded to them in the Crime Victims' Bill of Rights or that might prevent the alleged victim from seeking relief from the Crime Victims Compensation Board. Law enforcement officials shall take possession of such evidence no later than 96 hours of being notified. (c) It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in subsection (b) of this Code section to ensure that such evidence is submitted to the division within 30 days of it being collected, in accordance with the procedures established by the division. (d) When a forensic medical examination was performed before July 1, 2016, evidence was collected, and the alleged victim requested that law enforcement officials be notified, the individual who performed such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence on or before July 15, 2016, and law enforcement officials shall take possession of such evidence on or before July 31, 2016. It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in this Code section to ensure that such evidence is submitted to the division by August 31, 2016, in accordance with the procedures established by the division. (e) It shall be the duty of every law enforcement agency to create a list of evidence resulting from a forensic medical examination that is in such agency's possession on August 1, 2016, identifying such evidence as needing to be tested and submitting such listing of information to the division by August 15, 2016. (f) A failure to comply with the provisions of this Code section shall not affect the admissibility of evidence collected from a forensic medical examination.

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(g) Beginning December 1, 2016, the division shall issue an annual report detailing the number of cases for which it has tested evidence pursuant to this Code section and the number of cases that are awaiting testing. Such report shall be provided to the executive counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant Governor, the members of the House Committee on Judiciary, Non-civil, the members of the Senate Judiciary, Non-civil Committee, the House Committee on Health and Human Services, and the Senate Health and Human Services Committee and posted online at the Georgia Bureau of Investigation's website."

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

Approved April 26, 2016.

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CONSERVATION AND NATURAL RESOURCES CONSTRUCTION AND IMPROVEMENT OF PUBLIC ROADS AND AIRPORTS; EXEMPT CERTAIN PROJECTS FROM ENVIRONMENTAL EVALUATION AND EFFECTS REPORTS.

No. 339 (Senate Bill No. 346).

AN ACT

To amend Article 1 of Chapter 16 of Title 12 of the Official Code of Georgia Annotated, the "Environmental Policy Act," so as to exempt certain projects for the construction or improvement of public roads or airports from environmental evaluation and environmental effects reports in certain instances; 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 16 of Title 12 of the Official Code of Georgia Annotated, the "Environmental Policy Act," is amended by adding a new Code section to read as follows:
"12-16-9. When a project of a department, municipality, county, or authority to construct or improve a public road or airport does not exceed $100 million in costs, such project shall not constitute a proposed governmental action which may significantly adversely affect the quality of the environment and the requirements of this article shall not be applicable,

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except that an environmental evaluation shall be considered in the decision-making process, consistent with paragraph (3) of Code Section 12-16-2, when it is probable to expect significant adverse impact on historical sites or buildings and cultural resources."

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

Approved April 26, 2016.

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HIGHWAYS, BRIDGES, AND FERRIES COMMERCIAL ADVERTISEMENTS BY TRANSIT AGENCIES.

No. 340 (Senate Bill No. 307).

AN ACT

To amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and authorization of commercial advertisements by a transit agency, so as to provide for definitions relative to advertising; to provide for applicability in relation to other requirements of the article; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and authorization of commercial advertisements by a transit agency, is amended by revising paragraph (1) of subsections (d) and (g) and adding a new subsection to read as follows:
"(d)(1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) 'Commercial advertisements' means any printed or painted signs or multiple media displays on a bus shelter for which space has been rented or leased from the owner of such shelter.

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(C) 'Multiple media display' means a device by which the message, image, or text is capable of electronic alteration by movement or rotation of panels or slats." "(g)(1) As used in this subsection, the term: (A) 'Commercial advertisements' means any printed or painted signs or multiple media displays on or in transit vehicles or facilities for which space has been rented or leased from the owner of such transit vehicles or facilities. (B) 'Multiple media display' means a device by which the message, image, or text is capable of electronic alteration by movement or rotation of panels or slats. (C) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state including, but not limited to, the Department of Transportation, the Georgia Regional Transportation Authority, and the Georgia Rail Passenger Authority. (D) 'Transit vehicles or facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services." "(h) Multiple media displays authorized pursuant to this Code section shall comply with the operational standards for multiple message signs provided for in Part 2 of this article but shall not be required to comply with any spacing requirements provided for in such part and multiple media displays shall not be considered in regard to the spacing requirements provided for in Code Section 32-6-75 as to the placement of any multiple message sign."

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

Approved April 26, 2016.

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INSURANCE INSURERS TO MAINTAIN ACCURATE PROVIDER DIRECTORIES.

No. 341 (Senate Bill No. 302).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require certain insurers to maintain accurate provider directories; to provide for definitions; to provide for electronic and printed provider directories; to require certain information in provider directories; to provide for related matters; to provide for exemptions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows:

"CHAPTER 20C

33-20C-1. As used in this chapter, the term:
(1) 'Covered person' means a policyholder, subscriber, enrollee or other individual participating in a health benefit plan. (2) 'Facility' means an institution providing physical, mental, or behavioral health care services or a health care setting, including, but not limited to, hospitals; licensed inpatient centers; ambulatory surgical centers; skilled nursing facilities; residential treatment centers; diagnostic, treatment, or rehabilitation centers; imaging centers; and rehabilitation and other therapeutic health settings. (3) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into, offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a standalone dental plan. (4) 'Health care professional' means a physician or other health care practitioner licensed, accredited, or certified to perform specified physical, mental, or behavioral health care services consistent with his or her scope of practice under state law. (5) 'Health care provider' or 'provider' means a health care professional, pharmacy, or facility. (6) 'Health care services' means services for the diagnosis, prevention, treatment, cure, or relief of a physical, mental, or behavioral health condition, illness, injury, or disease, including mental health and substance abuse disorders. (7) 'Insurer' means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Commissioner, that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including an accident and sickness insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, a health care plan, or any other entity providing a health insurance plan, a health benefit plan, or health care services. (8) 'Network' means the group or groups of participating health care providers providing services under a network plan. (9) 'Network plan' means a health benefit plan of an insurer that either requires a covered person to use health care providers managed by, owned by, under contract with, or employed by the insurer or that creates incentives, including financial incentives, for a covered person to use such health care providers.

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(10) 'Standalone dental plan' means a plan of an insurer that provides coverage substantially all of which is for treatment of the mouth, including any organ or structure within the mouth, which is provided under a separate policy, certificate, or contract of insurance or is otherwise not an integral part of a group benefit plan. (11) 'Tiers' or 'tiered network' means a network that identifies and groups some or all types of providers and facilities into specific groups to which different provider reimbursement, covered person cost sharing, or provider access requirements, or any combination thereof, apply for the same services.

33-20C-2. (a)(1) An insurer shall post on its website a current and accurate electronic provider directory for each of its network plans with the information described in Code Section 33-20C-4. Such online provider directory shall be easily accessible in a standardized, downloadable, searchable, and machine readable format. (2) In making the provider directory available online, the insurer shall ensure that the general public is able to view all of the current providers for a network plan through a clearly identifiable link or tab and without creating or accessing an account or entering a policy or contract number. (3) The insurer shall update each network plan on the online provider directory no less than every 30 days.
(b) An insurer shall provide a print copy of a current provider directory, or a print copy of the requested directory information, with the information described in Code Section 33-20C-5 upon request by a covered person or a prospective covered person. (c) For each network plan, an insurer shall include in plain language, in both the online and print directory, the following general information:
(1) A description of the criteria the insurer has used to build its provider network; (2) If applicable, a description of the criteria the insurer has used to tier providers; (3) If applicable, how the insurer designates the different provider tiers or levels, such as by name, symbols, or grouping, in the network and for each specific provider in the network, which tier each is placed in order for a covered person or a prospective covered person to be able to identify the provider tier; and (4) If applicable, a notice that authorization or referral may be required to access some providers. (d) The insurer shall make clear for both its online and print directories the provider directory that applies to each network plan by identifying the specific name of the network plan as marketed and issued in this state. (e) The insurer shall make available through its online and print directories the source of the information required pursuant to Code Sections 33-20C-4 and 33-20C-5 pertaining to each health care provider and any limitations, if applicable.

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(f) Provider directories, whether in electronic or print format, shall be accessible to individuals with disabilities and individuals with limited English proficiency as defined in 45 C.F.R. Section 92.201 and 45 C.F.R. Section 155.205(c).

33-20C-3. (a) The insurer shall include in both its online and print directories a clearly identifiable telephone number and either a dedicated email address or a link to a dedicated webpage that covered persons or the general public may use to report to the insurer inaccurate information listed in the provider directory. Whenever an insurer receives such a report, it shall promptly investigate such report and no later than 30 days following receipt of such report either verify the accuracy of the information or update the information, as applicable.
(b)(1) An insurer shall take appropriate steps to ensure the accuracy of the information concerning each provider listed in the insurer's provider directory and shall, no later than January 1, 2017, review and update the entire provider directory for each network plan offered. Thereafter, the insurer shall, at least annually, audit at least a reasonable sample size of its provider directories for accuracy, retain documentation of such an audit to be made available to the Commissioner upon request, and based on the results of such an audit, verify the accuracy of the information or update the information, if applicable. (2) The insurer shall notify any provider in its network that has not submitted claims to the insurer or otherwise communicated intent to continue participation in the insurer's network within a 12 month period. Such notice shall be accomplished in accordance with provisions of the contract entered into between the insurer and the provider regarding notice, if applicable. If the insurer does not receive a response from the provider within 30 days of such notification confirming that the information regarding the provider is current and accurate or, as an alternative, updating any information, the insurer shall remove the provider from the network; provided, however, that prior to removal, the insurer may use any other available information or means to determine if the provider is still participating in the insurer's network, including any means delineated in the contract entered into between the insurer and the provider. (c) The insurer shall report to the Commissioner, in accordance with timeframes and requirements established by the Commissioner: (1) The number of reports received pursuant to subsection (a) of this Code section, the timeliness of the insurer's response, and the corrective actions taken; and (2) All auditing reports conducted by the insurer pursuant to subsection (b) of this Code section. (d) In circumstances where the Commissioner finds that a covered person reasonably relied upon materially inaccurate information contained in an insurer's provider directory, the Commissioner may require the insurer to provide coverage for all covered health care services provided to the covered person and to reimburse the covered person for any amount that he or she would have paid, had the services been delivered by an in-network provider under the insurer's network plan; provided, however, that the Commissioner shall

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take into consideration that insurers are relying on health care providers to report changes to their information prior to requiring any reimbursement to a covered person. Prior to requiring reimbursement in these circumstances, the Commissioner shall conclude that the services received by the insurer were covered services under the covered person's network plan. In such circumstances, the fact that the services were rendered or delivered by a noncontracting or out-of-network provider shall not be used as a basis to deny reimbursement to the covered person.

33-20C-4. (a) The insurer shall make available through an online provider directory, for each network plan, the following information, in a searchable format:
(1) For health care professionals: (A) Name; (B) Gender; (C) Contact information; (D) Participating office location or locations; (E) Specialty, if applicable; (F) Board certifications, if applicable; (G) Medical group affiliations, if applicable; (H) Participating facility affiliations, if applicable; (I) Languages spoken other than English by the health care professional or clinical staff, if applicable; (J) Tier; and (K) Whether they are accepting new patients;
(2) For hospitals: (A) Hospital name; (B) Hospital type, such as acute, rehabilitation, children's, or cancer; (C) Participating hospital location; (D) Hospital accreditation status; and (E) Telephone number; and
(3) For facilities other than hospitals: (A) Facility name; (B) Facility type; (C) Types of services performed; (D) Participating facility location or locations; and (E) Telephone number.
(b) Paragraphs (2) and (3) of subsection (a) of this Code section shall not apply to standalone dental plans.

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33-20C-5. (a) The insurer shall make available in print, upon request, the following provider directory information for the applicable network plan:
(1) For health care professionals: (A) Name; (B) Contact information; (C) Participating office location or locations; (D) Specialty, if applicable; (E) Languages spoken other than English, if applicable; and (F) Whether accepting new patients;
(2) For hospitals: (A) Hospital name; (B) Hospital type, such as acute, rehabilitation, children's, or cancer; and (C) Participating hospital location and telephone number; and
(3) For facilities other than hospitals: (A) Facility name; (B) Facility type; (C) Types of services performed; and (D) Participating facility location or locations and telephone number.
(b) The insurer shall include a disclosure in the print directory that the information in subsection (a) of this Code section and included in the directory is accurate as of the date of printing and that covered persons or prospective covered persons should consult the insurer's electronic provider directory on its website or call a specified customer service telephone number to obtain current provider directory information.

33-20C-6. This chapter shall not apply to the provision of health care services pursuant to a contract entered into by an insurer and the Department of Community Health for recipients of Medicaid or PeachCare for Kids and the state health benefit plan under Article 1 of Chapter 18 of Title 45."

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

Approved April 26, 2016.

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HEALTH PALLIATIVE CARE INITIATIVES.

No. 342 (House Bill No. 509).

AN ACT

To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to implement initiatives to improve quality and delivery of patient centered and family focused palliative care in this state; to provide for legislative intent; to provide for definitions; to create the Georgia Palliative Care and Quality of Life Advisory Council; to establish a state-wide Palliative Care Consumer and Professional Information and Education Program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, is amended by revising Article 10, which is reserved, to read as follows:

"ARTICLE 10

31-7-190. The intent of the General Assembly in enacting this article is to improve quality and delivery of patient centered and family focused palliative care in this state.

31-7-191. As used in this article, the term:
(1) 'Commissioner' means the commissioner of community health. (2) 'Department' means the Department of Community Health. (3) 'Georgia Palliative Care and Quality of Life Advisory Council' or 'council' means the advisory council created pursuant to Code Section 31-7-192. (4) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; assisted living communities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers. (5) 'Palliative care' means those interventions which are intended to alleviate suffering and to achieve relief from, reduction of, or elimination of pain and of other physical,

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emotional, social, or spiritual symptoms of distress to achieve the best quality of life for the patients and their families.

31-7-192. (a) There is hereby created the Georgia Palliative Care and Quality of Life Advisory Council within the department. The council shall be composed of nine members, as follows:
(1) The chairperson of the House Committee on Health and Human Services, or his or her designee; (2) The chairperson of the Senate Health and Human Services Committee, or his or her designee; (3) Two members appointed by the Speaker of the House of Representatives; (4) Two members appointed by the President of the Senate; and (5) Three members appointed by the Governor. The appointing authorities are encouraged to coordinate their appointments so that the council includes interdisciplinary palliative care medical, nursing, social work, pharmacy, and spiritual professional expertise; patient and family caregiver advocate representation; and any relevant appointees from the department or other state entities or councils. Membership should include health professionals who have palliative care work experience or expertise in palliative care delivery models in a variety of inpatient, outpatient, and community settings, such as acute care, long-term care, or hospice, and with a variety of populations, including pediatric, youth, and adult patients. It is preferable that at least two councilmembers are board certified hospice and palliative medicine physicians or nurses. (b) Appointed councilmembers shall serve for a period of three years. The members shall elect a chairperson and vice chairperson from among their membership whose duties shall be established by the council. (c) The department shall fix a time and place for regular meetings of the council, which shall meet at least twice yearly. (d) Councilmembers shall receive no compensation for their services but shall be allowed actual and necessary expenses in the performance of their duties. Any legislative members of the council shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. If any members selected to serve on the council are state officials, other than legislative members, or are state employees, they shall receive no compensation for their services on the council, but shall be reimbursed for expenses incurred in the performance of their duties as members of the council in the same manner as reimbursements are made in their capacity as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments.

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(e) The council shall consult with and advise the department on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives in this state. (f) The council, no later than June 30, 2017, and annually thereafter, shall submit to the Governor and the General Assembly a report of its findings and recommendations.

31-7-193. (a) There is established a state-wide Palliative Care Consumer and Professional Information and Education Program within the department. (b) The purpose of the Palliative Care Consumer and Professional Information and Education Program shall be to maximize the effectiveness of palliative care initiatives in this state by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers, and health care facilities. (c) The department shall publish on its website information and resources, including links to external resources, about palliative care for the public, health care providers, and health care facilities. This shall include, but not be limited to, continuing educational opportunities for health care providers; information about palliative care delivery in the home, primary, secondary, and tertiary environments; best practices for palliative care delivery; and consumer educational materials and referral information for palliative care, including hospice. (d) The department shall consult with the Georgia Palliative Care and Quality of Life Advisory Council in implementing this Code section."

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

Approved April 26, 2016.

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FOOD, DRUGS, AND COSMETICS TEMPORARY MORATORIUM ON NEW NARCOTIC TREATMENT PROGRAMS; CREATE STATE COMMISSION ON
NARCOTIC TREATMENT PROGRAMS.

No. 343 (Senate Bill No. 402).

AN ACT

To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for a temporary moratorium on the issuance of new applications for licensure of narcotic treatment programs; to create the State

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Commission on Narcotic Treatment Programs; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the acceptance of applications for licensure of narcotic treatment programs for a certain period; to provide for exceptions; to provide legislative findings; 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. With respect to the licensure of narcotic treatment programs in this state, the General Assembly finds that:
(1) There is a vital need for narcotic treatment programs that provide adequate medical, counseling, vocational, educational, mental health assessment, and social services to patients enrolled in the narcotic treatment program with the goal of the individual achieving recovery; (2) There is a growing concern as to the numbers and concentration of narcotic treatment programs located in certain parts of this state and that concentration of such narcotic treatment programs is in cities along Georgia's borders with neighboring states; (3) There are reported and documented increases in heroin addiction and overdoses throughout this state; (4) There is a grave concern over the public's well-being concerning the potential abuses of methadone and its relationship to geographic proximity, the population being served, and whether patients are receiving adequate treatment; (5) Georgia is eighth in population but third nationally in the number of narcotic treatment programs; and (6) There is a need to study the narcotic treatment program licensure requirements and enforcement and other issues that may arise out of this study.

SECTION 2. Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by adding a new Code section to read as follows:
"26-5-21. (a) There is created the State Commission on Narcotic Treatment Programs to be composed of 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; five members to be appointed by the Governor to include the commissioner of community health or his or her designee, the commissioner of behavioral health and developmental disabilities or his or her designee, and three members who represent a cross section of interests of narcotic treatment program owners, pharmacists,

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and law enforcement. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the commission. Administrative support for the commission shall be provided by the staff of the Department of Community Health, as appropriate. (b) The legislative members of the commission shall be entitled to receive the compensation and allowances provided for in Code Section 28-1-8. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission but may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Members of the commission who are not legislators, state officials, or state employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21, as well as the mileage or transportation allowance authorized for state employees, and the funds for payment thereof shall come from funds of the Department of Community Health. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. (d) The commission shall perform the following by December 31, 2016:
(1) Examine the current narcotic treatment program licensure requirements for adequacy; (2) Assess how the current licensure requirements and enforcement of such requirements meet the purpose of providing adequate medical, counseling, vocational, educational, mental health assessment, and social services to patients enrolled in these programs and how these programs can be assessed for meeting the narcotic treatment program goal of the individual achieving recovery; (3) Determine if the geographic service areas are reasonable and based on an optimal balance between population density and service proximity and whether the sociodemographic in the service area and the projected population to receive services are being considered; (4) Determine the cause and effect of hospital admittance for overdose and incidents of suicide, if any, in relation to the adequate licensure and oversight of these programs; (5) Determine what legislative changes need to be made to licensure requirements of narcotic treatment programs or any other changes to the law to address concerns that arise out of this study; and (6) Solicit expert testimony on the efficacy of nonnarcotic, medically assisted treatments for narcotic dependence. (e) A temporary moratorium on the acceptance of new applications for licensure of narcotic treatment programs authorized under this chapter through June 30, 2017, would provide the General Assembly with time to study the need for any changes to the licensure requirements for the operation of such programs and the enactment of any other additional laws to ensure the safety of Georgia's citizens. New applications for licensure of narcotic

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treatment programs in this state shall be temporarily suspended starting from the effective date of this Code section through and including June 30, 2017, in order to permit the commission to complete its report and recommendations and to permit the General Assembly to act on those recommendations during the 2017 legislative session. (f) Between the effective date of this Code section and June 30, 2017, the department shall not accept any new applications for licensure of narcotic treatment programs. (g) The temporary suspension of new applications for licensure of narcotic treatment programs shall not affect applications pending on the effective date of this Code section, program renewals, program name changes, program location changes, or program ownership changes. (h) The commission shall stand abolished on January 1, 2017."

SECTION 3. This Act shall become effective on June 1, 2016.

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

Approved April 26, 2016.

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SOCIAL SERVICES CHILD ABUSE AND DEPRIVATION RECORDS; CONFIDENTIALITY.

No. 344 (House Bill No. 725).

AN ACT

To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide for greater confidentiality of child abuse records; to provide for and revise definitions; to change provisions relating to persons and agencies permitted access to records of child abuse; to provide for contents of a protective order; to provide for immunity for child advocacy centers in releasing child abuse records under certain circumstances; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as the "Child Abuse Records Protection Act."

SECTION 2. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, is amended by revising Code Section 49-5-40, relating to definitions for the article and confidentiality of records, as follows:
"49-5-40. (a) As used in this article, the term:
(1) 'Abused' means subjected to child abuse. (2) 'Child' means an individual under 18 years of age. (3) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent, guardian, legal custodian, or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent, guardian, legal custodian, or caretaker thereof; (C) Sexual abuse of a child; (D) Sexual exploitation of a child; or (E) Emotional abuse of a child. However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be abused. (4) 'Child advocacy center' means an entity which is operated for the purposes of investigating known or suspected child abuse and treating a child or a family that is the subject of a report of child abuse and which: (A) Has been created and supported through one or more intracommunity compacts between such center and:
(i) One or more law enforcement agencies within this state; any other state; the United States including its territories, possessions, and dominions; or a foreign nation; (ii) The office of the district attorney, Attorney General, or United States Attorney; (iii) A legally mandated public or private child protective agency within this state; any other state; the United States including its territories, possessions, and dominions; or a foreign nation; (iv) A mental health board within this state; any other state; the United States including its territories, possessions, and dominions; or a foreign nation; or (v) A community health service board within this state; any other state; the United States including its territories, possessions, and dominions; or a foreign nation; and

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(B) Has been approved by a protocol committee established under Chapter 15 of Title 19. (5) 'Court' means a judge of any court of record or an administrative law judge of the Office of State Administrative Hearings. (6) 'Emotional abuse' shall have the same meaning as set forth in Code Section 15-11-2. (7) 'Legal custodian' shall have the same meaning as set forth in Code Section 15-11-2. (8) 'Near fatality' means an act that places a child in serious or critical condition as certified by a physician. (9) 'Record' shall include documents, books, maps, drawings, computer based or generated information, data, data fields, digital images, photographs, video images, audio recordings, and video recordings. (10) 'Sexual abuse' means an individual's employing, using, persuading, inducing, enticing, or coercing any child who is not that individual's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any individual; (E) Flagellation or torture by or upon an individual who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of an individual who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any individual's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. (11) 'Sexual exploitation' means conduct by any individual who allows, permits, encourages, or requires any child to engage in: (A) Trafficking of persons for labor or sexual servitude, in violation of Code Section 16-5-46; (B) Prostitution, in violation of Code Section 16-6-9; (C) Obscene depiction of a minor, in violation of Code Section 16-11-40.1; (D) Nude or sexually explicit electronic transmission, in violation of Code Section 16-11-90; or (E) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100. (b) Each and every record concerning reports of child abuse and child controlled substance or marijuana abuse which is in the custody of the department, other state or local agency,

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or child advocacy center is declared to be confidential, and access thereto is prohibited except as provided in Code Sections 49-5-41 and 49-5-41.1. (c) Each and every record concerning child abuse or neglect which is received by the department from the child abuse and neglect registry of any other state shall not be disclosed or used outside the department for any other purpose other than conducting background checks to be used in foster care and adoptive placements."

SECTION 3. Said article is further amended in Code Section 49-5-41, relating to persons and agencies permitted access to records, by revising subsections (a) and (f) and by adding a new subsection to read as follows:
"(a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse:
(1) Any federal, state, or local governmental entity, tribal entity, or any agency of any such entity, that has a need for information contained in such records in order to carry out its legal responsibilities to protect children from child abuse and neglect; (2) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; (3) A prosecuting attorney in this state or any other state or political subdivision thereof, or for the United States, who may seek such access in connection with official duty; (4) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child concerning whom the report was made, shall disclose only whether the investigation by the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report;
(5)(A) Any entity that receives from a school employee a report of suspected child abuse as required by Code Section 19-7-5. (B) Within 24 hours of receiving such report, such entity shall acknowledge, in writing, the receipt of such report to the reporting individual. Within five days of completing the investigation of the suspected child abuse, such entity shall disclose, in writing, to the school counselor for the school such child was attending at the time of the reported child abuse whether the suspected child abuse was confirmed or unconfirmed. If a school does not have a school counselor, such disclosure shall be made to the principal. (C) As used in this paragraph, the term:
(i) 'Entity' means a child welfare agency providing protective services as designated by the department, or in the absence of such agency, a law enforcement agency or prosecuting attorney. (ii) 'School' shall have the same meaning as set forth in Code Section 19-7-5; (6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding the findings or information about the

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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) The State Personnel Board, by administrative subpoena, upon a finding by an administrative law judge appointed by the chief state administrative law judge pursuant to Article 2 of Chapter 13 of Title 50, that access to such records may be necessary for a determination of an issue involving departmental personnel and that issue involves the conduct of such personnel in child related employment activities, provided that only those parts of the record relevant to the child related employment activities shall be disclosed. The name of any complainant or client shall not be identified or entered into the record; (8) A child advocacy center that has a need for information contained in such records in order to carry out its legal responsibilities to protect children from child abuse or neglect; (9) 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 child 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 child abuse and neglect, which protective actions include bringing criminal actions for such child 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); (10) The Governor, the Attorney General, the Lieutenant Governor, or the Speaker of the House of Representatives when such officer makes a written request to the commissioner of the department which specifies the name of the child for whom such access is sought and which describes such officer's need to have access to such records in order to determine whether the laws of this state are being complied with to protect children from child abuse and neglect and whether such laws need to be changed to enhance such

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protection, for which purposes the General Assembly finds such disclosure is 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 (11) A court, by subpoena that is filed contemporaneously with a motion seeking records and requesting an in camera inspection of such records, may make such records available to a party seeking such records when:
(A) Such motion is filed; (B) Such motion is served:
(i) On all parties to the action; (ii) On the department or other entity that has possession of such records, as applicable; and (iii) In matters other than a dependency proceeding or a civil proceeding wherein there is no related pending criminal investigation or prosecution of criminal or unlawful activity, on the prosecuting attorney, as applicable; and (C) After an in camera inspection of such records, the court finds that access to such records appears reasonably calculated to lead to the discovery of admissible evidence." "(f) Notwithstanding Code Section 49-5-40, a child who alleges that he or she was abused shall be permitted access to records concerning a report of child abuse allegedly committed against him or her which are in the custody of a child advocacy center, the department, or other state or local agency when he or she reaches 18 years of age; provided, however, that prior to such child reaching 18 years of age, if the requestor is not the subject of such record, such records shall be made available to such child's parent or legal guardian or a deceased child's duly appointed representative when the requestor or his or her attorney submits a sworn affidavit to the applicable child advocacy center, the department, or other state or local agency that attests that such information is relevant to a pending or proposed civil action relating to damages sustained by such child; and provided, further, that such record concerning a report of child abuse shall still be subject to confidentiality pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72. Such record concerning a report of child abuse shall not be subject to release under paragraph (11) of subsection (a) of this Code section or subsection (g) of this Code section. (g)(1) A subpoena authorized under paragraph (11) of subsection (a) of this Code section shall be served on the prosecuting attorney who has jurisdiction over a pending investigation or prosecution of criminal or unlawful activity, if such information is known to the individual seeking such access or disclosure. (2) A prosecuting attorney may intervene in an action involving a motion filed under paragraph (11) of subsection (a) of this Code section. (3)(A) When a court issues an order pursuant to paragraph (11) of subsection (a) of this Code section, the court shall issue a protective order to ensure the confidentiality of such records. Such protective order may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense and may include one or more of the following:

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(i) That the records not be reproduced except as authorized by court order; (ii) That the records be viewed or disclosed only on specified terms and conditions; (iii) That the records be sealed and only opened by court order; (iv) That the order be applicable to all parties, their counsel, and any agent or representative of a party; or (v) That records released pursuant to such order be returned to the court upon completion of the matter that caused the production of such records. (B) Any person who fails to obey a protective order issued under this subsection shall be punished as contempt by the court."

SECTION 4. Said article is further amended by revising Code Section 49-5-46, relating to the liability of the department or agency, as follows:
"49-5-46. The department, an agency, a child advocacy center, and employees thereof providing access to or disclosure of records or information as authorized by Code Section 49-5-41 shall have no civil liability or criminal responsibility therefor."

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

Approved April 26, 2016.

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HEALTH MOTOR VEHICLES AND TRAFFIC REVENUE AND TAXATION RURAL HOSPITAL ORGANIZATIONS; TAX CREDITS; DEFINITION OF "DISABLED VETERAN";
ESTABLISHMENT OF VALUE OF PROPERTY.

No. 345 (Senate Bill No. 258).

AN ACT

To amend Article 1 of Chapter 8 of Title 31, Chapter 2 of Title 40, and Title 48 of the Official Code of Georgia Annotated, relating to hospital care for the indigent generally, registration and licensing of motor vehicles, and revenue and taxation, respectively, so as to approve rural hospital organizations which provide health care services to underserved areas in this state to receive contributions; to provide for definitions; to provide for tax credits for contributions to rural hospital organizations; to clarify the definition of disabled veteran; to change certain provisions regarding the changing values established by certain appeal or

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agreement; to provide that the assessed value of property for a taxable year may be lowered by the deciding body based upon the evidence before such body but shall not be increased beyond the assessment value established by the board of tax assessors; to provide an exception; to provide for the amount, nature, limits, and procedures for new tax credits for contributions to rural hospital organizations; to provide for related matters; to provide for automatic repeal, 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 31 of the Official Code of Georgia Annotated, relating to hospital care for the indigent generally, is amended by adding a new Code section to read as follows:
"31-8-9.1. (a) As used in this Code section, the term:
(1) 'Critical access hospital' means a hospital that meets the requirements of the federal Centers for Medicare and Medicaid Services to be designated as a critical access hospital and that is recognized by the department as a critical access hospital for purposes of Medicaid. (2) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 2010 or any future such census; provided, however, that for counties which contain a military base or installation, the military personnel and their dependents living in such county shall be excluded from the total population of such county for purposes of this definition. (3) 'Rural hospital organization' means an acute care hospital licensed by the department pursuant to Article 1 of Chapter 7 of this title that:
(A) Provides inpatient hospital services at a facility located in a rural county or is a critical access hospital; (B) Participates in both Medicaid and medicare and accepts both Medicaid and medicare patients; (C) Provides health care services to indigent patients; (D) Has at least 10 percent of its annual net revenue categorized as indigent care, charity care, or bad debt; (E) Annually files IRS Form 990, Return of Organization Exempt From Income Tax, with the department, or for any hospital not required to file IRS Form 990, the department will provide a form that collects the same information to be submitted to the department on an annual basis; (F) Is operated by a county or municipal authority pursuant to Article 4 of Chapter 7 of this title or is designated as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code; and

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(G) Is current with all audits and reports required by law. (b)(1) By December 1 of each year, the department shall approve a list of rural hospital organizations eligible to receive contributions from the tax credit provided pursuant to Code Section 48-7-29.20 and transmit such list to the Department of Revenue. (2) Before any rural hospital organization is included on the list as eligible to receive contributions from the tax credit provided pursuant to Code Section 48-7-29.20, it shall submit to the department a five-year plan detailing the financial viability and stability of the rural hospital organization. The criteria to be included in the five-year plan shall be established by the department. (c)(1) A rural hospital organization that receives donations pursuant to Code Section 48-7-29.20 shall:
(A) Utilize such donations for the provision of health care-related services for residents of a rural county or for residents of the area served by a critical access hospital; and (B) Report on a form provided by the department all contributions received from individual and corporate donors pursuant to Code Section 48-7-29.20 and show the manner or purpose in which the contributions received were expended by the rural hospital organization. (2) The department shall annually prepare a report compiling the information received pursuant to paragraph (1) of this subsection for the chairpersons of the House Committee on Ways and Means and the Senate Health and Human Services Committee."

SECTION 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subsection (a) of Code Section 40-2-69, relating to free license plates and revalidation decals for disabled veterans, as follows:
"(a) Any disabled veteran who is a citizen and resident of this state shall, upon application therefor, be issued a free motor vehicle license plate. As used in this Code section, the term 'disabled veteran' shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 48-5-48."

SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (1) of subsection (a) of Code Section 48-5-48, relating to the homestead exemption for disabled veterans, as follows:
"(a) As used in this Code section, the term 'disabled veteran' means: (1) Any veteran who is a citizen and a resident of this state who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as having a service related disability that renders such veteran as being 100 percent totally disabled or as being less than 100 percent totally disabled but is compensated at the 100 percent level due to individual unemployability or is entitled to receive a statutory award from the United States Department of Veterans Affairs for:

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(A) Loss or permanent loss of use of one or both feet; (B) Loss or permanent loss of use of one or both hands; (C) Loss of sight in one or both eyes; or (D) Permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye;"

SECTION 4. Said title is further amended by revising subsection (c) of Code Section 48-5-299, relating to ascertainment of taxable property and changing values established by certain appeal or agreement, as follows:
"(c) When the value of real property is reduced or is unchanged from the value on the initial annual notice of assessment or a corrected annual notice of assessment issued by the board of tax assessors and such valuation has been established as the result of an appeal decision rendered by the board of equalization, hearing officer, arbitrator, or superior court pursuant to Code Section 48-5-311 or stipulated by written agreement signed by the board of tax assessors and taxpayer or taxpayer's authorized representative, the new valuation so established by appeal decision or agreement may not be increased by the board of tax assessors during the next two successive years, unless otherwise agreed in writing by both parties, subject to the following exceptions:
(1) This subsection shall not apply to a valuation established by an appeal decision if the taxpayer or his or her authorized representative failed to attend the appeal hearing or provide the board of equalization, hearing officer, or arbitrator with some written evidence supporting the taxpayer's opinion of value; (2) This subsection shall not apply to a valuation established by an appeal decision or agreement if the taxpayer files a return at a different valuation during the next two successive years; (3) Unless otherwise agree in writing by the parties, if the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of tax assessors, the board of equalization, hearing officer, or arbitrator may increase or decrease the value of the real property based on the evidence presented by the taxpayer during the appeal process; and (4) The board of tax assessors may increase or decrease the value of the real property if, after a visual on-site inspection of the property, it is found that there have been substantial additions, deletions, or improvements to such property or that there are errors in the board of tax assessors' records as to the description or characterization of the property, or the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property."

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SECTION 5. Said title is further amended in subsection (e) of Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals, by adding a new paragraph to read as follows:
"(9) Notwithstanding any other provision of law to the contrary, on any real property tax appeal made under this Code section on and after January 1, 2016, the assessed value being appealed may be lowered by the deciding body based upon the evidence presented but cannot be increased from the amount assessed by the county board of tax assessors. This subsection shall not apply to any appeal where the taxpayer files an appeal during a time when subsection (c) of Code Section 48-5-299 is in effect for the assessment being appealed."

SECTION 6. Said title is further amended by revising subsection (a) of Code Section 48-5-478, relating to the exemption from ad valorem taxation for motor vehicles owned or leased by a disabled veteran, as follows:
"(a) A motor vehicle owned by or leased to a disabled veteran who is a citizen and resident of this state and on which such disabled veteran actually places the free disabled veteran motor vehicle license plate he or she receives pursuant to Code Section 40-2-69 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes. As used in this Code section, the term 'disabled veteran' shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 48-5-48."

SECTION 7. Said title is further amended by adding a new Code section to Article 2 of Chapter 7, relating to imposition, rate, and computation of income taxes and exemptions, to read as follows:
"48-7-29.20. (a) As used in this Code section, the term:
(1) 'Qualified rural hospital organization expense' means the contribution of funds by an individual or corporate taxpayer to a rural hospital organization for the direct benefit of such organization during the tax year for which a credit under this Code section is claimed. (2) 'Rural hospital organization' means an organization that is approved by the Department of Community Health pursuant to Code Section 31-8-9.1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified rural hospital organization expenses as follows: (1) In the case of a single individual or a head of household, 70 percent of the actual amount expended or $2,500.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, 70 percent of the actual amount expended or $5,000.00 per tax year, whichever is less.

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(c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified rural hospital organization expenses in an amount not to exceed 70 percent of the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability.
(e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $50 million in 2017, $60 million in 2018, and $70 million in 2019.
(2)(A) No more than $4 million of the aggregate limit established by paragraph (1) of this subsection shall be contributed to any individual rural hospital organization in any taxable year. From January 1 to June 30 each taxable year, the commissioner shall only preapprove contributions submitted by individual taxpayers in an amount not to exceed $2 million, and from corporate donors in an amount not to exceed $2 million. From July 1 to December 31 each taxable year, subject to the aggregate limit in paragraph (1) of this subsection and the individual rural hospital organization limit in this paragraph, the commissioner shall approve contributions submitted by individual taxpayers and corporations or other entities. (B) In the event an individual or corporate donor desires to make a contribution to an individual rural hospital organization that has received the maximum amount of contributions for that taxable year, the Department of Community Health shall provide the individual or corporate donor with a list, ranked in order of financial need, as determined by the Department of Community Health, of rural hospital organizations still eligible to receive contributions for the taxable year. (3) For purposes of paragraphs (1) and (2) of this subsection, a rural hospital organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a rural hospital organization, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of contribution that the taxpayer intends to make to the rural hospital organization. The commissioner shall preapprove or deny the requested amount with 30 days after receiving the request from the taxpayer and shall provide written notice to the taxpayer and rural hospital organization of such preapproval or denial which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the rural hospital organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limits prescribed in paragraphs (1) and (2) of this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under

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paragraph (1) of this subsection and the individual rural hospital organization limit established under paragraph (2) of this subsection. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to rural hospital organizations if the commissioner preapproved a donation for a tax credit prior to the date the rural hospital organization is removed from the Department of Community Health list pursuant to Code Section 31-8-9.1, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (f) In order for the taxpayer to claim the tax credit under this Code section, a letter of confirmation of donation issued by the rural hospital organization to which the contribution was made shall be attached to the taxpayer's tax return. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the return is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (g) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal Revenue Code. (h) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (i) This Code section shall stand automatically repealed on December 31, 2019."

SECTION 8. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 and 7 of this Act shall be applicable to all taxable years beginning on or after January 1, 2017.

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

Approved April 26, 2016.

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ELECTIONS PUBLIC OFFICERS AND EMPLOYEES QUALIFYING TIMES; ADVANCE VOTING PERIOD; PROHIBIT CERTAIN ACTIVITIES WITHIN CLOSE PROXIMITY TO POLLS; CAMPAIGN CONTRIBUTION DISCLOSURE REPORTS; FILINGS, REGISTRATION OF LOBBYISTS; DISTRICT DURATIONAL RESIDENCY REQUIREMENTS.

No. 347 (Senate Bill No. 199).

AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide a definition; to revise the qualifying times for municipal elections; to provide for the reopening of qualifications in municipal elections under certain conditions; to revise the period of time for advance voting with regard to Saturday voting; to prohibit certain activities within close proximity to polling places; to change certain provisions relating to punishment for ethics violations; to change certain provisions relating to disclosure reports relative to campaign contributions; to change certain provisions relating to filing of financial disclosure statements by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officials' conduct and lobbyist disclosure; to change certain provisions relating to registration required for lobbyists, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold office, vacation of office, and validity of acts performed while in office, so as to authorize counties and municipalities to provide by local law for district durational residency requirements; 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 in Code Section 21-2-2, relating to definitions, by adding a new paragraph to read as follows:
"(3.1) 'Campaign material' means any newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter referring to:
(A) A candidate whose name appears on the ballot in a primary or election; (B) A referendum which appears on the ballot in a primary or election; or

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(C) A political party or body which has a nominee or nominees on the ballot in a primary or election. Campaign material shall not include any written or printed matter that is used exclusively for the personal and private reference of an individual elector during the course of voting."

SECTION 2. Said title is further amended by revising paragraph (3) of subsection (c) 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:
"(3)(A) 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 third 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. (B) In any case in which no individual has filed a notice of candidacy and paid the prescribed qualifying fee to fill a particular office in a nonpartisan municipal election, the governing authority of the municipality shall be authorized to reopen qualifying for candidates at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and cease such qualifying at 5:00 P.M. on the Tuesday immediately following such Monday, notwithstanding the fact that such days may be legal holidays; and"

SECTION 3. Said title is further amended by revising paragraph (3) of subsection (d) 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:
"(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 third Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following

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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"

SECTION 4. Said title is further amended in Code Section 21-2-385 of the Official Code of Georgia Annotated, relating to procedure for voting by absentee ballot and advance voting, by revising paragraph (1) of subsection (d) 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; and provided, further, that, if such second Saturday is a public and legal holiday pursuant to Code Section 1-4-1, if such second Saturday follows a public and legal holiday occurring on the Thursday or Friday immediately preceding such second Saturday, or if such second Saturday immediately precedes a public and legal holiday occurring on the following Sunday or Monday, such advance voting shall not be held on such second Saturday but shall be held on the third Saturday prior to such primary, election, or runoff. 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 5. Said title is further amended by revising subsection (a) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty, as follows:
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters on any day in which ballots are being cast:

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(1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors."

SECTION 6. Said title is further amended by revising Code Section 21-5-9 of the Official Code of Georgia Annotated, relating to penalties for violation of provisions of Chapter 5 of said title, as follows:
"21-5-9. Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor. The provisions of this Code section shall not preclude prosecution and punishment for the commission of any felony offense as otherwise provided by law."

SECTION 7. Said title is further amended by revising paragraph (2) of subsection (d.1) of Code Section 21-5-34, relating to disclosure reports relative to campaign contributions, as follows:
"(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 exceeding $5,000.00 in such election cycle, then such candidate or campaign committee shall be required to file only the June 30 and December 31 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."

SECTION 8. Said title is further amended by revising paragraph (8) of subsection (b) of Code Section 21-5-50, relating to filing of financial disclosure statements by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission, as follows:
"(8)(A) As used in this paragraph, the term 'agency' has the meaning provided by Code Section 45-10-20. (B) All annual payments in excess of $10,000.00 received by the filer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted

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from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments. This paragraph shall not require the disclosure of payments which have already been disclosed for purposes of any other provision of this chapter."

SECTION 9. Said title is further amended by revising subparagraph (G) of paragraph (4.1) of Code Section 21-5-70, relating to definitions relative to public officials' conduct and lobbyist disclosure, as follows:
"(G) Anything which: (i) Does not qualify as a lobbying expenditure under subparagraphs (A) through (F) of this paragraph; and (ii) Would qualify as an expenditure under subparagraph (B.1) of paragraph (1) of this Code section except that it does not exceed an amount or value of $75.00 per person."

SECTION 10. Said title is further amended by revising subparagraph (F) of paragraph (5) of Code Section 21-5-70, relating to definitions relative to public officials' conduct and lobbyist disclosure, as follows:
"(F) Any natural person who as an employee of local government engages in any activity covered under subparagraph (D) of this paragraph;"

SECTION 11. Said title is further amended in Code Section 21-5-71, relating to registration required for lobbyists, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, by adding a new paragraph in subsection (i) to read as follows:
"(6.1) Any employee of the executive or judicial branch of state government; provided, however, that when such an employee is acting on behalf of such government employer, meeting with or appearing before a public officer other than one from the same branch of government which employs such employee, and engaged in activity for which registration would otherwise be required under this Code section, such employee shall be required to display an identification card, issued by such employer, which shall have printed thereon the employee's name and the name of the employer;"

SECTION 12. Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold office, vacation of office, and validity of acts performed while in office, is amended by revising paragraph (1) as follows:

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"(1) Persons who are not citizens of this state and persons under the age of 21 years; provided, however, that upon passage of appropriate local ordinances, citizens of this state who are otherwise qualified and who have attained 18 years of age shall be eligible to hold any county or municipal office, except such offices of a judicial nature. The residency requirement for a candidate for any county office, except offices of a judicial nature, shall be 12 months residency within the county. The residency requirement for a candidate for any municipal office, except offices of a judicial nature, shall be 12 months residency within the municipality; provided, however, that municipalities may by charter provide for lesser residency requirements for candidates for municipal office, except offices of a judicial nature. Notwithstanding anything in this paragraph to the contrary, the General Assembly may provide by local law for a period of district residency for candidates for any county or municipal governing authority or board of education who are elected from districts not to exceed 12 months residency within the district from which each such candidate seeks election. Any local law previously enacted by the General Assembly providing for a period of district residency for candidates for county or municipal office which does not exceed 12 months shall be granted full force and effect;"

SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Approved April 26, 2016.

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ANIMALS COURTS IMPOUNDMENT OF ANIMALS; RETURN TO OWNER; DISPOSAL; LIENS.

No. 348 (Senate Bill No. 356).

AN ACT

To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide a definition of the term "owner"; to provide for impoundment of animals for any violation of Article 1 of Chapter 11 of said title; to revise provisions relating to caring for an impounded animal; to modify provisions regarding the circumstances under which an impounded animal may be returned to its owner; to modify provisions related to the disposal

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of impounded animals; to create a process for a petition for recoupment of expenses of impoundment; to provide for procedures regarding same; to provide for the foreclosure of liens on animals; to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for the foreclosure of liens on animals; 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 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new paragraph to Code Section 4-11-2, relating to definitions, to read as follows:
"(5.1) 'Owner' means a person who intentionally exercises custody, control, possession, or ownership of an animal."

SECTION 2. Said title is further amended by revising paragraph (4) of subsection (c) of Code Section 4-11-9.2, relating to inspections, impoundment of animals, and exceptions, as follows:
"(4) If it is determined that any violation of this article has occurred."

SECTION 3. Said title is further amended by revising Code Section 4-11-9.3, relating to caring for impounded animals, as follows:
"4-11-9.3. (a) It shall be the duty of any person impounding an animal under Code Section 4-11-9.2, 16-12-4, or 16-12-37 to make reasonable and proper arrangements to provide the impounded animal with humane care and adequate and necessary veterinary services. Such arrangements may include, but shall not be limited to, providing shelter and care for the animal at any state, federal, county, municipal, or governmental facility or shelter; contracting with a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services for a reasonable fee; or allowing a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services as a volunteer and at no cost. (b) Any person impounding an animal under this article or Code Section 16-12-4 or 16-12-37 or providing care for an impounded animal shall have a lien on such animal for the reasonable costs of caring for such animal. Such lien may be foreclosed in any court of competent jurisdiction to hear civil cases. 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.

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(c) Any person impounding an animal under this article shall be authorized to return such animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner has been convicted of, pled guilty to, or pled nolo contendere to animal cruelty or dog fighting under any local, state, or federal law, regulation, or ordinance, or in a prior administrative or legal action in this state or any other state, was found to have failed to provide humane care to an animal, committed cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:
(1) Such animal shall be given humane care and adequate and necessary veterinary services; (2) Such animal shall not be subjected to cruelty; and (3) The owner shall comply with this article. (d)(1) The provisions of subsection (c) of this Code section shall not apply to an animal that was an object or instrumentality of a crime. Any agency impounding an animal as a result of a violation of Code Section 4-11-9.2, 16-12-4, or 16-12-37 shall not return such animal to its owner. (2) Any agency having custody of an animal that was seized as an object or instrumentality of a crime may, with the consent of the prosecuting attorney, apply to the court having jurisdiction over the offense for an order authorizing such agency to dispose of the animal prior to trial of the criminal case as provided by law."

SECTION 4. Said title is further amended by revising subparagraph (b)(6)(B) of Code Section 4-11-9.5, relating to failure to respond to notice of impoundment, right to a hearing, care, and crime exception, as follows:
"(B) Unless, in a prior administrative or legal action in this state or any other state, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, engaged in dog fighting, committed an act prohibited under Code Section 16-12-4, committed an act prohibited under Code Section 16-12-37, or committed an act in violation of any similar local ordinance or regulation, the laws of this state, or of the United States, or any of the several states, recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such conditions shall be reduced to writing and served upon the owner and the government agency having custody of the animal. Such conditions may include, but are not limited to, the following, that:
(i) Such animal shall be given humane care and adequate and necessary veterinary services; (ii) Such animal shall not be subjected to mistreatment; and (iii) The owner shall comply with this article."

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SECTION 5. Said title is further amended by revising subsection (a) of Code Section 4-11-9.6, relating to disposal of impounded animals, as follows:
"(a) The government agency having custody of an animal impounded pursuant to this article which is not returned to the owner as provided in Code Sections 4-11-9.3 and 4-11-9.5, or when ownership of the animal is relinquished by the owner, may dispose of the animal through sale by any commercially feasible means, at a public auction or by sealed bids, adoption, or, if in the opinion of a licensed accredited veterinarian or a veterinarian employed by a state or federal government and approved by the Commissioner such animal has a temperament or condition such that euthanasia is the only reasonable course of action, by humanely disposing of the animal."

SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"4-11-9.8. (a) Any agency impounding one or more animals as part of any investigation of a violation of Code Section 4-11-9.2, 16-12-4, or 16-12-37, or otherwise providing care for one or more animals impounded pursuant to this article, may file a petition in a court of competent jurisdiction to hear civil cases requesting the court to require the owner of the animal or animals to pay into the registry of such court funds in an amount sufficient to secure payment of all anticipated costs of impoundment and care. (b) Every such petition shall contain a description of the time, place, and circumstances of the impoundment, the legal authority for same, and the name and address of the owner of the animal or animals impounded. (c) Any sheriff, deputy sheriff, or other sworn peace officer shall personally serve written process of the petition on the owner of the animal or animals. If the officer is unable to personally serve written process of the petition on the owner of the animal or animals within 30 days of the date of filing of the petition, the officer shall within ten days thereafter post a copy of the petition on the door of the residence of the owner or in another conspicuous place at the location where the animal or animals were impounded.
(d)(1) Upon the court's receipt of return of service of process of the petition on the owner, the court shall set a hearing on the petition to determine the need to care for and provide for the animal or animals pending the final disposition of the animal or animals. The hearing shall be conducted no less than ten and no more than 15 business days after the court's receipt of return of service of process of the petition on the owner. Any sheriff, deputy sheriff, or other sworn peace officer shall be authorized to serve written notice on the owner of the date, time, and location of the hearing. If no name and address for the owner are set forth in the petition, then such notice shall be posted in a conspicuous place at the location where the animal or animals were impounded. (2) The scope of the hearing shall be limited to whether the impounding of the animal or animals was authorized. Upon such a showing, the court shall require payment into

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the registry of the court of an amount sufficient to cover all costs of impoundment and care, as determined by the court, for a period beginning as of the date of impoundment and ending 30 days after the date of the order. Neither the result of a hearing provided for under this subsection nor a statement of an owner made at any such hearing shall be admissible in any criminal prosecution related to the impoundment of the animal or animals. (3) The owner shall be ordered to deposit an amount equal to the portion of the original deposit amount attributable to the first 30 days after the date of the initial order every 30 days thereafter until the owner relinquishes the animal or animals or until final disposition of the animal or animals. If the required funds are not deposited within five days of the original order setting the amount of the funds, or within five days after the expiration of each applicable subsequent 30 day period, then the animal or animals shall be forfeited to the petitioning agency by operation of law and may, with the consent of any prosecutor prosecuting charges against the owner regarding the owner's animal or animals, be disposed of pursuant to Code Section 4-11-9.6. (4) At any time before the final disposition of the animal or animals, the owner may relinquish ownership of the animal or animals. All costs of impoundment and care for the animal or animals from the date of impoundment to the date of the relinquishment shall be paid by the owner unless the owner meets the requirements set forth in paragraph (5) of this subsection. (5) In circumstances where only one animal was impounded, and the owner of the animal is, at the initial hearing or at an adjustment hearing, able to prove indigency as described in Chapter 12 of Title 17, the court, in its discretion, may reduce or waive the requirement for the owner to pay costs of impoundment and care pursuant to this Code section. (6) The court may correct, alter, or otherwise adjust the owner's 30 day obligation of payment upon a motion made by the owner or petitioning agency at least five days before the expiration date of the then current 30 day payment period. The hearing shall be held within ten days of service of the motion on the opposite party, and any adjustment to the 30 day payment amount shall become effective five days after the court orders, or refuses to order, an adjustment. (7) Upon the payment of funds into the court registry in accordance with this Code section, the petitioning agency may immediately begin to draw from those funds for payment of the actual costs incurred by the petitioning agency in keeping and caring for the animal or animals from the date of impoundment to the date of the final disposition of the underlying criminal action regarding the owner and the animal or animals. (8) Upon final disposition of the animal or animals, remaining funds deposited with the clerk of the court shall be refunded to the owner. (9) In the event that an owner is adjudicated not guilty of all charges specified in a petition filed pursuant to this Code section, such owner may request from the agency that filed the petition a refund of all costs paid by the owner pursuant to such petition. In

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making any such claim for refund, the procedures provided in Code Section 48-5-380 shall apply."

SECTION 7. Said title is further amended by revising subsection (b) of Code Section 4-13-5, relating to liens for care of impounded equines, as follows:
"(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court of competent jurisdiction to hear civil cases. 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 8. Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-2, relating to general jurisdiction, by deleting "and" at the end of paragraph (13), by replacing the period with "; and" at the end of paragraph (14), and by adding a new paragraph to read as follows:
"(15) The foreclosure of liens on animals as established in Title 4."

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 26, 2016.

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COURTS CLAYTON JUDICIAL CIRCUIT; ADDITIONAL JUDGE.

No. 349 (House Bill No. 804).

AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Clayton Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense

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allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties that comprise the Clayton Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (10) as follows:
"(10) Clayton Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5"

SECTION 2. One additional judge of the superior courts is added to the Clayton Judicial Circuit, thereby increasing to five the number of judges of said circuit.

SECTION 3. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2017, and continuing through December 31, 2018, 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 2018, for a term of four years beginning on January 1, 2019, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

SECTION 4. The additional judge of the superior courts of the Clayton 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 Clayton 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 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 comprising the Clayton Judicial Circuit shall be the same as are now provided by law for the other superior

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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 Clayton Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 6. All writs and processes in the superior courts of the Clayton 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 five 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 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 8. The five judges of the superior courts of the Clayton 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 9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Clayton Judicial Circuit may bear teste in the name of any judge of the Clayton 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 10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Clayton 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.

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SECTION 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.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved 26, 2016.

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COURTS CRIMINAL PROCEDURE PUBLIC OFFICERS AND EMPLOYEES PROCEDURES FOR REVIEW OF USE OF DEADLY FORCE BY PEACE OFFICERS; COURT REPORTERS IN GRAND JURY PROCEEDINGS; SPECIAL PURPOSE GRAND JURIES; NOTICE TO PEACE OFFICERS ABOUT GRAND JURY PROCEEDINGS AND TESTIMONY BEFORE GRAND JURIES; INDICTMENTS OF PUBLIC OFFICIALS FOR PROFESSIONAL MISCONDUCT.

No. 350 (House Bill No. 941).

AN ACT

To amend Chapter 12 of Title 15, Chapter 7 of Title 17, and Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to juries, pretrial proceedings, and miscellaneous offenses concerning public officers and employees, respectively, so as to provide for procedure for review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; to provide for definitions; to provide for procedure and disclosure of information from such review; to repeal provisions relating to the use of stenographers and enact provisions relating to court reporters in grand jury proceedings; to change provisions relating to the use of special purpose grand juries; to repeal population Act features connected to grand juries; to provide for peace officer notification of grand jury proceedings and the process of testifying before a grand jury; to change provisions relating to the indictment of public officials for professional misconduct; 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 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended in Code Section 15-12-71, relating to the duties of the grand jury, by adding a new paragraph to subsection (b) and two new subsections to read as follows:
"(5)(A) As used in this paragraph, the term 'serious bodily injury' means bodily harm which deprives a person of a member of his or her body, which renders a member of such person's body useless, or which seriously disfigures such person's body or a member thereof. (B) The grand jury, whenever deemed necessary by eight or more of its members or at the request of the district attorney, shall conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. Except when requested by the district attorney, such review shall only be conducted after the investigative report of the incident has been completed and submitted to the district attorney. The district attorney shall begin assisting the grand jury in its review no later than one year from the date of the incident or, if an attorney was appointed under Code Section 15-18-5, one year from the date of such appointment. A review shall not be conducted pursuant to this paragraph in any case in which the district attorney informs the grand jury that a bill of indictment or special presentment will be presented to a grand jury charging such peace officer with a criminal offense in conjunction with, or arising out of, the incident in which such peace officer's use of deadly force resulted in death or serious bodily injury to another. (C) Not less than 20 days prior to the date upon which the grand jury shall begin hearing evidence in its review, the chief executive officer of the law enforcement agency and the peace officer shall be notified of such date and the time and place of the grand jury meeting, provided that nothing in this paragraph shall require either officer to make a presentation to the grand jury unless requested by the grand jury to do so. (D) When the grand jury is conducting a review pursuant to this paragraph, the testimony of any witness appearing before it and any argument or legal advice provided to the grand jury by the prosecuting attorney shall be recorded by a court reporter. The cost of conducting such review, including, but not limited to, the cost of any recordation and transcription of testimony, shall be paid out of the county treasury, upon the certificate of the judge of the superior court, as other court expenses are paid. (E) Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such review. In particular, the grand jury shall be advised of Code Sections 16-3-20, 16-3-21, 16-3-23.1, and 17-4-20." "(e)(1) If the grand jury conducts a review pursuant to paragraph (5) of subsection (b) of this Code section, and the grand jury does not request that the district attorney create a bill of indictment or special presentment, the grand jury shall prepare a report or issue a general presentment based upon its inspection, and any such report or presentment shall be subject to publication as provided for in Code Section 15-12-80.

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(2) Such report or general presentment shall include a summary of the evidence considered by the grand jury and the grand jury's findings of the facts regarding the incident. (3) Such report or general presentment shall be returned to the court by the grand jury and published in open court, and the report or general presentment shall be filed with the clerk. (4) If the grand jury does not request that the district attorney create a bill of indictment or special presentment, the district attorney shall, upon the release of such report or general presentment and unless otherwise ordered by the court, make available for inspection or copying any evidence considered by the grand jury during such review and the transcripts of the testimony of the witnesses who testified during the review no later than the end of the following term of court or six months, whichever is later. On motion of the district attorney, the court shall order the redaction of any part of the evidence or transcripts which contains matters subject to a statutory privilege, the names of the grand jurors, or information contained therein that may be exempt from disclosure pursuant to Code Section 50-18-72. (5) Any person requesting copies of such report, copies of any evidence considered by the grand jury during such review, or the transcripts of the testimony of the witnesses who testified during the review may be charged a reasonable fee for the cost of the redaction, reproduction, copying, and delivery of such report, evidence, or transcripts as provided in Code Section 50-18-71. Such costs shall be paid before such material is provided. (f) If the grand jury requests that the district attorney create a bill of indictment or special presentment against the peace officer, the transcript of the testimony of the witnesses who testified during the review, together with any other evidence presented to the grand jury, shall be not be disclosed, except as provided in Code Section 15-12-72 and in compliance with Article 1 of Chapter 16 of Title 17. If the bill of indictment or special presentment is to be presented to another grand jury, the district attorney shall transfer such transcripts and evidence to the grand jury considering the bill of indictment or special presentment."

SECTION 2. Said chapter is further amended by revising Code Section 15-12-74, relating to grand jury presentment of offenses, as follows:
"15-12-74. (a) Grand jurors have a duty to examine or make presentments of such offenses as may or shall come to their knowledge or observation after they have been sworn. Additionally, they have the right and power and it is their duty as jurors to make presentments of any violations of the laws which they may know to have been committed at any previous time which are not barred by the statute of limitations. (b) If a true bill is returned by the grand jury on any count of an indictment or special presentment, the indictment or special presentment shall be published in open court. If a

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no bill is returned by the grand jury on all counts of an indictment or special presentment, the prosecuting attorney shall file such indictment or special presentment with the clerk."

SECTION 3. Said chapter is further amended by repealing Code Section 15-12-83, relating to attendance of stenographer at grand jury proceeding and the use of a recording device, and enacting a new Code Section 15-12-83 to read as follows:
"15-12-83. (a) Upon the request of the district attorney or when the grand jury proceedings are in accordance with Code Section 17-7-52, a court reporter shall be authorized to be present and shall attend such proceedings. Before attending the grand jury proceedings, the court reporter shall take the following oath:
'I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury, so help me God.' (b) The district attorney of the circuit in which the county is located shall appoint the court reporter and, notwithstanding any law to the contrary, fix the compensation therefor, and such compensation, including the cost of transcripts, shall be paid by the county. (c) The court reporter shall take and transcribe the testimony of any witness appearing before the grand jury and any argument or legal advice provided to the grand jury by the prosecuting attorney and shall furnish such transcript to the district attorney. (d) When a witness testifies pursuant to a grant of immunity as provided in Code Section 24-5-507, such testimony shall be transcribed, a copy of the transcript shall be provided to the district attorney, and the original transcript shall be filed under seal in the office of the clerk. (e) The court reporter shall be incompetent to testify at any hearing or trial concerning any matter or thing coming to the knowledge of the court reporter while in attendance upon the grand jury. (f) Except as otherwise provided in this Code section, a recording, any court reporter's notes, and any transcript prepared from such recording or notes shall be provided solely to the district attorney, who shall retain control of such recording, notes, and transcript. The district attorney may use such materials to the extent such use is appropriate to the proper performance of his or her official duties, including compliance with Article 1 of Chapter 16 of Title 17."

SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 15-12-100, relating to the procedure for impaneling special grand jury, as follows:
"(a) The chief judge of the superior court of any county to which this part applies, on his or her own motion, on motion or petition of the district attorney, or on petition of any elected public official of the county or of a municipality lying wholly or partially within the county, may request the judges of the superior court of the county to impanel a special

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grand jury for the purpose of investigating any alleged violation of the laws of this state or any other matter subject to investigation by grand juries as provided by law."

SECTION 5. Said chapter is further amended by repealing Code Section 15-12-102, relating to the applicability of special purpose grand juries, and enacting a new Code Section 15-12-102 to read as follows:
"15-12-102. This part shall apply only to all counties and consolidated city-county governments of this state. Except as otherwise provided by this part, Part 1 of this article shall apply to the grand juries authorized by this part."

SECTION 6. Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by revising Code Section 17-7-52, relating to the procedure for indictment of peace officer for crime in the performance of duties, notification, and rights of the officer, as follows:
"17-7-52. (a) Before a bill of indictment or special presentment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is presented to a grand jury, the officer shall be given a copy of the proposed bill of indictment or special presentment and notified in writing of the contemplated action by the prosecuting attorney. Such notice and a copy of the proposed bill of indictment or special presentment shall be provided to such officer not less than 20 days prior to the date upon which a grand jury will begin hearing evidence, and such notice shall inform such officer:
(1) That the grand jury is investigating such officer's conduct to determine if there is probable cause to conclude that he or she has violated one or more laws of this state; (2) Of the date upon which the grand jury will begin hearing testimony on the proposed bill of indictment or special presentment and the location of the hearing; (3) That he or she may request, but cannot be compelled, to testify as a witness before the grand jury regarding his or her conduct; and (4) That, if such officer requests to testify before the grand jury, he or she will be permitted to do so at the conclusion of the presentation of the state's case-in-chief and that he or she may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. (b) If the officer requests to appear as a witness, he or she shall notify the prosecuting attorney any time prior to the date the grand jury will begin hearing testimony in such investigation. The prosecuting attorney shall, after consulting with the grand jury, inform the officer in writing of the date and time when he or she shall be present in order to testify and of the procedure that the grand jury will follow pursuant to subsection (c) of this Code

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section. The prosecuting attorney shall further advise the grand jury that an officer has the right to appear and testify or not to appear and testify and that, if the officer chooses not to testify, the grand jury shall not consider that in any way in making its decision. (c) Prior to the introduction of any evidence or the first witness being sworn, the prosecuting attorney shall advise the grand jury of the laws applicable to the conduct of such proceedings, all relevant sections of the Code relating to the crime or crimes alleged in the bill of indictment, and any Code section that excuses or justifies such conduct. In particular, the grand jury shall be advised of Code Sections 16-3-20, 16-3-21, 16-3-23.1, and 17-4-20. (d) If the officer requests to testify before the grand jury and appears at the date and time specified, the case shall proceed as in any other criminal case heard by a grand jury, except that the officer shall be permitted to testify at the conclusion of the presentation of the state's case-in-chief and that he or she shall only be present in the grand jury room while he or she is testifying. Such officer may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. After the officer has been sworn as a witness and prior to any testimony by the officer, the prosecuting attorney shall advise the officer substantially of the following:
(1) The officer's appearance before the grand jury is voluntary, and he or she cannot be compelled to appear as a witness; (2) By agreeing to be sworn as a witness on the bill of indictment or special presentment that will be laid before the grand jury, he or she will be asked to testify and answer questions and may be asked to produce records, documents, or other physical evidence; (3) The officer may refuse to answer any question or to produce records, documents, and other physical evidence if a truthful answer to the question or producing such records, documents, or other physical evidence would tend to incriminate the officer or would tend to bring infamy, disgrace, or public contempt upon the officer; (4) Any testimony given by the officer may be used against him or her by the grand jury or in a subsequent legal proceeding; and (5) If the officer is represented by an attorney, the attorney shall have the right to be present in the grand jury room while the officer is testifying, and the officer will be permitted reasonable opportunity to consult with his or her attorney outside the grand jury room. (e) After being sworn as a witness but prior to being asked any questions by the prosecuting attorney or the grand jurors, the officer may make such sworn statement as he or she shall desire. The officer's attorney shall not propound questions to the officer nor object to questions propounded to the officer on evidentiary grounds. (f) At the conclusion of the officer's testimony, if any, the prosecuting attorney may present rebuttal evidence and advise the grand jury on matters of law. (g) At any time during the presentation of evidence or during deliberations, the grand jury may amend the bill of indictment or special presentment or instruct the prosecuting attorney to cause a new bill of indictment or special presentment to be created as in any

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other case. When a bill of indictment or special presentment is amended or newly created, the accused peace officer and his or her attorney shall be provided a copy of it. (h) No individual other than the jurors, and any interpreter needed to assist a hearing impaired or speech impaired juror, shall be present while the grand jury is deliberating or voting.
(i)(1) As used in this subsection, the term 'nonserious traffic offense' means any offense in violation of Title 40 which is not prohibited by Article 15 of Chapter 6 of Title 40. (2) The requirements of this Code section shall apply to all prosecutions, whether for felonies or misdemeanors, other than nonserious traffic offenses, and no such prosecution shall proceed either in state or superior court without a grand jury indictment or special presentment."

SECTION 7. Said chapter is further amended by revising subsection (e) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases, as follows:
"(e) Notwithstanding subsections (a) through (d) of this Code section, nothing in this Code section shall affect the rights of public officials to appear before a grand jury as provided in Code Sections 45-11-4 and 45-15-11 or peace officers to appear before a grand jury as provided in Code Section 17-7-52."

SECTION 8. Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by revising Code Section 45-11-4, relating to unprofessional conduct and indictment, as follows:
"45-11-4. (a) As used in this Code section, the term:
(1) 'County officer' means any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner where such office has replaced the tax receiver and tax collector, and any county commissioner. (2) 'Municipal officer' means any mayor or elected member of any municipal governing authority. (3) 'Public officer' means a county officer, a municipal officer, and state officials as provided in Code Section 45-15-11. (b) A public officer may be charged under this Code section for: (1) Malpractice, misfeasance, or malfeasance in office; (2) Using oppression or tyrannical partiality in the administration or under the color of his or her office; (3) When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so; (4) Using any other deliberate means to delay or avoid the due course or proceeding of law; or

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(5) Willfully and knowingly demanding more cost than he or she is entitled to by law in the administration and under color of his or her office. (c) A conviction for violating subsection (b) of this Code section shall be punished as for a misdemeanor, and upon conviction in a court of competent jurisdiction, the accused shall be removed from office. (d) This Code section shall only apply to a public officer charged under subsection (b) of this Code section. This Code section shall not apply when a public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty. (e) This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders."

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

Approved April 26, 2016.

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COURTS PROPERTY REQUIREMENTS AND CERTIFICATIONS FOR MAPS, PLATS, AND PLANS TO BE FILED FOR RECORD; ELECTRONIC FILING; INDEXING; RECORDATION OF REAL ESTATE INSTRUMENTS.

No. 351 (House Bill No. 1004).

AN ACT

To amend Titles 15 and 44 of the Official Code of Georgia Annotated, relating to courts and property, respectively, so as to provide requirements and certifications for maps, plats, and plans to be filed for record; to provide for filing of electronic images of maps, plats, and plans; to provide for electronic processing by clerks of superior court; to provide a criminal penalty; to provide for public computer terminal access to electronic filing portal; to provide for rules and regulations; to change certain provisions relating to the indexing of maps or plots; to provide for recordation of real estate instruments; to provide for incorporation by reference to instruments recorded in the office of the clerk of superior court; to provide for recordation of plats in land registration proceedings; to provide for methods of filing condominium instruments with the clerk of superior court; to provide for delivery of plats to the clerk of superior court; to change certain provisions relating to recordation and notations of plats; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-67, relating to recordation of maps and plats and specifications, as follows:
"15-6-67. (a) The clerk of superior court shall file and record maps, plats, and subdivision plats, and condominium plats, condominium site plans, condominium plot plans, and condominium floor plans presented in accordance with Code Section 44-3-83 relating to real estate in the county when submitted for filing as provided in this Code section and accompanied with any required filing fees or costs. (b) Each map, plat, or plan referred to in subsection (a) of this Code section to be filed and recorded in the office of clerk of superior court shall be in conformance with the following requirements:
(1) Caption. Each map, plat, or plan page image shall have a caption which shall provide the following information:
(A) The county where the property lies; (B) Any city, town, municipality, or village wherein the property lies; (C) The names of all owners of the property; (D) If such plat is a subdivision plat, condominium plat, condominium site plan, condominium plot plan, or condominium floor plan; (E) The name of any subdivision if for a named subdivision clearly identified as such; (F) The name of any condominium if for a condominium plat, condominium site plan, condominium plot plan, or condominium floor plan; (G) The applicable units, pods, blocks, lots, or other subdesignations of any named subdivision or condominium; (H) The name or names of the developer or developers of any named subdivision or condominium; (I) All applicable land districts and land lots reflected on such map, plat, or plan; (J) The date of preparation or revision date; (K) The name, address, telephone number, and license or registration number of the land surveyor; and (L) If the map, plat, or plan has multiple pages, the page number for each applicable page; (2) Surveyor certification box. Each map, plat, or plan shall provide a box which contains the following language and the applicable certifications of the registered land surveyor required pursuant to subsection (c) of this Code section:
SURVEYOR CERTIFICATIONS As required by subsection (c) of O.C.G.A. Section 15-6-67, the Registered Land Surveyor hereby certifies that this map, plat, or plan has been approved for filing in

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writing by any and all applicable municipal, county, or municipal-county planning commissions or municipal or county governing authorities or that such governmental bodies have affirmed in writing that approval is not required. The following governmental bodies have approved this map, plat, or plan for filing: ____________________________________ Name and date (mm/dd/yyyy) ____________________________________ Name and date (mm/dd/yyyy) The following governmental bodies have affirmed that approval is not required: ____________________________________ Name and date (mm/dd/yyyy) ____________________________________ Name and date (mm/dd/yyyy) Such approvals or affirmations should be confirmed with the appropriate governmental bodies by any purchaser as to intended use of any parcel. The Registered Land Surveyor further certifies that this map, plat, or plan complies with the minimum standards and specifications of the State Board of Registration for Professional Engineers and Land Surveyors and the Georgia Superior Court Clerks' Cooperative Authority.

_______________________ Facsimile Signature (3) Filing information box. Each image of a map, plat, or plan shall provide a box of not less than three inches square, if at full size, in the upper left-hand corner which shall be reserved for the clerk to append filing information; and (4) Format. All images of maps, plats, or plans submitted for filing shall:
(A) Comply with the minimum standards and specifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors; and (B) Be an electronic image of a single page certified and presented to the clerk electronically in conformance with all specifications set forth in any rules and regulations promulgated by the Georgia Superior Court Clerks' Cooperative Authority. (c)(1) Whenever the municipal planning commission, the county planning commission, the municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority prepares and adopts subdivision regulations, and upon receiving approval thereon by the appropriate governing authority, then no map, plat, or plan of subdivision of land within the municipality or the county shall be filed or recorded in the office of clerk of superior court of a county: (A) Without the approval of the municipal planning commission, county planning commission, municipal-county planning commission, or appropriate municipal or county governing authority; and (B) Unless the registered land surveyor who prepares any such map, plat, or plan for filing certifies thereon that such map, plat, or plan has been approved for filing by all applicable governmental bodies. Such certification shall specifically state by name the governmental bodies that approved the filings and the dates such actions were taken.

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(2) Notwithstanding any other provision of this subsection to the contrary, no approval of the municipal planning commission, county planning commission, municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority shall be required if no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required. Any map, plat, or plan of survey containing thereon a certification from a registered land surveyor that the municipal, county, or municipal-county planning commission or appropriate municipal or county governing authority has affirmed in writing that approval is not required shall entitle said map, plat, or plan to be recorded, provided that such certification includes the name of the governmental bodies that affirmed that such approval is not necessary and the dates of such actions. (d) Any land surveyor who fraudulently makes any certification required under this Code section shall, upon conviction thereof, be guilty of a misdemeanor. (e) The clerk of superior court shall make available a public computer terminal which provides a filer access to the Georgia Superior Court Clerks' Cooperative Authority's electronic filing portal. (f) The Georgia Superior Court Clerks' Cooperative Authority shall have the power and authority to promulgate such rules and regulations deemed necessary or convenient for implementation of the provisions of this Code section. (g) The clerk of superior court shall be held harmless for the filing of any map, plat, or plan that fails to meet any requirement of this Code section."

SECTION 2. Said title is further amended by revising Code Section 15-6-68, relating to public access to maps and plats, as follows:
"(a) The clerk of each superior court shall provide books, binders, or any other alternative system, either manual or electronic, for providing public access to maps, plats, and plans. (b) The clerk of superior court shall provide an electronic, computer-based indexing system in which shall be indexed all maps, subdivision plats, condominium plats, and other plats, condominium site plans, condominium plot plans, and condominium floor plans under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts. (c) In counties of this state that are divided into land lots, the clerk of superior court shall provide an electronic, computer-based system for maintaining and searching a record for each land lot and land district by listing all surveys made for each lot and where they are recorded.

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(d) The clerk shall electronically note the filing date, book, and page numbers on the image and shall electronically transmit a copy of the map, plat, or plan with such filing information to the email address of the person filing the same for record."

SECTION 3. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising paragraph (4) of subsection (b) of Code Section 44-2-2, relating to duty of clerk to record certain transaction affecting real estate and personal property, priority or recorded instruments, and effect of recording on rights between parties to instruments, as follows:
"(4) When indexing maps or plats relating to real estate in the county, the clerk of superior court shall index the names or titles provided in the caption of the plat."

SECTION 4. Said title is further amended by revising Code Section 44-2-25, relating to recording techniques and photostatic copies of plats, as follows:
"44-2-25. All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of superior court in such a manner so as to provide a permanent record of such instruments. It shall be lawful to make a copy or copies of any plats, blueprints, or other copies of plats that are already of record in the clerk's office. These copies shall serve all purposes and shall be as authentic as the originals."

SECTION 5. Said title is further amended by revising Code Section 44-2-26, relating to recording of plat or copy of plat, when and where authorized, and duty of clerk, as follows:
"44-2-26. The owner of real property or of any interest therein or any holder of a lien thereon may file a plat of the property in the office of the clerk of superior court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to record and index any plat that conforms with Code Section 15-6-67."

SECTION 6. Said title is further amended by revising Code Section 44-2-27, relating to recording of plat or copy of plat and when deemed recorded, as follows:
"44-2-27. When any plat is filed by the clerk of superior court, such filing shall be deemed a recording of the plat."

SECTION 7. Said title is further amended by revising Code Section 44-2-28, relating to recording of plat or copy of plat and incorporation by reference, as follows:

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"44-2-28. When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat of the property or on any blueprint, tracing, photostatic or digital copy, or other copy of the plat which has been recorded as authorized in Code Section 44-2-26 and when the deed, mortgage, or other instrument states the office, book, and page of recordation of the plat or of the blueprint, tracing, photostatic or digital copy, or other copy of the plat, the reference shall be equivalent to setting forth in the deed, mortgage, or other instrument the boundaries, metes, courses, or distances of the real estate as may be delineated or shown on the plat or on the blueprint, tracing, photostatic or digital copy, or other copy thereof."

SECTION 8. Said title is further amended by revising Code Section 44-2-237, relating to recordation and notation of plat, attaching certified copy to certificate, and fee, as follows:
"44-2-237. Whenever a plat of the premises which is too large or too intricate for easy transcription on the register of decrees of title or on the certificate of title is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy such plat on the register of decrees of title or on the certificate of title. In lieu of copying such plat, the clerk shall record it and shall note a reference to the book and page where recorded."

SECTION 9. Said title is further amended by revising Code Section 44-3-74, relating to recording condominium instruments, plats, plans, and encumbrances and record books, as follows:
"44-3-74. (a) The declaration and any amendments thereto shall be entitled to recordation if executed in the manner required for recording deeds to real property. All condominium instruments and any amendments and certifications thereto shall set forth the name of the condominium; the name of the county or counties in which the condominium is located; and, except for the declaration itself, the deed book and page number where the first page of the declaration is recorded or the document number assigned to the declaration upon its recordation. All condominium instruments and all amendments and certifications thereto shall be recorded in every county where any portion of the condominium is located. The recordation shall not require the approval of any county or municipal authority or official except as to the manner of execution prescribed by this Code section. (b) The clerk of superior court shall continue to maintain any legacy condominium plats books, condominium site plan books, condominium plot plan books, or condominium floor plan books that currently exist either in their current form or in electronic format.

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(c) All deeds, mortgages, liens, leases, and encumbrances of any kind affecting any condominium unit or duplicate originals thereof or copies thereof certified by the clerk of superior court in whose office the same are first recorded shall be recorded in all counties in which any part of the submitted property is located."

SECTION 10. Said title is further amended by revising Code Section 44-13-13, relating to appointment of appraisers upon filing of objections, examination and valuation of property, alterations in plat and schedule, approval and recordation, and appeal, as follows:
"44-13-13. Upon an objection being made as provided for in Code Section 44-13-12, unless the applicant shall so alter the schedule or plat or both as to remove the objections, the judge of the probate court shall appoint three disinterested appraisers to examine the property concerning which the objections are made and to value the same. On the appraisers' return under oath, if either the schedule or the plat shall be found to be too large, such alterations shall be made in the schedule and in the plat as the judge may deem proper to bring them within the limits of the value allowed by this article. Thereafter, the judge shall approve the schedule and the plat as required by Code Section 44-13-11 and shall cause the same to be delivered to the clerk of superior court of his or her county who shall record the schedule and plat as required by Code Section 44-13-11. Either party dissatisfied with the judgment shall have the right to appeal under the same rules, regulations, and restrictions as are provided by law in cases of appeals from the probate court."

SECTION 11. This Act shall become effective on January 1, 2017.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved April 26, 2016.

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LOCAL GOVERNMENT LOCAL BOARD OF EDUCATION CANNOT ADOPT OR FOLLOW CODE OF ETHICS WHICH PREVENTS FREE DISCUSSION OF POLICIES AND ACTIONS OUTSIDE BOARD MEETING.

No. 352 (Senate Bill No. 275).

AN ACT

To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that a local board of education shall not adopt or follow any code of ethics which prevents the members of the board from discussing freely the policies and actions of such board outside of a board meeting; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, is amended by revising Code Section 36-80-1, which was previously reserved, as follows:
"36-80-1. A local board of education shall not adopt or follow any code of ethics which prevents the members of such board from discussing freely the policies and actions of such board outside of a board meeting. This Code section shall not apply to any matter or matters discussed in executive session as defined in subsection (a) of Code Section 50-14-1 or which are exempt from disclosure under Code Section 50-18-72. "

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

Approved April 26, 2016.

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HEALTH EXPAND CERTIFIED NURSE AIDE REGISTRY.

No. 353 (House Bill No. 1037).

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 expand the certified nurse aide registry to nurse aides who provide services in private residences; to provide for inquiries and complaints; to provide that the registry be easily located on the department's website; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows:
"31-2-14. (a) The nurse aide registry established and maintained by the department as required by 42 C.F.R. Section 483.156 shall include, in addition to nurse aides who work in licensed facilities, nurse aides who provide services in this state in temporary or permanent private residences. (b) The registry shall provide a method for an inquiry or complaint to be submitted by the public regarding a nurse aide providing services in private residences. Any such inquiries or complaints shall be handled in the same manner as required for nurse aides who work in licensed facilities. (c) The department shall ensure that the registry is posted or a link to it is provided in a prominent location on the department's website."

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

Approved April 26, 2016.

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CRIMES AND OFFENSES ELECTRONIC DATA BASE OF PRESCRIPTION INFORMATION; RECORDS RETENTION; ACCESS; LIABILITY.

No. 354 (House Bill No. 900).

AN ACT

To amend Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, so as to authorize the retention of data base information for two years; to provide for delegates of prescribers and dispensers to access data base information under certain conditions; to revise language relating to subpoenas and search warrants; to provide for accessing data base information for purposes of investigation of potential abuse; to provide for the release of nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes; to limit liability; 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 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, is amended in Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription, by revising subsection (e) as follows:
"(e) The agency shall not access or allow others to access any identifying prescription information from the electronic data base after two years from the date such information was originally received by the agency. The agency may retain aggregated prescription information for a period of two years from the date the information is received but shall promulgate regulations and procedures that will ensure that any identifying information the agency receives from any dispenser or reporting entity that is two years old or older is deleted or destroyed on an ongoing basis in a timely and secure manner."

SECTION 2. Said part is further amended in Code Section 16-13-60, relating to privacy and confidentiality, use of data, and security program, as follows:
"16-13-60. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, prescription information submitted pursuant to Code Section 16-13-59 shall be confidential and shall not be subject to open records requirements, as contained in Article 4 of Chapter 18 of Title 50.

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(b) The agency, in conjunction with the board, shall establish and maintain strict procedures to ensure that the privacy and confidentiality of patients, prescribers, and patient and prescriber information collected, recorded, transmitted, and maintained pursuant to this part are protected. Such information shall not be disclosed to any person or entity except as specifically provided in this part and only in a manner which in no way conflicts with the requirements of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191. Nothing in this subsection shall be construed to prohibit the agency from accessing prescription information as a part of an investigation into suspected or reported abuses or regarding illegal access of the data. Such information may be used in the prosecution of an offender who has illegally obtained prescription information. (c) The agency shall be authorized to provide requested prescription information collected pursuant to this part only as follows:
(1) To persons authorized to prescribe or dispense controlled substances for the sole purpose of providing medical or pharmaceutical care to a specific patient or to delegates of such persons authorized to prescribe or dispense controlled substances in accordance with the following:
(A) Such delegates are members of the prescriber or dispenser's staff and retrieve and review information and reports strictly for purposes of determining misuse, abuse, or underutilization of prescribed medication; (B) Such delegates are licensed, registered, or certified by the state regulatory board governing the delegating prescriber or dispenser, and the delegating prescriber or dispenser shall be held responsible for the use of the information and data by their delegates; and (C) All information and reports retrieved and reviewed by delegates shall be maintained in a secure and confidential manner in accordance with the requirements of subsection (f) of this Code section; (2) Upon the request of a patient, prescriber, or dispenser about whom the prescription information requested concerns or upon the request on his or her behalf of his or her attorney; (3) To local or state law enforcement or prosecutorial officials pursuant to the issuance of a search warrant from an appropriate court or official in the county in which the office of such law enforcement or prosecutorial officials are located pursuant to Article 2 of Chapter 5 of Title 17 or to federal law enforcement or prosecutorial officials pursuant to the issuance of a search warrant pursuant to 21 U.S.C. or a grand jury subpoena pursuant to 18 U.S.C.; and (4) To the agency, the Georgia Composite Medical Board or any other state regulatory board governing prescribers or dispensers in this state, or the Department of Community Health for purposes of the state Medicaid program upon the issuance of a subpoena by such agency, board, or department pursuant to their existing subpoena power or to the

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federal Centers for Medicare and Medicaid Services upon the issuance of a subpoena by the federal government pursuant to its existing subpoena powers. (c.1) An individual authorized to access electronic data base prescription information pursuant to this part may: (1) Communicate concerns about a patient's potential misuse, abuse, or underutilization of a controlled substance with other prescribers and dispensers that are involved in the patient's health care; or (2) Report potential violations of this article to the agency for review or investigation. Following such review or investigation, the agency may:
(A) Refer instances of a patient's possible personal misuse or abuse of controlled substances to the patient's primary prescriber to allow for potential intervention and impairment treatment; (B) Refer probable violations of controlled substances being acquired for illegal distribution, and not solely for a patient's personal use, to the appropriate authorities for further investigation and potential prosecution; or (C) Refer probable regulatory violations by prescribers or dispensers to the regulatory board governing such person. (d) The board may provide statistical data to government entities and other entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers; the board may provide nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes. (e) Any person or entity who receives electronic data base prescription information or related reports relating to this part from the agency shall not provide such information or reports to any other person or entity except by order of a court of competent jurisdiction pursuant to this part. (f) Any permissible user identified in this part who directly accesses electronic data base prescription information shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are substantially equivalent to the security measures of the agency. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other compromise of the information and shall assess the sufficiency of any safeguards in place to control the risks. (g) No provision in this part shall be construed to modify, limit, diminish, or impliedly repeal any authority existing on June 30, 2011, of a licensing or regulatory board or any other entity so authorized to obtain prescription information from sources other than the data base maintained pursuant to this part; provided, however, that the agency shall be authorized to release information from the data base only in accordance with the provisions of this part."

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SECTION 3. Said part is further amended in Code Section 16-13-63, relating to liability, as follows:
"16-13-63. (a) Nothing in this part shall require a dispenser or prescriber to obtain information about a patient from the program established pursuant to this part. A dispenser or prescriber shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek or obtain information from the electronic data base established pursuant to Code Section 16-13-57. Nothing in this part shall create a private cause of action against a prescriber or dispenser. (b) A dispenser or prescriber acting in good faith shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property for receiving or using information from the electronic data base established pursuant to Code Section 16-13-57."

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

Approved April 26, 2016.

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CONTRACTS INDEMNIFICATION AND DUTY TO DEFEND PROVISIONS IN CONTRACTS FOR ENGINEERING OR ARCHITECTURAL SERVICES; ADDITIONAL LIMITATIONS.

No. 355 (House Bill No. 943).

AN ACT

To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide for additional limitations on indemnification and duty to defend clauses which are void and unenforceable in contracts for engineering or architectural services; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by revising Code Section 13-8-2, relating to contracts contravening public policy generally, as follows:
"13-8-2. (a) A contract that is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to:
(1) Contracts tending to corrupt legislation or the judiciary; (2) Contracts in general restraint of trade, as distinguished from contracts which restrict certain competitive activities, as provided in Article 4 of this chapter; (3) Contracts to evade or oppose the revenue laws of another country; (4) Wagering contracts; or (5) Contracts of maintenance or champerty. (b) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith, purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other named indemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the indemnitee, or its, his, or her officers, agents, or employees, is against public policy and void and unenforceable. This subsection shall not affect any obligation under workers' compensation or coverage or insurance specifically relating to workers' compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy, including an owner's or contractor's protective insurance, builder's risk insurance, installation coverage, project management protective liability insurance, an owner controlled insurance policy, or a contractor controlled insurance policy. (c) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement for engineering, architectural, or land surveying services purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other named indemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, is against public policy and void and unenforceable, except for indemnification for damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the indemnitor or other persons employed or utilized by the indemnitor in the performance of the contract. This subsection shall not affect any obligation under workers'

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compensation or coverage or insurance specifically relating to workers' compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy or project specific policy endorsement."

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

Approved April 26, 2016.

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INSURANCE LABOR AND INDUSTRIAL RELATIONS WORK BASED LEARNING OPPORTUNITIES; OPTIONAL REDUCTION
IN WORKERS' COMPENSATION PREMIUMS FOR EMPLOYERS PROVIDING WORK BASED LEARNING; CRITERIA.

No. 356 (House Bill No. 402).

AN ACT

To amend Chapter 9 of Title 33 and Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to regulation of insurance rates and workers' compensation, respectively, so as to encourage employers to provide work based learning opportunities for students age 16 and older; to provide for an optional reduction in workers' compensation premiums for employers that provide work based learning; to provide that work based learning students are covered under workers' compensation insurance; to establish criteria for employers providing work based learning; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that 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

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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.

SECTION 2. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, is amended by adding a new Code section to read as follows:
"33-9-40.3. (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 2016, there may be granted by the insurer up to a 5 percent reduction in the premium for such policy if the insured has been certified by the State Board of Education to the State Board of Workers' Compensation as a work based learning employer pursuant to Article 12 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification. (b) If granted, the premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured receives such certification and shall continue for as long as the insured maintains the certification; provided, however, that an insurer shall not be required to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification of an insured shall be required for each year in which a premium discount is granted. (c) If it is determined that an insured misrepresented its qualifications for certification pursuant to Article 12 of Chapter 9 of Title 34, the workers' compensation insurance policy of such insured may be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount and to cancellation in accordance with the provisions of the policy. (d) Each insurer shall make an annual report, in accordance with guidelines established by the Commissioner, to the rating and statistical organization designated by the Commissioner illustrating the total dollar amount of the premium discounts applied pursuant to this Code section. (e) The Commissioner shall conduct a study to determine the impact of the premium discounts provided pursuant to this Code section in encouraging employers to provide work based learning opportunities for students age 16 or older. (f) The Commissioner shall be authorized to promulgate rules and regulations necessary for the implementation and enforcement of this Code section."

SECTION 3. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding a new Code section to read as follows:

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"34-9-2.4. (a) As used in this Code section, the term:
(1) 'Work based learning placement' or 'placement' shall have the same meaning as in Code Section 34-9-430. (2) 'Work based learning student' or 'student' shall have the same meaning as in Code Section 34-9-430. (b) Notwithstanding the provisions of paragraph (2) of Code Section 34-9-1: (1) A work based learning student in a paid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage; and (2) A work based learning student in an unpaid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage unless all of the following conditions apply:
(A) The placement, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment; (B) The placement is for the benefit of the student; (C) The student does not displace regular employees, but works under close supervision of existing staff; (D) The employer that provides the training derives no immediate advantage from the activities of the student; and on occasion its operations may actually be impeded; (E) The student is not necessarily entitled to a job at the conclusion of the placement; and (F) The employer and the student understand that the student is not entitled to wages for the time spent in the placement."

SECTION 4. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 12

34-9-430. As used in this article, the term:
(1) 'Employer' means a person or entity that is subject to the provisions of this chapter but shall not include the state or any department, agency, or instrumentality of the state; any county; any county or independent school system; any municipal corporation; or any employer which is self-insured for the purposes of this chapter. (2) 'Employer member of a group self-insurance fund' means any employer who is a member of a fund certified pursuant to Code Section 34-9-153. (3) 'Self-insured employer' means any employer certified pursuant to Code Section 34-9-127.

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(4) 'Work based learning coordinator' means a school employee who coordinates and supervises students in work based learning placements. (5) 'Work based learning employer' means an employer who provides work based learning placements in accordance with this article. (6) 'Work based learning placement' or 'placement' means an arrangement between a business or industry partner and a local school system in which students are released for a portion of the school day for structured learning at an employer's job site in either a paid or unpaid position while receiving academic credit. Work based learning placements include, but are not limited to, employability skill development, service learning, cooperative education, internship, youth apprenticeship, and clinical experiences. (7) 'Work based learning student' means a student age 16 or older in a work based learning placement for an employer.

34-9-431. (a) A work based learning employer that has been certified pursuant to this Code section may be eligible for a premium discount under such employer's workers' compensation insurance policy pursuant to Code Section 33-9-40.3. (b) The State Board of Education shall certify to the State Board of Workers' Compensation that a work based learning employer meets the following requirements:
(1) Enters into a training agreement with one or more work based learning students, the student's parent or guardian, and the school's work based learning coordinator; (2) Develops, in conjunction with the school's work based learning coordinator, a detailed training plan for the work based learning student that focuses on development of technical skills and employability skills; (3) Assigns a mentor to the work based learning student and assist in monitoring the progress of such student; (4) Provides workers' compensation insurance coverage for the work based learning student; (5) Complies with all federal, state, and local laws and regulations regarding the employment of students; and (6) Complies with the rules and regulations of the State Board of Education.

34-9-432. A self-insured employer or an employer member of a group self-insurance fund that provides work based learning placements for one or more work based learning students substantially in accordance with Code Section 34-9-431 and that complies with all other provisions of this article required of employers in order to qualify for insurance premium discounts may be certified by the State Board of Education to the State Board of Workers' Compensation as a work based learning employer in compliance with this article."

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

Approved April 26, 2016.

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INSURANCE NO PENALTY FOR INSURANCE AGENT ADVISING INSURED OF ALTERNATIVES TO LAPSE OR SURRENDER OF LIFE INSURANCE POLICY.

No. 357 (House Bill No. 193).

AN ACT

To amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that an insurer shall not terminate or otherwise penalize an agent for apprising a policy owner of alternatives to the lapse or surrender of an individual life insurance policy; 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:
"33-25-15. (a) As used in this Code section, the term:
(1) 'Agent' means a person that is the agent of record of a policy or that has a business relationship with the policy owner or insured. (2) 'Insurer' means the insurance company that issued or currently insures the policy. (3) 'Person' means an individual or a legal entity. (4) 'Policy' means an individual life insurance policy owned by an individual who is a resident of this state, regardless of whether such individual life insurance policy has been issued, delivered, or renewed in this state. (b) No insurer or any other person shall terminate, fine, or otherwise penalize an agent for: (1) Apprising a policy owner or his or her designee of options under the policy terms to the lapse or surrender of the policy; or (2) Assisting a policy owner with securing any benefits under the policy terms."

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

Approved April 26, 2016.

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STATE GOVERNMENT ADOPTABLE DOG DESIGNATED AS OFFICIAL STATE DOG.

No. 358 (Senate Bill No. 168).

AN ACT

To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the adoptable dog as the official state dog; to provide legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds and declares as follows:
(1) The National Council on Pet Population Study and Policy estimates that a majority of animals taken into shelters are euthanized; (2) Thousands of dogs and cats are currently available for adoption in Georgia animal shelters, humane societies, and private rescue groups; (3) Responsible pet ownership that includes spay and neuter of dogs and cats not being actively bred by owners will reduce the number of unwanted dogs and cats that are euthanized in Georgia every year; (4) The State of Georgia wishes to promote responsible stewardship of dogs and cats; and (5) The State of Georgia wishes to promote animal rescue and adoption.

SECTION 2. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding a new Code section to read as follows:
"50-3-87. (a) As used in this Code section:
(1) 'Adoptable dog' means any dog in the custody of any animal shelter, humane society, or public or private animal refuge that is available for adoption by the general public.

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(2) 'Animal shelter' shall have the same meaning as set forth in Code Section 4-14-2. (3) 'Humane society' shall have the same meaning as set forth in Code Section 4-14-2. (4) 'Public or private animal refuge' shall have the same meaning as set forth in Code Section 4-14-2. (b) The adoptable dog is designated as the official Georgia state dog."

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

Approved April 26, 2016.

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CONSERVATION AND NATURAL RESOURCES SOLID WASTE MANAGEMENT; NOTICE BY MUNICIPAL SOLID WASTE LANDFILL OF SOLID WASTE RELEASES.

No. 359 (House Bill No. 1028).

AN ACT

To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to require the owner or operator of a municipal solid waste landfill to provide notice to the relevant local governing authority upon the occurrence of certain solid waste releases; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended by adding a new Code section to read as follows:
"12-8-24.3. The owner or operator of a municipal solid waste landfill shall notify the local governing authorities of any city and county in which such landfill is located of any release from the site of such landfill of a contaminant which is likely to pose a danger to human health. In addition, such owner or operator shall cause notice of such release to be published in the legal organ of the county in which such landfill is located. Compliance with the

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requirements of this Code section shall occur within 14 days of confirmation of such release by the division."

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

Approved April 26, 2016.

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HEALTH POSITIVE ALTERNATIVES FOR PREGNANCY AND PARENTING GRANT PROGRAM.

No. 360 (Senate Bill No. 308).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Positive Alternatives for Pregnancy and Parenting Grant Program; to provide for a purpose; to provide for definitions; to provide for administration and duties; to provide for grant services; to provide criteria; to provide for record maintenance and reporting; to provide for reports to the General Assembly; to provide for funding; to provide for redesignation of certain Code provisions and conforming changes; to expand authorized expenditure of contributed 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. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by designating the existing provisions of Chapter 2A, relating to the Department of Public Health, as Article 1.

SECTION 2. Said title is further amended in Chapter 2A, relating to the Department of Public Health, by adding a new article to read as follows:

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"ARTICLE 2

31-2A-30. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.

31-2A-31. As used in this article, the term:
(1) 'Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the client. (2) 'Client' means a person seeking or receiving pregnancy support services. (3) 'Contract management agency' or 'agency' means a nongovernmental charitable organization in this state which is a 501(c)(3) tax-exempt organization under the Internal Revenue Code of 1986 and whose mission and practice is to provide alternatives to abortion services to medically indigent women at no cost. (4) 'Direct client service providers' or 'providers' means nonprofit organizations with a contractual relationship with the contract management agency and that provide direct pregnancy support services to clients at no cost. (5) 'Medically indigent' means a person who is without health insurance or who has health insurance that does not cover pregnancy or related conditions for which treatment and services are sought and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget. (6) 'Pregnancy support services' means those services that encourage childbirth instead of voluntary termination of pregnancy and which assist pregnant women or women who believe they may be pregnant to choose childbirth whether they intend to parent or select adoption for the child. (7) 'Program' means the Positive Alternatives for Pregnancy and Parenting Grant Program. (8) 'Trust fund' means the Indigent Care Trust Fund created by Code Section 31-8-152.

31-2A-32. There is established within the department the Positive Alternatives for Pregnancy and Parenting Grant Program. The purpose of the grant program shall be to promote healthy pregnancies and childbirth by awarding grants to nonprofit organizations that provide pregnancy support services.

31-2A-33. (a) The department shall oversee the program and is authorized to contract with a contract management agency to administer the program. (b) The contract management agency selected by the department shall:

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(1) Create a grant application process; (2) Evaluate grant applications and make recommendations to the department; (3) Communicate acceptance or denial of grant applications to direct client service providers; (4) Monitor compliance with the terms and conditions of the grant; (5) Maintain records for each grant applicant and award; and (6) Coordinate activities and correspondence between the department and direct client service providers.

31-2A-34. The services which shall be funded by this program include:
(1) Medical care and information, including but not limited to pregnancy tests, sexually transmitted infection tests, other health screening, ultrasound service, prenatal care, and birth classes and planning; (2) Nutritional services and education; (3) Housing, education, and employment assistance during pregnancy and up to one year following a birth; (4) Adoption education, planning, and services; (5) Child care assistance if necessary for the client to receive pregnancy support services; (6) Parenting education and support services for up to one year following a birth; (7) Material items which are supportive of pregnancy and childbirth including, but not limited to, cribs, car seats, clothing, formula, or other safety devices; and (8) Information regarding health care benefits, including but not limited to, available Medicaid coverage for the client for pregnancy care that provides health coverage for the client's child upon his or her birth.

31-2A-35. (a) Grants shall be awarded annually on a competitive basis to direct client service providers who display competent experience in providing the services included in Code Section 31-2A-34 pursuant to guidelines and criteria established pursuant to this article. (b) The department shall, with input from the agency, determine the maximum grant amount to be awarded to each direct client service provider, and such grant amount shall not exceed 85 percent of the annual revenue for the prior year of any provider. (c) The grant agreement entered into between the agency and a direct client service provider shall stipulate that the grant shall be used to provide pregnancy support services pursuant to Code Section 31-2A-34. The agreement shall further stipulate that a direct client service provider shall not perform, promote, or act as a referral for an abortion, except as otherwise provided in paragraph (9) of subsection (a) of Code Section 31-2A-36, and that grant funds shall not be used to promote or be otherwise expended for political or religious purposes, including, but not limited to, counseling or written material.

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31-2A-36. (a) In order to be considered for a grant under this article, each direct client service provider shall:
(1) Be a nonprofit organization incorporated in this state with a tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986; (2) Have a primary mission of promoting healthy pregnancy and childbirth; (3) Have a system of financial accountability consistent with generally accepted accounting principles, including an annual budget; (4) Have a board that hires and supervises a director who manages the organization's operations; (5) Have provided pregnancy support services for a minimum of one year; (6) Offer, at a minimum, pregnancy tests and counseling for women who are or may be experiencing unplanned pregnancies; (7) Provide confidential and free pregnancy support services; (8) Provide each pregnant client with accurate information on the developmental characteristics of babies and of unborn children, including offering the printed materials described in Code Section 31-9A-4 on fetal development and assistance available following a birth; (9) Ensure that grant money is not used to encourage or affirmatively counsel a client to have an abortion unless the client's attending physician diagnoses a condition which makes such abortion necessary to prevent her death; to provide her an abortion; or to directly refer her to an abortion provider for an abortion; and (10) Maintain confidentiality of all data, files, and records of clients related to the services provided and in compliance with state and federal laws. (b) The department shall publish the direct client service provider criteria on its website.

31-2A-37. Each direct client service provider shall maintain accurate records and report data to the agency annually on forms and in the manner required by the department. Reports shall include the number of clients who:
(1) Utilized pregnancy support services; (2) Are pregnant; (3) Chose childbirth after receiving pregnancy support services; (4) Chose adoption after receiving pregnancy support services; and (5) Chose abortion after receiving pregnancy support services. Each provider may be required to provide other information and data at the discretion of the department.

31-2A-38. Confidentiality of all data, files, and records of clients related to the services provided under this article shall be maintained by the department, contract management agency, and

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direct client service providers pursuant to federal and state laws related to privacy of medical records, including requirements under the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.

31-2A-39. The agency shall conduct an annual audit of each direct client service provider by an independent certified public accountant within 120 days of the completion of its fiscal year verifying that it has complied with all requirements of this article and any other requirements of the department.

31-2A-40. (a) The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article. (b) The department shall also provide an annual report no later than September 30 of each year beginning September 30, 2017, which shall provide the following information for the immediately preceding fiscal year:
(1) The amount of any contributions or other funding received; (2) The total amount of expenses; and (3) The amount of trust funds disbursed through the agency to direct client service providers. (c) The reports required by this Code section shall be made available to the public free of charge by electronic means and in such other manner as the department deems appropriate.

31-2A-41. The department is authorized to 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 the functions and purposes of this article."

SECTION 3. Said title is further amended by revising Code Section 31-8-154, relating to authorized expenditure of contributed funds, as follows:
"31-8-154. All moneys contributed and revenues deposited and transferred to the trust fund pursuant to this article and any interest earned on such moneys shall be appropriated to the department for only the following purposes:
(1) To expand Medicaid eligibility and services; (2) For programs to support rural and other health care providers, primarily hospitals, who serve the medically indigent; (3) For primary health care programs for medically indigent citizens and children of this state;

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(4) For the Positive Alternatives for Pregnancy and Parenting Grant Program established under Article 2 of Chapter 2A of this title; or (5) Any combination of purposes specified in paragraphs (1) through (4) of this Code section."

SECTION 4. Said title is further amended in Code Section 31-8-156, relating to appropriation of state funds by General Assembly, by revising subsection (b) as follows:
"(b) An appropriation pursuant to subsection (a) of this Code section shall specify each purpose, if any, as specified in paragraphs (1) through (5) of Code Section 31-8-154, for which the trust funds are appropriated thereby."

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

Approved April 26, 2016.

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COURTS DOMESTIC RELATIONS WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES CHILDREN CONCEIVED AS A RESULT OF RAPE; LEGITIMATION; INHERITANCE; TERMINATION OF PARENTAL RIGHTS.

No. 361 (Senate Bill No. 331).

AN ACT

To amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide how causing a child to be conceived as a result of rape is involved in terminating parental rights; to revise a definition; to provide that causing a child to be conceived as a result of rape is relevant in legitimation and adoption proceedings; to provide for a stay of discovery under certain circumstances; to amend Code Section 53-2-4 of the Official Code of Georgia Annotated, relating to inheritance from children born out of wedlock, so as to change provisions relating to a father making a sworn statement in order to inherit from his child; 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 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code, is amended by revising paragraph (5) as follows:
"(5) 'Aggravated circumstances' means the parent has: (A) Abandoned a child; (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; (F) Committed an assault that resulted in serious bodily injury to his or her child or another child of such parent; or (G) Caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age."

SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising subsection (c) of Code Section 19-7-22, relating to a petition for legitimation of a child, as follows:
"(c)(1) Upon the presentation and filing of a legitimation petition, the court may issue an order declaring the father's relationship with the child to be legitimate. If the court grants such petition, the father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock, and the court shall specify the name by which the child shall be known.
(2)(A) If the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, or an offense which consists of the same or similar elements under federal law or the laws of another state or territory of the United States, it shall create a presumption against legitimation. (B) Notwithstanding Code Section 53-2-3, if the court denies a legitimation petition under this paragraph, the child shall be capable of inheriting from or through his or her father. Notwithstanding Code Section 53-2-4, if the court denies a legitimation petition under this paragraph, the father shall not be capable of inheriting from or through his child.

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(C) If there is a pending criminal proceeding in connection with an allegation made pursuant to subparagraph (A) of this paragraph, the court shall stay discovery in the legitimation action until the completion of such criminal proceeding."

SECTION 3. Said title is further amended by revising subsection (a) of Code Section 19-8-10, relating to when the surrender or termination of parental rights is not required in the context of adoption, as follows:
"(a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13 when the court determines by clear and convincing evidence that the:
(1) Child has been abandoned by that parent; (2) Parent cannot be found after a diligent search has been made; (3) Parent is insane or otherwise incapacitated from surrendering such rights; (4) Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age; or (5) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310, and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home."

SECTION 4. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 19-8-11, relating to petitioning the superior court to terminate parental rights, as follows:
"(3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection when the court determines by clear and convincing evidence that the:
(A) Child has been abandoned by that parent; (B) Parent of the child cannot be found after a diligent search has been made; (C) Parent is insane or otherwise incapacitated from surrendering such rights; (D) Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age; or (E) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310,

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and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home."

SECTION 5. Code Section 53-2-4 of the Official Code of Georgia Annotated, relating to inheritance from children born out of wedlock, is amended by revising paragraph (3) of subsection (b) as follows:
"(3) The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship; provided, however, that when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such sworn statement shall be insufficient for purposes of this subsection;"

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

Approved April 26, 2016.

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DOMESTIC RELATIONS PARENTING PLANS.

No. 362 (House Bill No. 52).

AN ACT

To amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to parenting plans, so as to change provisions requiring parenting plans to be incorporated into final orders involving the custody of a child; 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 19-9-1 of the Official Code of Georgia Annotated, relating to parenting plans, is amended by revising subsections (a) and (c) and the introductory language to paragraphs (1) and (2) of subsection (b) as follows:
"(a) Except when a parent seeks emergency relief for family violence pursuant to Code Section 19-13-3 or 19-13-4, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parenting plan. It shall be in the court's discretion as to when a party shall be required to submit a parenting plan to the court. A parenting plan shall be required for permanent custody and modification actions and in the court's discretion may be required for temporary hearings. The final order in any legal action involving the custody of a child, including modification actions, shall incorporate a permanent parenting plan as further set forth in this Code section; provided, however, that unless otherwise ordered by the court, a separate court order exclusively devoted to a parenting plan shall not be required.
(b)(1) Unless otherwise ordered by the court, a parenting plan shall include the following:" "(2) Unless otherwise ordered by the court, or agreed upon by the parties, a parenting plan shall include, but not be limited to:" "(c) If the parties cannot reach agreement on a permanent parenting plan, each party shall file and serve a proposed parenting plan on or before the date set by the court. Failure to comply with filing a parenting plan may result in the court adopting the plan of the opposing party if the judge finds such plan to be in the best interests of the child."

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

Approved April 26, 2016.

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WATERS OF THE STATE, PORTS, AND WATERCRAFT OPERATION OF CERTAIN VESSELS WITHOUT PERSONAL FLOATATION DEVICES; OPERATION OF VESSELS UNDER INFLUENCE OF ALCOHOL, TOXIC VAPORS, AND DRUGS.

No. 363 (House Bill No. 172).

AN ACT

To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft,

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so as to allow for the operation of certain watercraft without a personal flotation device on board; to revise the types of vessels that are applicable to the operation of watercraft while under the influence of alcohol, toxic vapors, or drugs; 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. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, is amended by revising subsection (d) of Code Section 52-7-8, relating to classification of vessels and required equipment, as follows:
"(d) Lifesaving devices. (1) Every vessel shall be equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, that Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel 16 feet or more in length, except for canoes and kayaks, must at all times be equipped with at least one Type IV (throwable) device. (2) No person may use a vessel upon the waters of this state unless the personal flotation devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that the provisions of this subsection shall not apply to racing sculls, racing shells, racing sweeps, or homemade or inflatable rafts, as defined in subsection (o) of Code Section 52-7-12, if such rafts are operated no more than 100 feet from shore on a lake, pond, or other nonflowing body of water. (3) No person shall operate a moving vessel upon the waters of this state with a child under the age of 13 years on board such vessel unless such child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel."

SECTION 2. Said article is further amended by revising subsection (o) of Code Section 52-7-12, relating to the operation of watercraft while under the influence of alcohol, toxic vapors, or drugs, as follows:
"(o) As used in this Code section, the term:

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(1) 'Homemade or inflatable raft' means any platform which floats on the water for purposes of providing buoyancy to a person and which renders transportation with only the aid of such person's hands, arms, legs, or feet. (2) 'Personal watercraft' shall have the same meaning as set forth in Code Section 52-7-8.2. (3) 'Vessel' means every description of watercraft, other than a sailboard or homemade or inflatable raft, used or capable of being used as a means of transportation on water."

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

Approved April 26, 2016.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS REVISIONS CONCERNING CORPORATE OFFICERS AND DIRECTORS; REVISIONS CONCERNING DEFINITIONS, REGISTERED AGENTS, AND SERVICE OF PROCESS.

No. 364 (Senate Bill No. 128).

AN ACT

To amend Article 8 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to directors and officers, so as to enact reforms consistent with the Model Act; to change provisions relating to the functions of a board of directors; to change provisions relating to elections of directors; to change provisions relating to terms for directors; to change provisions relating to actions without meetings; to change provisions relating to committees; to change provisions relating to derivative actions; to change provisions relating to officers; to change provisions relating to functions of officers; to change provisions relating to resignation and removal of officers; to enact provisions relating to business opportunities; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain provisions relating to definitions, registered agent, and service of process; to provide for certain definitions applicable to business corporations, nonprofit corporations, partnerships, and the "Georgia Revised Uniform Limited Partnership Act"; to change certain provisions relating to who may serve as a registered agent for certain domestic and foreign entities, including corporations, nonprofit corporations, limited liability partnerships, limited partnerships, and limited liability companies; to provide for one copy of a process, notice, or demand to be served

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upon the Secretary of State when he or she is acting as an agent for service of process for certain entities; 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 8 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to directors and officers, is amended by revising subsections (a) and (b) of Code Section 14-2-801, relating to the requirement for and duties of board of directors, as follows:
"(a) Except as provided in Article 9 of this chapter or in a written agreement meeting the requirements of Code Section 14-2-732, each corporation must have a board of directors. (b) All corporate powers shall be exercised by or under the authority of the board of directors of the corporation, and the business and affairs of the corporation shall be managed by or under the direction, and subject to oversight, of its board of directors, subject to any limitation set forth in the articles of incorporation, in rights, options, or warrants permitted by paragraph (2) of subsection (d) of Code Section 14-2-624, or except as provided in an agreement among the shareholders meeting the requirements of Code Section 14-2-732."

SECTION 1-2. Said article is further amended by revising subsection (b) of Code Section 14-2-803, relating to number and election of directors, as follows:
"(b) The number of directors may be increased or decreased from time to time by amendment to, or in the manner provided in, the articles of incorporation or the bylaws."

SECTION 1-3. Said article is further amended by revising Code Section 14-2-806, relating to staggered terms for directors, as follows:
"14-2-806. (a) The articles of incorporation or a bylaw adopted by the shareholders may provide for staggering the terms of directors by dividing the total number of directors into two or three groups. In that event, the terms of directors in the first group expire at the first annual shareholders' meeting after their election, the terms of the second group expire at the second annual shareholders' meeting after their election, and the terms of the third group, if any, expire at the third annual shareholders' meeting after their election. At each annual shareholders' meeting held thereafter, directors shall be chosen for a term of two years or three years, as the case may be, to succeed those whose terms expire.

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(b) When the number of directors is increased and any newly created directorships are filled by the board, the terms of the additional directors shall expire at the next annual election of directors by the shareholders."

SECTION 1-4. Said article is further amended by revising Code Section 14-2-821, relating to action without meeting, as follows:
"14-2-821. (a) Except to the extent the articles of incorporation or bylaws require that action by the board of directors be taken at a meeting, action required or permitted by this chapter to be taken by the board of directors may be taken without a meeting if each director signs a consent describing the action to be taken or ratified and delivers it to the corporation. (b) A director's consent may be withdrawn by a revocation signed by the director and delivered to the corporation prior to delivery to the corporation of unrevoked written consents signed by all the directors. (c) Action taken under this Code section is the act of the board of directors when one or more consents signed by all the directors are delivered to the corporation. The consent may specify the time at which the action taken thereunder is to be effective. (d) A consent signed and delivered by a director under this Code section has the effect of action taken at a meeting of the board of directors and may be described as such in any document."

SECTION 1-5. Said article is further amended by revising Code Section 14-2-825, relating to committees, as follows:
"14-2-825. (a) Unless this chapter, the articles of incorporation, or the bylaws provide otherwise, a board of directors may create one or more committees and appoint members of the board of directors to serve on any such committee. Each committee may have one or more members, who serve at the pleasure of the board of directors. (b) Code Sections 14-2-820 through 14-2-824 apply both to committees of the board of directors and to their members. (c) To the extent specified by the board of directors or in the articles of incorporation or bylaws, each committee may exercise the powers of the board of directors under Code Section 14-2-801. (d) A committee may not, however:
(1) Approve or propose to shareholders action that this chapter requires to be approved by shareholders; (2) Fill vacancies on the board of directors or, subject to subsection (f) of this Code section, on any of its committees;

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(3) Amend articles of incorporation pursuant to Code Section 14-2-1002 except that a committee may, to the extent authorized by action of the board of directors, amend the articles of incorporation to fix the designations, preferences, limitations, and relative rights of shares pursuant to Code Section 14-2-602 or to increase or decrease the number of shares contained in a series of shares established in accordance with Code Section 14-2-602 but not below the number of such shares then issued; or (4) Adopt, amend, or repeal bylaws. (e) The creation of, delegation of authority to, or action by a committee does not alone constitute compliance by a director with the standards of conduct described in Code Section 14-2-830. (f) The board of directors may appoint one or more directors as alternate members of any committee to replace any absent or disqualified member during the member's absence or disqualification. Unless the articles of incorporation or the bylaws or the board action creating the committee or appointing one or more directors as alternate members provide otherwise, in the event of the absence or disqualification of a member of a committee, the member or members of the committee present at any meeting and not disqualified from voting, unanimously, may appoint another director to act in place of the absent or disqualified member."

SECTION 1-6. Said article is further amended by revising subsection (a) of Code Section 14-2-831, relating to derivative actions, as follows:
"(a) Subject to Code Sections 14-2-830 and 14-2-842, a derivative proceeding, as defined in paragraph (1) of Code Section 14-2-740, may be brought by a shareholder, or an action may be brought by the corporation, against one or more directors or officers of the corporation to procure for the benefit of the corporation a judgment for the following relief:
(1) Subject to any provision of the articles of incorporation authorized pursuant to paragraph (4) of subsection (b) of Code Section 14-2-202, to compel the defendant to account for official conduct or to decree any other relief called for by his or her official conduct in the following cases:
(A) The neglect of, failure to perform, or other violation of his or her duties in the management of the corporation or in the disposition of corporate assets; (B) The acquisition, transfer to others, loss, or waste of corporate assets due to any neglect of, failure to perform, or other violation of duties; or (C) The appropriation, in violation of his or her duties, of any business opportunity of the corporation; (2) To enjoin a proposed unlawful conveyance, assignment, or transfer of corporate assets or other unlawful transaction where there is sufficient evidence that it will be made; and (3) To set aside an unlawful conveyance, assignment, or transfer of corporate assets where the transferee knew of its unlawfulness and is made a party to the action."

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SECTION 1-7. Said article is further amended by revising subsections (b) and (c) of Code Section 14-2-840, relating to required officers, as follows:
"(b) The board of directors may elect individuals to fill one or more offices of the corporation. A duly appointed officer may appoint one or more officers if authorized by the bylaws or the board of directors. (c) The bylaws or the board of directors shall assign to one of the officers responsibility for preparing the minutes of the directors' and shareholders' meetings and for maintaining and authenticating records of the corporation required to be kept under subsections (a) of Code Sections 14-2-1601 and 14-2-1602."

SECTION 1-8. Said article is further amended by revising Code Section 14-2-841, relating to duties of officers, as follows:
"14-2-841. Each officer has the authority and shall perform the functions set forth in the bylaws or, to the extent consistent with the bylaws, the functions prescribed by the board of directors or by direction of an officer authorized by the board of directors to prescribe the functions of other officers. Unless the articles of incorporation, bylaws, or action of the board of directors of a corporation provide otherwise, the chief executive officer (or the president if no person has been designated as chief executive officer) of a corporation shall have authority to conduct all ordinary business on behalf of such corporation and may execute and deliver on behalf of a corporation any contract, conveyance, or similar document not requiring approval by the board of directors or shareholders as provided in this chapter."

SECTION 1-9. Said article is further amended by revising Code Section 14-2-843, relating to resignation and removal of officers, as follows:
"14-2-843. (a) An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is delivered unless the notice specifies a future later effective time. A copy of the notice of resignation as delivered to the corporation may be filed with the Secretary of State. (b) An officer may be removed at any time with or without cause by:
(1) The board of directors; (2) The officer who appointed such officer, unless the bylaws or the board of directors provide otherwise; or (3) Any other officer if authorized by the bylaws or the board of directors."

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SECTION 1-10. Said article is further amended by revising paragraph (1) of subsection (f) of Code Section 14-2-859, relating to application of part, as follows:
"(1) To advance funds to pay for or reimburse expenses in accordance with Code Section 14-2-853 or subsection (c) of Code Section 14-2-856 to the fullest extent permitted by law; and"

SECTION 1-11. Said article is further amended by adding a new part to read as follows:

"Part 7 14-2-870. (a) A corporation may disclaim, in its articles of incorporation or bylaws or by action of its shareholders or board of directors, any interest of the corporation in, or in being offered, or in excluding directors or officers from taking advantage of or participating in, specific business opportunities or classes or categories of business opportunities that are, have been, or may be in the future presented to the corporation or to one or more of its directors or officers. For purposes of this part, the terms 'director' and 'directors' include a person or persons other than directors to the extent discretion or powers of the board of directors are vested in such person or persons pursuant to Code Sections 14-2-732, 14-2-920, or 14-2-922. (b) A director's or officer's taking advantage of, or participating in, directly or indirectly, a specific business opportunity may not be the subject of equitable relief, or give rise to an award of damages or other sanctions against the director or officer, in a proceeding by a shareholder or by or in the right of the corporation on the ground that such opportunity should have been first offered to the corporation or that the corporation had an interest in, or in being offered, or in excluding the director or officer from taking advantage of or participating in, such opportunity, to the extent the corporation has disclaimed any such interest with respect to such business opportunity pursuant to subsection (a) of this Code section, either with respect to the specific business opportunity or with respect to a class or category of business opportunities that includes such opportunity. (c) Action by the shareholders or board of directors of the corporation approving a disclaimer pursuant to subsection (a) of this Code section that applies to a director with respect to a specific past, present, or future business opportunity shall be effective for all purposes if the director brings such opportunity to the attention of the corporation (if such opportunity is not known to the corporation) and:
(1) Such disclaimer is approved by qualified directors in compliance with the procedures set forth in Code Section 14-2-862, as if the decision being made concerned a director's conflicting interest transaction; or

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(2) Such disclaimer is approved by shareholders' action taken in compliance with the procedures set forth in Code Section 14-2-863, as if the decision being made concerned a director's conflicting interest transaction; except that, rather than making 'required disclosure' as defined in Code Section 14-2-860, in each case the director shall have made prior disclosure to those approving such disclaimer on behalf of the corporation of all material facts concerning the business opportunity that are then known to the director, subject to subsection (e) of this Code section, and that a 'qualified director' is a director who, at the time action is to be taken under paragraph (1) of subsection (c) of this Code section, would be a qualified director under subsection (d) of Code Section 14-2-862 if the business opportunity were a director's conflicting interest transaction. (d) Action by the board of directors or shareholders of the corporation approving a disclaimer pursuant to subsection (a) of this Code section that applies to an officer with respect to a specific past, present, or future business opportunity shall be effective for all purposes if the officer brings such opportunity to the attention of the corporation (if such opportunity is not known to the corporation) and such disclaimer is approved by the board of directors or shareholders in compliance with the procedures set forth in Code Section 14-2-864, as if the decision being made concerned an officer's conflicting interest transaction, except that, rather than making 'required disclosure' as defined in Code Section 14-2-864, in each case the officer shall have made prior disclosure to those approving such disclaimer on behalf of the corporation of all material facts concerning the business opportunity that are then known to the officer, subject to subsection (e) of this Code section. (e) Notwithstanding subsections (c) or (d) of this Code section, a director or officer is not obligated to make prior disclosure to those approving a disclaimer on behalf of the corporation pursuant to subsection (c) or (d) of this Code section of all material facts concerning the business opportunity subject to such disclaimer that are then known to the director or officer to the extent that the director or officer reasonably believes that doing so would violate a duty imposed under law, a legally enforceable obligation of confidentiality, or a professional ethics rule, provided that such director or officer discloses to those acting on behalf of the corporation: (1) All information required to be disclosed that is not so violative; and (2) The nature of the director's or officer's duty not to disclose the confidential information. (f) In any proceeding seeking equitable relief or other remedies based upon an alleged improper taking advantage of or participation in a business opportunity by a director or officer, directly or indirectly, the fact that the director or officer did not employ the procedures described in this Code section before taking advantage of the opportunity shall not: (1) Create an inference that the opportunity should have been first presented to the corporation, that the corporation had an interest in, or in being offered, or in excluding

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the director or officer from taking advantage of or participating in, such opportunity or that the director or officer has or will have appropriated the opportunity in violation of his or her duties by taking advantage of or participating in the opportunity; or (2) Alter the burden of proof otherwise applicable to establish that the director or officer breached a duty to the corporation in the circumstances."

PART II SECTION 2-1.

Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended in Code Section 14-2-140, relating to code definitions applicable to business corporations, by adding two new paragraphs to read as follows:
"(13.1) 'Foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state." "(16.1) 'Limited liability company' means any limited liability company formed under Chapter 11 of this title."

SECTION 2-2. Said title is further amended in Code Section 14-3-140, relating to definitions applicable to nonprofit corporations, by adding two new paragraphs to read as follows:
"(16.1) 'Foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state." "(19.1) 'Limited liability company' means any limited liability company formed under Chapter 11 of this title."

SECTION 2-3. Said title is further amended in Code Section 14-8-2, relating to definitions applicable to partnerships, by adding two new paragraphs to read as follows:
"(4.1) 'Foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state." "(6.1) 'Limited liability company' means any limited liability company formed under Chapter 11 of this title."

SECTION 2-4. Said title is further amended in Code Section 14-9-101, relating to definitions applicable to the "Georgia Revised Uniform Limited Partnership Act," by adding two new paragraphs to read as follows:
"(3.1) 'Foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state." "(6.1) 'Limited liability company' means any limited liability company formed under Chapter 11 of this title."

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PART III SECTION 3-1.

Said title is further amended by revising Code Section 14-2-501, relating to registered office and registered agent applicable to business corporations, as follows:
"14-2-501. Each corporation must continuously maintain in this state:
(1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be:
(A) A person who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation, nonprofit domestic corporation, or domestic limited liability company whose business office is identical with the registered office; or (C) A foreign corporation, nonprofit foreign corporation, or foreign limited liability company authorized to transact business in this state whose business office is identical with the registered office."

SECTION 3-2. Said title is further amended by revising Code Section 14-2-1507, relating to registered office and registered agent of foreign corporation applicable to business corporations, as follows:
"14-2-1507. Each foreign corporation authorized to transact business in this state must continuously maintain in this state:
(1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be:
(A) An individual who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation, nonprofit domestic corporation, or domestic limited liability company whose business office is identical with the registered office; or (C) A foreign corporation, foreign or nonprofit corporation, or foreign limited liability company authorized to transact business in this state whose business office is identical with the registered office."

SECTION 3-3. Said title is further amended by revising Code Section 14-3-501, relating to registered office and registered agent applicable to nonprofit corporations, as follows:
"14-3-501. Each corporation must continuously maintain in this state:
(1) A registered office with the same address as that of the registered agent; and (2) A registered agent, who may be:

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(A) A person who resides in this state and whose office is identical with the registered office; (B) A domestic business or nonprofit corporation or domestic limited liability company formed under this chapter or under Chapter 2 of this title whose office is identical with the registered office; or (C) A foreign business or nonprofit corporation or foreign limited liability company authorized to transact business in this state whose office is identical with the registered office."

SECTION 3-4. Said title is further amended by revising Code Section 14-3-1507, relating to registered office and registered agent of foreign corporation applicable to nonprofit corporations, as follows:
"14-3-1507. Each foreign corporation authorized to transact business in this state must continuously maintain in this state:
(1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be:
(A) An individual who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation, domestic business corporation, or domestic limited liability company whose business office is identical with the registered office; or (C) A foreign corporation, foreign business corporation, or foreign limited liability company authorized to transact business in this state whose business office is identical with the registered office."

SECTION 3-5. Said title is further amended by revising subsection (b) of Code Section 14-8-46, relating to registered office and registered agent required for foreign limited liability partnership, as follows:
"(b) A registered agent must be an individual resident of this state, a domestic corporation, professional corporation, or limited liability company, or a foreign corporation or limited liability company authorized to do business in this state."

SECTION 3-6. Said title is further amended by revising subsection (b) of Code Section 14-9-902.1, relating to registered agent and office under the "Georgia Revised Uniform Limited Partnership Act," as follows:
"(b) An agent for service of process must be an individual resident of this state, a domestic corporation, professional corporation, or limited liability company, or a foreign corporation or limited liability company authorized to do business in this state."

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SECTION 3-7. Said title is further amended by revising subsection (b) of Code Section 14-11-209, relating to registered office and registered agent applicable to limited liability companies, as follows:
"(b) A registered agent must be an individual resident of this state, a corporation, another limited liability company, or a foreign corporation or a foreign limited liability company having a certificate of authority to transact business in this state."

SECTION 3-8. Said title is further amended by revising subsection (b) of Code Section 14-11-703, relating to registered office and registered agent applicable to foreign limited liability companies, as follows:
"(b) A registered agent must be an individual resident of this state, a corporation, limited liability company, or a foreign corporation or another foreign limited liability company having a certificate of authority to transact business in this state."

PART IV SECTION 4-1.

Said title is further amended by revising subsection (i) of Code Section 14-8-46, relating to registered office and registered agent required for foreign limited liability partnership, Secretary of State as agent for service of process, and venue, as follows:
"(i) Whenever a foreign limited liability partnership required to procure a certificate of authority to do business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such foreign limited liability partnership upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with the Secretary of State or with any persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the foreign limited liability partnership failed either to maintain a registered office or appoint a registered agent in this state and that he or she has forwarded by registered mail or statutory overnight delivery such process, service, or demand to the last registered agent at the last registered office listed on the records of the Secretary of State and that service cannot be effected at such office."

SECTION 4-2. Said title is further amended by revising subsection (f) of Code Section 14-11-209, relating to registered office and registered agent relative to limited liability companies, as follows:
"(f) Whenever a limited liability company shall fail to appoint or maintain a registered agent in this state or whenever its registered agent cannot with reasonable diligence be

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found at the registered office, then the Secretary of State shall be an agent of such limited liability company upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the limited liability company failed either to maintain a registered office or appoint a registered agent in this state and that he or she has forwarded by registered or certified mail or statutory overnight delivery such process, notice, or demand to the most recent registered office listed on the records of the Secretary of State and that service cannot be effected at such office."

SECTION 4-3. Said title is further amended by revising subsection (h) Code Section 14-11-703, relating to registered office and registered agent and service on Secretary of State relative to foreign limited liability companies, as follows:
"(h) Whenever a foreign limited liability company required to procure a certificate of authority to transact business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such foreign limited liability company upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the foreign limited liability company failed either to maintain a registered office or appoint a registered agent in this state and that he or she has forwarded by registered or certified mail or statutory overnight delivery such process, notice, or demand to the last registered agent at the most recent registered office listed on the records of the Secretary of State and that service cannot be effected at such office."

PART V SECTION 5-1.

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

Approved April 26, 2016.

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INSURANCE FIRE INSURANCE; EXPANSION OF OWNERSHIP QUALIFICATION.

No. 365 (Senate Bill No. 137).

AN ACT

To amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to expand the ownership restriction as it relates to the application of the value of the property covered against loss by fire; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, is amended by revising Code Section 33-32-5, relating to the amount of insurance in certain fire policies deemed conclusive as to value of property covered, as follows:
"33-32-5. (a) Whenever any policy of insurance is issued to a natural person or persons or to any legal entity wholly owned by a natural person or persons insuring a specifically described one or two family residential building or structure located in this state against loss by fire and the building or structure is wholly destroyed by fire without fraudulent or criminal fault on the part of the insured or one acting in his or her behalf, the amount of insurance set forth in the policy relative to the building or structure shall be taken conclusively to be the value of the property, except to the extent of any depreciation in value occurring between the date of the policy or its renewal and the loss, provided that, if loss occurs within 30 days of the original effective date of the policy, the insured shall be entitled to the actual loss sustained not exceeding the sum insured. Nothing in this Code section shall be construed as prohibiting the use of coinsurance or as preventing the insurer from repairing or replacing damaged property at its own expense without contribution on the part of the insured. (b) Subsection (a) of this Code section shall not apply where:
(1) The building or structure is not wholly destroyed by fire; (2) Insurance policies are issued or renewed by more than one company insuring the same building or structure against fire and the existence of the additional insurance is not disclosed by the insured to all insurers issuing policies; (3) Two or more buildings or structures are insured under a blanket form for a single amount of insurance; or

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(4) The completed value of a building or structure is insured under a builders' risk policy."

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

Approved April 26, 2016.

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ANIMALS REGISTRATION, LICENSING, AND PERMITTING FEES FOR CERTAIN DOGS.

No. 366 (Senate Bill No. 184).

AN ACT

To amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to dogs, so as to provide that any domestic dog that is registered with the American Kennel Club or United Kennel Club as a sporting breed group dog, hound breed group dog, or nonsporting breed group dog or that is of a breed used in the lawful pursuit of hunting in this state pursuant to Title 27, that is used during an established hunting season to aid an individual to pursue or hunt wildlife, and whose owner or other member of the household has a hunting permit from the Department of Natural Resources shall be classified as a hunting dog, and the owner of any such dog shall receive the same registration, licensing, or permitting fee from any local government as is available to owners of dogs which have been spayed or neutered; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to dogs, is amended by adding a new Code section to read as follows:
"4-8-1.2. Any domestic dog that is registered with the American Kennel Club or United Kennel Club as a sporting breed group dog, hound breed group dog, or nonsporting breed group dog or that is of a breed used in the lawful pursuit of hunting in this state pursuant to Title 27, that is used during an established hunting season to aid an individual to pursue or hunt wildlife,

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and whose owner or other member of the household has a hunting permit from the Department of Natural Resources shall be classified as a hunting dog, and the owner of any such dog shall receive the same registration, licensing, or permitting fee from any local government as is available to owners of dogs which have been spayed or neutered. Nothing in this Code section shall affect the ability of local governments to deal with vicious dogs, abandoned dogs, or stray dogs."

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

Approved April 26, 2016.

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FIRE PROTECTION AND SAFETY NOTICE PRIOR TO BLASTING OR EXCAVATING; PROHIBIT ORDINANCES OR RESOLUTIONS IMPOSING FINES FOR VIOLATION OF CERTAIN MARKING OR LOCATION REQUIREMENTS.

No. 367 (Senate Bill No. 191).

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 change certain provisions relating to notice to be given prior to blasting or excavating; to prohibit local governing authorities from enforcing ordinances or resolutions which impose certain fines for violating ordinances or resolutions setting forth certain marking or location requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near utility facilities, is amended by revising subsection (c) of Code Section 25-9-6, relating to prerequisites to blasting or excavating and marking of sites, as follows:
"(c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 30 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

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within 30 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."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"25-9-11.1. No local governing authority shall enforce any ordinance or resolution which imposes fines for a violation of a local ordinance or resolution that establishes requirements for white lining, marking of utility facilities, re-marking of utility facilities, or otherwise locating utility facilities or sewer laterals for any locate request or large project."

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

Approved April 26, 2016.

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LOCAL GOVERNMENT PROCEDURE TO OBTAIN INFORMATION REGARDING MONEYS OWED FOR WATER SUPPLIED TO CERTAIN REAL PROPERTY.

No. 368 (Senate Bill No. 206).

AN ACT

To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for a procedure to obtain information regarding moneys owed for water supplied to certain real property under certain circumstances; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by revising Code

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Section 36-60-17, relating to water supplier's cut off of water to premises because of indebtedness of prior owner, occupant, or lessee prohibited, as follows:
"36-60-17. (a) No public or private water supplier shall refuse to supply water to any single or multifamily residential property for which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new tenant of such property because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such property. (b) For each new or current account to supply water, the public and private water suppliers shall maintain a record of identifying information on the applicant for the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.
(c)(1) Any real property owner or tenant, person having executed a contract for the purchase or occupancy of real property, attorney closing a real estate transaction for the purchase of real property, or lender considering the loan of funds to be secured by real property shall be entitled upon request to a statement from a public or private water supplier setting forth the amount of water charges currently and past due and any late charges and interest applicable for water supplied to such property. Such request shall:
(A) Be in writing; (B) State the address of the real property for which water was supplied; (C) Be delivered to the billing address of the public or private water supplier by certified mail, return receipt requested, statutory overnight delivery, or electronic means if electronic communication is permitted by such supplier; and (D) State a return address or e-mail address to which the statement reflecting the moneys owed is to be directed. (2) Any request transmitted by electronic means shall be considered received on the first business day following such transmission. (3) The public or private water supplier shall furnish such statement to the requestor by certified mail, return receipt requested, statutory overnight delivery, or electronic means if electronic communication is provided by the requestor within ten business days of receipt of such request. Such supplier may charge a fee not to exceed $10.00 to provide the requested information. (4) The failure of the public or private water supplier to provide such statement within such ten business day period shall: (A) Cause any lien for unpaid charges provided by this Code section to be extinguished and to be of no force or effect as to the title acquired by the purchaser or lender, if any, and their respective successors and assigns in the transaction contemplated in connection with such request; and (B) Prevent the public or private water supplier from denying water services to the new real property owner or tenant.

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(5) The information specified in the public or private water supplier's statement shall be binding upon the public or private water supplier as of the date of the statement and for 30 days thereafter. When payment in full is tendered within such 30 day period, it shall extinguish any lien by operation of law which the public or private water supplier may have against such property. (d) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges and shall not deny water services when such a lien has been extinguished. (e) This Code section shall not apply to associations that are subject to Article 3 of Chapter 3 of Title 44 which supply water. (f) A public or private supplier of gas, sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, sewerage service, or electricity unless the owner of such real property is the person who incurred the charges."

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

Approved April 26, 2016.

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COURTS COURTS AND COURT MANAGEMENT; DISQUALIFICATION OF JUDGE, JUDICIAL OFFICER, GRAND JUROR, OR TRIAL JUROR DUE TO RELATIONSHIP; ELECTRONIC FILING.

No. 369 (Senate Bill No. 262).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change provisions relating to courts and court management; to change provisions relating to when a judge, judicial officer, grand juror, or trial juror may be disqualified from presiding or serving, as applicable, due to being related by consanguinity or affinity to a party; to provide for filing of documents in superior and state courts by electronic means; to change provisions relating to filing documents by electronic means in magistrate courts; 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 paragraph (2) of subsection (a) of Code Section 15-1-8, relating to when a judge or judicial officer is disqualified, as follows:
"(2) Preside, act, or serve in any case or matter when such judge is related by consanguinity or affinity within the third degree as computed according to the civil law to any party interested in the result of the case or matter; or"

SECTION 2. Said title is further amended by revising Code Section 15-6-11, which was previously reserved, as follows:
"15-6-11. By court rule or standing order, any superior court may provide for the filing of pleadings and any other documents and for the acceptance of payments and remittances by electronic means. Nothing in this Code section shall be construed to prevent a clerk's acceptance of payments and remittances by electronic means under the clerk's own authority."

SECTION 3. Said title is further amended by a new Code section to read as follows:
"15-7-5. By court rule or standing order, any state court may provide for the filing of pleadings and any other documents and for the acceptance of payments and remittances by electronic means. Nothing in this Code section shall be construed to prevent a clerk's acceptance of payments and remittances by electronic means under the clerk's own authority."

SECTION 4. Said title is further amended by revising subsection (i) and adding a new subsection to Code Section 15-10-53, relating to filing documents by electronic means, to read as follows:
"(i) Any pleading or document filed electronically shall be deemed filed as of the time of its receipt by the electronic filing service provider." "(l) When a filing involves the transfer of funds, the court may establish a procedure for making such transactions by electronic means."

SECTION 5. Said title is further amended by revising Code Section 15-12-70, relating to disqualification for relationship to interested party, as follows:
"15-12-70. All grand jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the third degree as computed according to the civil law. Relationship more remote shall not be a disqualification."

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SECTION 6. Said title is further amended by revising subsection (a) of Code Section 15-12-135, relating to disqualification for relationship to interested party, as follows:
"(a) All trial jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the third degree as computed according to the civil law. Relationship more remote shall not be a disqualification."

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

Approved April 26, 2016.

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LOCAL GOVERNMENT STATE GOVERNMENT CERTIFICATION OF COMPLIANCE WITH IMMIGRATION SANCTUARY POLICIES AS CONDITION OF FUNDING OF LOCAL GOVERNING BODIES; ANNUAL IMMIGRATION COMPLIANCE REPORTS.

No. 370 (Senate Bill No. 269).

AN ACT

To amend Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to the prohibition on immigration sanctuary policies by local governmental entities, so as to require local governing bodies to provide certain entities with a certification of compliance with such Code section as a condition of funding; to amend Code Section 50-36-4 of the Official Code of Georgia Annotated, relating to requiring agencies to submit annual immigration compliance reports, so as to provide for reporting pursuant to Code Section 36-80-23; 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 36-80-23 of the Official Code of Georgia Annotated, relating to the prohibition on immigration sanctuary policies by local governmental entities, is amended by revising subsection (d) as follows:
"(d) As a condition of funding, the Department of Community Affairs, the Department of Transportation, or any other state agency that provides funding to local governing bodies

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shall require certification pursuant to Code Section 50-36-4 as proof of compliance with this Code section."

SECTION 2. Code Section 50-36-4 of the Official Code of Georgia Annotated, relating to requiring agencies to submit annual immigration compliance reports, is amended by revising subsections (b) and (d) as follows:
"(b) Each agency or political subdivision subject to any of the requirements provided in Code Sections 13-10-91, 36-60-6, 36-80-23, and 50-36-1 shall submit an annual immigration compliance report to the department by December 31 that includes the information required under subsection (d) of this Code section for the annual reporting period. If an agency or political subdivision is exempt from any, but not all, of the provisions of subsection (d) of this Code section, it shall still be required to submit the annual report but shall indicate in the report which requirements from which it is exempt." "(d) The immigration compliance report provided for in subsection (b) of this Code section shall contain the following:
(1) The agency or political subdivision's federal work authorization program verification user number and date of authorization; (2) The legal name, address, and federal work authorization program user number of every contractor that has entered into a contract for the physical performance of services with a public employer as required under Code Section 13-10-91 during the annual reporting period; (3) The date of the contract for the physical performance of services between the contractor and public employer as required under Code Section 13-10-91; (4) A listing of each license or certificate issued by a county or municipal corporation to private employers that are required to utilize the federal work authorization program under the provisions of Code Section 36-60-6 during the annual reporting period, including the name of the person and business issued a license and his or her federally assigned employment eligibility verification system user number as provided in the private employer affidavit submitted at the time of application;
(5)(A) A listing of each public benefit administered by the agency or political subdivision and a listing of each public benefit for which SAVE program authorization for verification has not been received. (B) As used in this paragraph, the terms 'public benefit' and 'SAVE program' shall have the same meanings as set forth in Code Section 50-36-1; and (6) The agency or political subdivision's certificate of compliance with Code Section 36-80-23."

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

Approved April 26, 2016.

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COUNTIES OF 200,000 OR MORE BY 1930 CENSUS OR FUTURE CENSUS BUDGETING; REPEAL.

No. 371 (Senate Bill No. 274).

AN ACT

To repeal an Act entitled "An Act to repeal an Act entitled 'An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word 'authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes' approved March 16, 1939, appearing in Georgia Laws 1939, pp. 272-276, and all Acts amendatory thereto; and for other purposes," approved March 2, 1953 (Ga. L. 1953, p. 2815), and all Acts amendatory thereto; to provide for the nonrevival of a previously repealed Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to repeal an Act entitled 'An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word 'authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes' approved March 16, 1939, appearing in Georgia Laws 1939, pp. 272-276, and all Acts amendatory thereto; and for other purposes," approved March 2, 1953 (Ga. L. 1953, p. 2815), and all Acts amendatory thereto are hereby repealed.

SECTION 2. The repeal of Act No. 350, approved March 2, 1953 (Ga. L. 1953, p. 2815), as provided by Section 1 of this Act shall not have the effect of reviving Act No. 194, approved March 16, 1939 (Ga. L. 1939, p. 272).

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

Approved April 26, 2016.

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LAW ENFORCEMENT OFFICERS AND AGENCIES GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL; MEMBERSHIP.

No. 372 (Senate Bill No. 279).

AN ACT

To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to include the commissioner of juvenile justice and the commissioner of natural resources as voting members of the Georgia Peace Officer Standards and Training Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by revising Code Section 35-8-3, relating to establishment of Georgia Peace Officer Standards and Training Council, membership, organization, and administrative assignment to Department of Public Safety, as follows:
"35-8-3. (a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 22 voting members and five advisory members. (b) The voting members shall consist of:
(1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs Association or his or her designee, the president of the Georgia Municipal Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers' Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the commissioner of community supervision or his or her designee, the chairperson of the State Board of

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Pardons and Paroles or his or her designee, the president of the Georgia Prison Wardens Association or his or her designee, the commissioner of juvenile justice or his or her designee, and the commissioner of natural resources or his or her designee, who shall be ex officio members of the council; (2) Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and (3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term. (c) Five advisory members shall be appointed by the council to serve on the council in an advisory capacity only without voting privileges. (d) Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (e) The council is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Code Section 50-4-3."

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

Approved April 26, 2016.

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PUBLIC OFFICERS AND EMPLOYEES MULTIBANK POOLING OF DEPOSITORIES FOR DEPOSITS OF PUBLIC FUNDS.

No. 373 (Senate Bill No. 283).

AN ACT

To amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, so as to provide for multibank pooling of depositories for the acceptance of deposits of public funds from public bodies; to provide for definitions, procedures, conditions, and limitations on the establishment of such pools; 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 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, is amended by revising Code Section 45-8-1, relating to definitions, as follows:
"45-8-1. As used in this chapter, the term:
(1) 'Collecting officer' means any person who is either generally or specifically elected, appointed, or employed, in whole or in part, to collect any tax, revenue, or other moneys on behalf of the state or any of its political subdivisions or on behalf of any board, commission, bureau, or department thereof. The term shall not mean any state, municipality, or county tax collector or revenue agent pursuant to Title 48. (2) 'Commissioner' means the commissioner of banking and finance. (3) 'County authority' means the judge of the probate court or the board of county commissioners or other tribunal, body, or officer having jurisdiction over the fiscal affairs of the county.
(4)(A) 'Covered depository' means: (i) Any depository whose total assets exceed $50 billion as of the latest Consolidated Report of Condition and Income filed by the depository with the Federal Deposit Insurance Corporation and has qualified to serve as a depository for state funds pursuant to Code Section 50-17-50; or (ii) A depository whose total assets are less than $50 billion as of the latest Consolidated Report of Condition and Income filed by the depository with the Federal Deposit Insurance Corporation, has qualified to serve as a depository for state funds pursuant to Code Section 50-17-50, and has elected to participate in the multibank pooled method.

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(B) A covered depository in operation as of January 1, 2016, may continue to secure public body deposits using the dedicated method, the single bank method, or both methods until policies and procedures have been approved by the State Depository Board regarding the multibank pooled method, which shall occur no later than July 1, 2017. (5) 'Custodian' means the state treasurer, any Federal Reserve Bank, or any Federal Home Loan Bank approved by the state treasurer, or any bank, savings association, or trust company that: (A) Is organized and existing under the laws of this state, any other state, or the United States; (B) Has executed all forms required under this chapter or any rule adopted under this chapter; (C) Agrees to be subject to the jurisdiction of the courts of this state or of courts of the United States which are located within this state for the purpose of any litigation arising out of this chapter; and (D) Has been approved by the state treasurer to act as a custodian; and which holds a pool of collateral for public deposits established by a depository pursuant to Code Section 45-8-13. (6) 'Daily pool balance' means the daily balance of deposits of public funds held by a depository which balance is secured by the single bank pooled method as specified in paragraph (2) of subsection (b) of Code Section 45-8-13, or the multibank pooled method as specified in paragraph (2) of subsection (c) of Code Section 45-8-13. Insured deposits and deposits of public funds for which no collateral is required under subsection (b) or (d) of Code Section 45-8-12 or special deposits and operating funds for which collateral has been duly waived pursuant to subsection (b) of Code Section 45-8-11 or paragraph (3) of Code Section 50-17-53 shall be excluded from the balance of deposits of public funds for purposes of determining the daily pool balance. (7) 'Default' includes, without limitation, the failure or refusal of a depository holding funds of a public body to pay any check or warrant drawn upon sufficient and collected funds by any public body depositor or to return any deposit on demand or at maturity together with interest as agreed; the issuance of an order by any supervisory authority restraining such depository from making payments of deposit liabilities; or the appointment of a receiver for such depository. (8) 'Depository' means any bank designated, named, or appointed from time to time: (A) By the State Depository Board as qualified to serve as a depository of state funds pursuant to Code Section 50-17-50; (B) By county authorities or others as depositories for county and other public funds pursuant to Code Section 45-8-14; or (C) By collecting officers and officers holding public funds as a depository for public funds pursuant to Code Section 45-8-11.

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(9) 'Officer to hold public funds' means not only the state treasurer, municipality or county treasurers, the State School Superintendent, municipality or county school superintendents, and treasurers of school districts, but also every other person, by whatever name or title called, who shall be either generally or specially elected, appointed, or employed with the duty, in whole or in part, to receive, hold, or disburse any public money or revenue on behalf of the state or any of its political subdivisions or on behalf of any board, commission, bureau, or department. (10) 'Proper authority' means the officer, board, commission, or other tribunal or body having the jurisdiction to act in the particular matter. (11) 'Public body' means not only the state, municipalities, counties, school districts, drainage districts, and other districts created for special purposes, but also every other political subdivision of the state and every board, bureau, commission, and department of the state or any subdivision thereof, as the context may require. (12) 'State authority' means the officer or officers or board, bureau, commission, or other person or persons who, in their official capacity, shall have, according to the laws of this state, the duty or jurisdiction to act on behalf of the state in the particular matter."

SECTION 2. Said chapter is further amended in Code Section 45-8-12, relating to bonds and pledges of securities for depositories, by revising subsections (b) and (c) as follows:
"(b) The collecting officer or officer holding public funds shall accept the guarantee or insurance of accounts by the Federal Deposit Insurance Corporation to secure public funds on deposit in depositories to the extent authorized by federal law governing the Federal Deposit Insurance Corporation. (c) A depository may secure deposits made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to in subsection (a) of this Code section, partly by the guarantee or insurance of accounts by the Federal Deposit Insurance Corporation, or by any combination of these methods. Except for covered depositories, the aggregate of the face value of such surety bond and the market value of securities pledged shall be equal to not less than 110 percent of the public funds being secured after the deduction of the amount of deposit insurance."

SECTION 3. Said chapter is further amended in Code Section 45-8-13, relating to deposit of securities by banks or depositories and interest or compensation, by revising subsections (b) and (c) as follows:
"(b) Depositories that are not covered depositories may secure deposits of public funds using the dedicated method, the single bank pooled method, or both methods, as enumerated in this subsection:
(1) Under the dedicated method, a depository shall secure the deposits of each of its public body depositors separately. It is intended that the dedicated method is the method

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permitted under Code Section 45-8-12 and that this method will not be affected by this subsection; or (2) Under the single bank pooled method, a depository shall secure deposits of public funds of public bodies which have deposits with it through a pool of collateral established by the depository with a custodian for the benefit of public bodies having deposits with such depository as set forth in Code Section 45-8-13.1. If a depository elects the single bank pooled method, it may use the single bank pooled method with some public body depositors and the dedicated method with other public body depositors. (c) Covered depositories shall secure public funds from public bodies as provided in this subsection: (1) Establish a pool of collateral with a custodian for the benefit of public bodies having deposits with such covered depository as set forth in Code Section 45-8-13.1; (2) Secure deposits made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to in subsection (a) of Code Section 45-8-12, partly by the guarantee or insurance of accounts by the Federal Deposit Insurance Corporation, any obligation authorized pursuant to the policies and procedures of the State Depository Board, or by any combination of these methods. The aggregate of the face value of such surety bond and the market value of securities pledged shall be a percent of the public funds being secured after the deduction of the amount of deposit insurance as established quarterly pursuant to a formula proposed by the commissioner and adopted by the State Depository Board based on the ratings of the covered depository from one or more nationally recognized rating services. The commissioner is authorized to propose to the State Depository Board multiple tiers of collateralization requiring different percentages of securities to be pledged to secure deposited public funds; and (3) Under the multibank pooled method, each covered depository shall guarantee the deposits of a public body against loss caused by the default of other depositories within the multibank pool."

SECTION 4. Said chapter is further amended by revising Code Section 45-8-13.1, relating to depositories using pooled method of securing deposits of public funds and rights and responsibilities of the state treasurer, as follows:
"45-8-13.1. (a) Only depositories which have met the qualifications imposed by this Code section may use a pooled method. If a depository elects a pooled method, it shall notify the state treasurer in writing of its desire to utilize a pooled method and the proposed effective date thereof and provide to the state treasurer executed copies of the custodial agreement, resolution, and other agreements and data as may be required by the state treasurer. Upon meeting the qualifications of this Code section, the state treasurer shall issue a certificate of qualification, and such bank or trust company shall become a depository permitted to use a pooled method.

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(b) The aggregate of the market value of the securities pledged to secure a pool of public funds under the single bank pooled method shall be not less than 110 percent of the daily pool balance. The aggregate of the market value of the securities pledged to secure a pool of public funds under the multibank pooled method shall be not less than the percent established by the State Depository Board for the multibank pooled method provided for in paragraph (2) of subsection (c) of Code Section 45-8-13, which shall be neither less than 25 percent nor greater than 125 percent. Notwithstanding these parameters for the multibank pool, the aggregate market value of securities pledged shall be not less than 100 percent for amounts greater than 20 percent of the total daily pool balance held by any one covered depository. The State Depository Board, upon the recommendation of the state treasurer, in consultation with the commissioner, shall have the authority to increase the percent collateralization of any covered depository to a maximum of 125 percent at any time as economic conditions warrant.
(c)(1) A depository may not retain any deposit of public funds which is required to be secured unless, within ten days thereafter or such shorter period as has been agreed upon by the depository and the state treasurer, it has deposited for the benefit of the pool eligible collateral equal to its required collateral pursuant to this Code section. (2) For reporting purposes, each depository using a pooled method shall determine the market value of its collateral. Each depository shall provide such monthly reports to the state treasurer as the state treasurer shall require. (3) A depository may not substitute or withdraw collateral previously pledged as part of a pool without the prior approval of the state treasurer. The state treasurer shall grant such approval if:
(A) In the case of substitution of collateral, the market value of the substituted collateral is equal to or greater than the market value of the collateral withdrawn; and (B) In the case of withdrawal of collateral:
(i) The depository certifies in writing that such withdrawal will not reduce its collateral below its required collateral; and (ii) This certification is substantiated by a statement of the depository's current daily pool balance that indicates that after withdrawal such deposits will continue to be secured to the full extent required by law. (d) The state treasurer shall be authorized to delegate to any bank, savings association, trust company, or other qualified firm, corporation, or association which is authorized to transact business in the State of Georgia such of its rights and responsibilities with respect to a pooled method as the state treasurer deems appropriate including, without limitation, the right to approve or disapprove any substitutions or withdrawals permitted under this Code section. Fees and expenses of the bank, savings association, trust company, or other qualified firm, corporation, or association to which the state treasurer delegates his or her rights and responsibilities under this subsection shall be paid by the depositories using a pooled method.

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(e) The state treasurer, upon a default by a depository using a pooled method, shall request immediate delivery of such part of the pooled, pledged collateral as may be needed to hold the state treasurer or any public body depositor harmless from losses incurred by the default. The state treasurer shall have full discretion as to the amounts and securities to be delivered. The state treasurer shall sell as much of the collateral as is needed to provide cash to cover the amount of the default and expenses resulting therefrom. From the proceeds of the sale of such collateral, the state treasurer shall pay any amounts owing to public body depositors who participated in the pooled fund of the defaulting depository. Public body depositors whose deposits are secured by a single bank pool of a defaulting depository shall look solely to the assets of such pool and to the assets of the defaulting depository and shall have no claim, ex contractu or otherwise, against the state, other depositories, or the assets of pools created by other depositories. Public body depositors whose deposits are secured in a multibank pool of a defaulting covered depository shall look to the assets of the defaulting covered depository. If such assets are insufficient to cover amounts owing to public body depositors, the state treasurer shall assess all covered depositories, except the defaulting covered depository, on a pro rata basis based upon a covered depository's percentage remaining share of the deposit of the public body; and a public body depositor shall have no claim, ex contractu or otherwise, against the state, depositories outside the multibank pool, or the assets of pools in a defaulting depository created outside the multibank pool. The failure of a covered depository to satisfy an assessment from the state treasurer in a timely manner shall be an event of default. (f) In addition to all of the rights provided to the state treasurer in this chapter, the state treasurer shall have the following powers:
(1) To adopt such rules and prescribe such forms as may be necessary to accomplish the purposes of this chapter; (2) To decline, accept, or reduce the reported value of collateral, as circumstances may require, in order to ensure the pledging of sufficient marketable collateral to meet the purposes of this chapter; (3) To suspend or disqualify any custodian or depository that has violated any provision of this chapter or any rule adopted pursuant to this chapter; (4) To require depositories to furnish detailed monthly reports of deposits from public bodies held by the depository, including depositor names and addresses, deposit amounts, and any additional information requested by the state treasurer; (5) To confirm deposits of funds by a public body to the extent possible under current law; and (6) To monitor and confirm, as often as deemed necessary by the state treasurer, the pledged collateral held by third-party custodians. (g) Neither the provisions of this chapter nor the exercise of any right or duty by the state treasurer or the commissioner authorized or permitted by Code Section 45-8-13 or this Code section shall be construed as a waiver of sovereign immunity.

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(h) Pursuant to Code Section 50-17-53 and the other powers of the State Depository Board, the State Depository Board may establish policies and procedures related to the operation of a multibank pool, including, but not limited to, defining eligible collateral, establishing collateral limits, adopting the schedule of fees charged to covered depositories, establishing a formula to calculate different collateralization tiers, and reporting requirements."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of promulgating rules and regulations.

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

Approved April 26, 2016.

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INSURANCE INSURANCE AGENTS; LICENSING.

No. 374 (Senate Bill No. 290).

AN ACT

To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing, so as to clarify those individuals not required to be licensed as an insurance agent; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing, is amended in Code Section 33-23-4, relating to license required, restrictions on payment or receipt of commissions, positions indirectly related to sale, solicitation, or negotiation of insurance excluded from licensing requirements, by revising subparagraph (h)(2)(B) as follows:
"(B) A person who meets the criteria set forth in paragraphs (1), (4), or (6) of subsection (b) of Code Section 33-23-1;"

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

Approved April 26, 2016.

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CRIMES AND OFFENSES BINGO; MANNER OF DRAWING LOTS; PRIZE LIMITATIONS.

No. 376 (Senate Bill No. 316).

AN ACT

To amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to specify that lots shall be chosen by a natural person; to remove the daily permissible prize limitation while preserving the weekly permissible prize limitation; 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 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, is amended by revising paragraph (1) of Code Section 16-12-51, relating to definitions, as follows:
"(1) 'Bingo game' or 'nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. A bingo game may be played manually or with an electronic or computer device that stores the numbers from a player's card or cards, tracks the numbers chosen by lot when such numbers are entered by the player, and notifies the player of a winning combination; provided, however, that the numbers chosen by lot shall be chosen by a natural person who is physically located on the premises or property described in Code Section 16-12-57 on which the game is operated. Such words, terms, or phrases, as used in this paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity."

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SECTION 2. Said part is further amended by revising subsection (f) of Code Section 16-12-60, relating to rules and regulations relative to bingo, as follows:
"(f) It shall be unlawful to award prizes in excess of $3,000.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limitation at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limitation contained in this Code section. The term 'equivalent value' shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game."

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

Approved April 26, 2016.

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PROFESSIONS AND BUSINESSES MENTAL HEALTH SCOPE OF PRACTICE FOR PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS; CONTINUING EDUCATION; TESTING.

No. 377 (Senate Bill No. 319).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that professional counseling includes diagnosing emotional and mental problems and conditions; to clarify that persons licensed as professional counselors, social workers, and marriage and family therapists are not authorized to conduct psychological testing; to provide for legislative findings and intent; to provide for a curriculum of continuing education relating to diagnosing; to provide for the establishment of rules and regulations regarding testing conducted by licensed professional counselors; to clarify that psychological testing is part of the practice of psychology; to provide that certain licensed persons are able to perform certain tests other than psychological testing; to revise definitions; to amend Code Section 37-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to the general provisions governing and regulating mental health, so as to conform a cross-reference; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that the mental health and wellness needs of Georgia's citizens require the availability of trained mental health professionals who can accurately diagnose, treat, prescribe, and appropriately assess the mental and emotional illnesses, disorders, and conditions from which they suffer and the vocational, educational, interpersonal, and intrapersonal needs essential to living and learning how to live productive and useful lives. It is the intent of the General Assembly to assure geographical and financial access for all of Georgia's citizens to excellent mental health services to the extent that Georgia's resources and regulations permit. To these ends, Georgia regulates its licensed psychiatrists, psychologists, professional counselors, marriage and family therapists, and clinical social workers who provide graduate level professional services to Georgia's private and public mental health services and to its public mental health, educational, and vocational support systems. The General Assembly seeks in such regulatory process to protect the public and assure it receives high quality and appropriate services and to define the scopes of practice and diagnostic authority for each of these professional groups consistent with the graduate level training and supervision, or its equivalent, that the members of each profession have sought and successfully completed. The General Assembly has empowered and authorized the Georgia Composite Medical Board, the State Board of Examiners of Psychologists, and the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to fulfill these responsibilities and expects them to work together to assure a continuum of professional services that ensure appropriate diagnostic and assessment functions for each profession and the psychotherapeutic and counseling treatment services appropriate to each profession. The General Assembly recognizes that advances in medicine, science, education, training, and service delivery occur constantly in our modern history and therefore also expects the regulatory boards for each profession to assure that its licensees seek and successfully complete appropriate continuing education and training for the functions and services authorized to each profession.

SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-10A-3, relating to definitions relative to professional counselors, social workers, and others, by adding a new paragraph and by revising paragraph (10) to read as follows:
"(4.1) 'Diagnose' means the use, administration, or application of any criteria contained within standard classification or diagnostic systems for mental disorders and that are related to the scope of practice as provided pursuant to this chapter. Diagnose shall not mean the diagnosis of any neuropsychological functioning or conditions." "(10) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in

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identifying and resolving personal, social, vocational, intrapersonal, and interpersonal concerns; utilizes counseling and psychotherapy to evaluate, diagnose, treat, and recommend a course of treatment for emotional and mental problems and conditions, whether cognitive, behavioral, or affective, provided that the counselor shall have training and experience working with people with mental illness, developmental disability, or substance abuse; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information, community resources, and goal setting for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or disabling condition; utilizes referral for persons who request counseling services; performs service planning; and utilizes and interprets counseling research."

SECTION 3. Said title is further amended by designating the present provisions as subsection (a) and by adding a new subsection to Code Section 43-10A-16, relating to continuing education for professional counselors, to read as follows:
"(b) On or before January 1, 2017, the board shall develop a curriculum of continuing education relating to diagnosing by persons licensed under this chapter working with people with mental illness, developmental disabilities, or substance abuse. All persons licensed under this chapter who have not already completed as of January 1, 2017, sufficient training, experience, or classes related to diagnosing as part of their licensure requirements as required by the board shall complete such curriculum no later than January 1, 2018. As of the effective date of this subsection, persons licensed under this chapter with at least ten years of experience as a professional counselor, clinical social worker, or marriage and family therapist working with people with mental illness, developmental disabilities, or substance abuse and in good standing with the board shall be exempt from the requirements of this subsection."

SECTION 4. Said title is further amended by revising Code Section 43-10A-22, relating to restrictions on the scope of practice relative to professional counselors, social workers, and marriage and family therapists, as follows:
"43-10A-22. (a) Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice nursing, occupational therapy, physical therapy, medicine, or psychology, as regulated under Chapters 26, 28, 33, 34, and 39, respectively, of this title nor shall anything in this chapter be construed to limit or regulate the practice of those licensed under Chapters 26, 28, 33, 34, and 39 of this title, nor shall anything in this chapter

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be construed to authorize persons licensed under this chapter to perform psychological testing as defined in Code Section 43-39-1. (b) On or before January 1, 2017, the board, in consultation with the State Board of Examiners of Psychologists, shall promulgate rules and regulations that define for its licensees testing and assessments authorized by this chapter and not prohibited by this Code section. The board shall retain its full authority to determine the education, experience, and training necessary and appropriate to any testing or assessments conducted by its licensees. The board and the State Board of Examiners of Psychologists shall notify each other in the event of any enforcement inquiry, penalty, or legal order relating to testing or assessments that are not within the scope of authority for licensees of either board and permit the other board to render any advice or comment relating to such action 30 days prior to any final action by the board."

SECTION 5. Said title is further amended by revising Code Section 43-39-1, relating to definitions relative to psychologists, as follows:
"43-39-1. As used in this chapter, the term:
(1) 'Board' means the State Board of Examiners of Psychologists. (2) 'Mental abilities' means abilities that are psychological in nature and are related to the practice of psychology. (3) 'Neuropsychological functioning' means the psychological manifestations of brain functioning. Neuropsychological functioning includes but is not limited to sensory motor functioning, attention, concentration, memory, language, abstraction, problem solving, visual-spatial ability, executive functioning, and personality. (4) 'Neuropsychology' means the subspecialty of psychology concerned with the relationship between the brain and behavior, including the diagnosis of brain pathology through the use of psychological tests and assessment techniques. (5) 'Personality characteristics' means personality characteristics that are psychological in nature and related to the practice of psychology. (6) 'Psychological testing' means the use of assessment instruments to both:
(A) Measure mental abilities, personality characteristics, or neuropsychological functioning; and (B) Diagnose, evaluate, classify, or render opinions regarding mental and nervous disorders and illnesses, including, but not limited to, organic brain disorders, brain damage, and other neuropsychological conditions. (7) 'To practice psychology' or 'practice of psychology' means to render or offer to render to individuals, groups, organizations, or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, including, but not limited to, diagnosing and treating mental and nervous disorders and illnesses; rendering

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opinions concerning diagnoses of mental disorders, including, but not limited to, organic brain disorders and brain damage; engaging in neuropsychology; engaging in psychotherapy; interviewing, administering, and interpreting tests of mental abilities, aptitudes, interests, and personality characteristics, including, but not limited to, psychological testing, for such purposes as psychological classification or evaluation or for educational or vocational placement, or for such purposes as psychological counseling, guidance, or readjustment. When engaged in the practice of psychology, licensed psychologists may describe or label any testing, assessment, or evaluation they conduct within the scope of practice described in this Code section as 'psychological' in nature; provided, however, that any such description or labeling shall not be construed to alter the meaning of psychological testing as defined in paragraph (6) of this Code section and in paragraph (9) of Code Section 43-39-7. Nothing in this paragraph shall be construed as permitting the administration or prescription of drugs or in any way infringing upon or restricting the practice of medicine as defined in the laws of this state."

SECTION 6. Said title is further amended by revising Code Section 43-39-7, relating to the practice of psychology without a license, use of psychologist title, and exceptions, by striking the word "and" at the end of paragraph (7), by replacing the period at the end of paragraph (8) with "; and", and by adding a new paragraph to read as follows:
"(9) Nothing in this chapter shall be construed as prohibiting any person licensed under Chapter 10A of this title from providing services he or she is authorized to perform under Chapter 10A of this title, including, but not limited to, administering and interpreting educational and vocational tests; functional assessments; interest inventories; tests that evaluate marital and family functioning; mental health symptom screening and assessment instruments that evaluate emotional, mental, behavioral, and interpersonal problems or conditions including substance use, health, and disability; or any other assessments or tests which the person is qualified to employ by virtue of his or her education, training, or experience within the scope of practice of professional counselors. The Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists shall have sole authority to regulate assessment and testing performed by persons licensed under Chapter 10A of this title."

SECTION 7. Code Section 37-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to the general provisions governing and regulating mental health, is amended by revising paragraph (17) as follows:
"(17) 'Psychologist' means any person duly licensed to practice psychology in this state under Chapter 39 of Title 43."

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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 26, 2016.

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STATE GOVERNMENT STATE PURCHASING; CONTRACTS WITH THE STATE MUST CERTIFY THAT THE CONTRACTING PARTY DOES NOT BOYCOTT ISRAEL.

No. 378 (Senate Bill No. 327).

AN ACT

To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to prohibit the state from entering into certain contracts with an individual or company unless such contracts contain a certification that such individual or company does not presently conduct a boycott of Israel and will not conduct such a boycott for the duration of such contract; to exclude certain contracts from these requirements; to provide for definitions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, is amended by adding a new Code section to read as follows:
"50-5-85. (a) As used in this Code section, the term:
(1) 'Boycott of Israel' means engaging in refusals to deal with, terminating business activities with, or other actions that are intended to limit commercial relations with Israel or individuals or companies doing business in Israel or in Israeli-controlled territories, when such actions are taken:

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(A) In compliance or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. App. Section 2407(c), as it existed on January 1, 2016, applies; or (B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis that is not founded on a valid business reason. (2) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. (b) The state shall not enter into a contract with an individual or company if the contract is related to construction or the provision of services, supplies, or information technology unless the contract includes a written certification that such individual or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel. (c) Subsection (a) of this Code section shall not apply to contracts with a total value of less than $1,000.00."

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

Approved April 26, 2016.

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COURTS CRIMES AND OFFENSES JUDICIAL OFFICERS EXEMPTED FROM WEAPONS CARRY LAWS; IDENTIFICATION CARDS FOR CERTAIN JUDGES.

No. 379 (Senate Bill No. 332).

AN ACT

To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, so as to clarify the judges and Justices who are exempt from various weapons carry laws and prohibitions; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the issuance of personal identification cards to certain judges and Justices of the federal and state judiciary who are exempt from various weapons carry laws and prohibitions; to provide for duties of the judges of the probate court and The Council of Probate Court Judges of

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Georgia with regard to such personal identification cards; to provide for rules and regulations; to provide for fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, is amended by revising paragraphs (12), (12.1), and (12.2) of subsection (a) as follows:
"(12) Federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, permanent part-time judges of municipal and city courts, and administrative law judges; (12.1) Former federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, permanent part-time judges of municipal courts, and administrative law judges who are retired from their respective offices, provided that such judge or Justice would otherwise be qualified to be issued a weapons carry license; (12.2) Former federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, permanent part-time judges of municipal courts, and administrative law judges who are no longer serving in their respective office, provided that he or she served as such judge or Justice for more than 24 months; and provided, further, that such judge or Justice would otherwise be qualified to be issued a weapons carry license;"

SECTION 2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new paragraph to subsection (k) of Code Section 15-9-60, relating to fees, to read as follows:
"(13.1) For issuance of personal identification cards to judges or Justices
The fee shall be determined by The Council of Probate Court Judges of Georgia pursuant to Code Section 15-25-3."

SECTION 3. Said title is further amended by adding a new chapter to read as follows:

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"CHAPTER 25

15-25-1. Nothing in this chapter shall be construed to grant any additional privileges under the law, including, but not limited to, for the carrying of firearms. The issuance of a personal identification card under this chapter shall be construed as a representation of rights and privileges which exist elsewhere in the law.

15-25-2. (a)(1) The judge of the probate court of each county shall issue personal identification cards to each judge or Justice as provided for under paragraphs (12), (12.1), and (12.2) of subsection (a) of Code Section 16-11-130 who makes application to the judge of the probate court in the county of his or her domicile in accordance with rules and regulations prescribed by The Council of Probate Court Judges of Georgia; provided, however, that it shall be permissible for a person elected or appointed as such judge or Justice to make application to the judge of the probate court upon his or her election or appointment but prior to his or her taking an oath for the issuance of such personal identification card upon taking oath; and provided, further, that a judge of the probate court shall make application to the judge of the probate court of a neighboring county of his or her domicile for the issuance of a personal identification card to himself or herself. The Council of Probate Court Judges of Georgia may work with judicial offices of the federal courts, the clerk of the Supreme Court, the clerk of the Court of Appeals, and the various other councils of court judges as provided for under this title to facilitate the submission of applications or the surrender of personal identification cards under this chapter. (2) When a judge or Justice is required to otherwise be qualified to be issued a weapons carry license for the exemptions of Code Section 16-11-130 to apply to such judge or Justice, the judge of the probate court shall verify such qualifications of such judge or Justice and shall base his or her verification of qualifications on a fingerprint based criminal history records check from the Georgia Crime Information Center and the Federal Bureau of Investigation and other information ordinarily required of applicants for a weapons carry license. (b)(1) Every personal identification card issued under this chapter shall incorporate overt and covert security features which shall be blended with the personal data printed on such identification card 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 such identification card, incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The personal identification card shall have a color photograph viewable under ambient light on both the front and back of such identification card. Such identification card 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

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back of such identification card, incorporating microtext and unique alphanumeric serialization specific to the cardholder. Such identification card shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect such identification card for the duration of the personal identification card period. (2) Every personal identification card issued under this chapter shall include the following information of the judge or Justice identified on the front of such identification card:
(A) A recent photograph; (B) Full legal name; (C) Address of residence; (D) Birth date; (E) Date such identification card was issued; (F) Sex; (G) Height; (H) Weight; (I) Eye color; (J) His or her signature or facsimile thereof; and (K) The term 'FEDERAL COURT JUDGE', 'FORMER FEDERAL COURT JUDGE', 'SUPREME COURT JUSTICE', 'FORMER SUPREME COURT JUSTICE', 'COURT OF APPEALS JUDGE', 'FORMER COURT OF APPEALS JUDGE', 'SUPERIOR COURT JUDGE', 'FORMER SUPERIOR COURT JUDGE', 'STATE COURT JUDGE', 'FORMER STATE COURT JUDGE', 'PROBATE COURT JUDGE', 'FORMER PROBATE COURT JUDGE', 'JUVENILE COURT JUDGE', 'FORMER JUVENILE COURT JUDGE', 'MAGISTRATE COURT JUDGE', 'FORMER MAGISTRATE COURT JUDGE', 'MUNICIPAL COURT JUDGE', 'FORMER MUNICIPAL COURT JUDGE', 'CITY COURT JUDGE', 'FORMER CITY COURT JUDGE', 'ADMINISTRATIVE LAW JUDGE', or 'FORMER ADMINISTRATIVE LAW JUDGE', or a coherent abbreviation of such terms, respectively, as the case may be, in distinctive, bold font. The back of such identification card shall include the following: 'Pursuant to O.C.G.A. Section 16-11-130, the provisions of Code Sections 16-11-126 through 16-11-127.2 pertaining to carrying a weapon and weapons offenses DO NOT apply to or affect the judge or Justice whose name, photograph, and signature appear upon the face of this card.' (3) Every personal identification card issued under this chapter shall bear the signatures of the Chief Justice of the Supreme Court and the Governor and shall bear an identification card number. (4) Using the physical characteristics of the license set forth in paragraphs (1) through (3) of this subsection, The Council of Probate Court Judges of Georgia shall

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design, create specifications for, produce, and issue personal identification cards as provided for under this chapter. (c) Every personal identification card issued under this chapter shall be valid for a period of four years and shall be renewable for as long as such person meets the qualifications of paragraph (12), (12.1), or (12.2) of subsection (a) of Code Section 16-11-130; provided, however, that upon such person becoming a former judge or Justice, he or she shall surrender the personal identification card that designates him or her as a judge or Justice and may submit an application for a personal identification card which shall reflect his or her status as a former judge or Justice. (d) The Council of Probate Court Judges of Georgia shall require appropriate documentation from judges or Justices, and provide for any further design of the personal identification card under this chapter, such that, to the extent practicable while meeting requirements under this chapter, such personal identification card may meet the requirements of acceptable identification by the Transportation Security Administration of the United States Department of Homeland Security.

15-25-3. (a) The judge of the probate court shall collect a fee as determined by The Council of Probate Court Judges of Georgia for any issuance of a personal identification card under this chapter; provided, however, that such fee shall not be less than the cost of producing such personal identification cards.
(b)(1) Every personal identification card issued under this chapter shall be renewed on or before its expiration upon application and payment of the required fee as provided for under subsection (a) of this Code section. (2) Any replacement of a personal identification card issued under this chapter for any purpose, including, but not limited to, loss or change of the cardholder's name or address, shall be subject to the payment of the required fee as provided for under subsection (a) of this Code section; provided, however, that such replacement of a personal identification card shall be valid only for the remaining period for which the personal identification card being replaced was originally issued."

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

Approved April 26, 2016.

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RETIREMENT AND PENSIONS PERMISSIBLE INVESTMENTS IN COMMINGLED FUNDS AND COLLECTIVE INVESTMENT FUNDS.

No. 380 (Senate Bill No. 335).

AN ACT

To amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to revise provisions related to permissible investments in commingled funds and collective investment funds; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," is amended by revising paragraph (24) of subsection (a) of Code Section 47-20-83, relating to certificated or uncertificated forms of investments and real estate investments, as follows:
"(24) Commingled funds and collective investment funds maintained by state chartered banks or trust companies or regulated by the Office of the Comptroller of the Currency of the United States Department of the Treasury, including common and group trusts, and, to the extent the funds are invested in such collective investment funds, the funds shall adopt the terms of the instruments establishing any group trust in accordance with applicable United States Internal Revenue Service Revenue Rulings."

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

Approved April 26, 2016.

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RETIREMENT AND PENSIONS GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM; ENACTMENT OF PLANS AND JOINING MASTER PLANS; PURCHASING ADDITIONAL SERVICE CREDIT; VALUATION OF BENEFITS; ELIGIBILITY TO JOIN MASTER PLANS; AUTHORITY TO DESIGNATE BOARD OF TRUSTEES FOR MASTER PLAN REMOVER.

No. 381 (Senate Bill No. 336).

AN ACT

To amend Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, related to retirement plans of the Georgia Municipal Employees Benefit System, so as to permit governing bodies of municipal corporations to enact plans or join a master plan by resolution in addition to ordinance; to provide that in the instance of purchasing additional service credit in a plan or master plan, employee contributions may exceed a certain value of an employee's benefit at the time of the commencement of benefits; to provide that the valuation of benefits under a defined benefit plan shall be made in accordance with certain actuarial assumptions within a plan or master plan; to expand eligibility to join master plans to employers with 16 or more eligible employees; to remove the authority for a municipal corporation to designate a board of trustees for a master plan; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, related to retirement plans of the Georgia Municipal Employees Benefit System, is amended by revising Code Section 47-5-40, relating to power of employers to establish retirement plans, benefits under such plans, power to implement such plans by contract, and financing of such plans, as follows:
"47-5-40. (a)(1) Each employer is empowered to establish a plan or plans for the provision of retirement or employee benefits for its employees. Such plans shall be enacted by ordinance or resolution of the governing body of a municipal corporation or by a resolution of the governing body of other employers. The ordinance or resolution shall set forth the employees to be covered, the benefits to be provided, and the conditions of the plan. Benefits under the plan may include retirement and employee benefits. A plan for employee benefits may provide for the method of funding such benefits through the use of insurance, self-funding, or otherwise.

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(2) Any contract between the board of trustees and a member employer which provides a defined benefit plan shall contain a provision that such defined benefits are to be provided, to the extent fixed in such plan, by the employer and that the board of trustees does not guarantee the defined amount. (b) Each employer is further empowered to implement such plan or plans by contract with the board of trustees in accordance with the rules and regulations promulgated by the board of trustees. The contract with the board of trustees shall be executed pursuant to the ordinance or resolution which enacted the plan. (c) Each employer is authorized to make reasonable classifications of employees in its plan and to provide for integration of its plan with social security benefits and with other retirement or pension plans under which certain classes of employees may be entitled to benefits. (d) Each employer is authorized to appropriate funds to provide the benefits under such plan and to pay its respective portion of the administrative costs of the board of trustees in administering the system. Except with respect to employee contributions to purchase additional service credit, an employee's contribution under a defined benefit plan shall not exceed 50 percent of the value of such employee's benefit payable from the plan upon commencement of benefits. The valuation of benefits under a defined benefit plan shall be made in accordance with the actuarial assumptions used to determine employer contributions in effect at the time of the determination. (e) Contributions paid by a municipal corporation shall be paid from municipal funds which are on hand or which will be collected in the year the contribution is made and shall not be deemed to create a debt of the municipal corporation."

SECTION 2. Said article is further amended by revising Code Section 47-5-41, relating to establishment and use of master plans, as follows:
"47-5-41. (a)(1) The board of trustees has the power to establish one or more master plans which may be adopted by any employer. The employees to be covered, the retirement and employee benefits to be provided, and the terms and conditions for retirement benefits and other benefits shall be provided in the master plan. A municipal corporation is empowered to adopt such a plan by ordinance or resolution and to execute an agreement with the board of trustees to provide retirement and employee benefits as provided in the plan. Other employers shall have the power to adopt such plans by resolution of its governing body and to execute such agreements. The agreement, plan, and trust entered into by each member employer shall constitute a separate plan and trust and should be considered as such by the board of trustees. A master plan providing employee benefits may provide for the method of funding such benefits through the use of insurance, self-funding, or otherwise.

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(2) Any agreement between the board of trustees and a member employer which provides a defined benefit plan shall contain a provision that such defined benefits are to be provided, to the extent fixed in the master plan, by the member employer and that the board of trustees does not guarantee the fixed amount. (b) The board of trustees is empowered to implement such plan by separate agreement with each employer which has adopted such plan by ordinance or resolution, in accordance with this chapter and with the rules and regulations promulgated by the board of trustees. Execution of an agreement between an employer and the board of trustees shall constitute a contract binding on both parties to provide benefits according to the plan and the terms set forth in the agreement. (c) The board of trustees is authorized to specify in the master plan reasonable employee classifications and to provide, where appropriate, for integration of the benefits provided in the master plan with social security benefits and with other retirement or pension plans under which certain classes of employees may be entitled to benefits. The board of trustees shall incorporate into the master plan the provisions authorized in Code Sections 47-5-42, 47-5-43, and 47-5-44, relative to the selection of various plan features. (d) Employers are authorized to appropriate funds to provide the benefits specified in such master plan and to pay their portion of the administrative costs of the board of trustees in administering the system. Except with respect to employee contributions to purchase additional service credit, an employee's contribution under a defined benefit plan shall not exceed 50 percent of the value of such employee's benefit payable from the plan upon commencement of benefits. The valuation of benefits under a defined benefit plan shall be made in accordance with the actuarial assumptions used to determine employer contributions in effect at the time of the determination. (e) Contributions paid by a municipal corporation shall be paid from municipal funds which are on hand or which will be collected in the year the contribution is made and shall not be deemed to create a debt of the municipal corporation."

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

Approved April 26, 2016.

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REVENUE AND TAXATION CONSUMER FIREWORKS; DEDICATION OF EXCISE TAX.

No. 387 (Senate Bill No. 350).

AN ACT

To amend Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, so as to dedicate moneys collected from the excise tax on the sale of consumer fireworks for trauma care, fire services, and local public safety purposes; to provide for related matters; to provide for an effective date contingent on a certain ratification of the Constitution of Georgia; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, is amended by revising Code Section 48-13-131, relating to excise tax imposed, rate of taxation, and payment, as follows:
"48-13-131. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale of consumer fireworks and any items provided for in paragraph (2) of subsection (b) of Code Section 25-10-1 in this state at a rate of 5 percent per item sold. (b) Moneys collected from the excise tax on the sale of consumer fireworks as provided for under subsection (a) of this Code section, and pursuant to Article III, Section IX, Paragraph VI of the Constitution of Georgia, shall be used as follows:
(1) The amount of 55 percent shall be provided to the Georgia Trauma Care Network Commission for purposes provided for under Code Section 31-11-102; (2) The amount of 40 percent shall be provided to the Georgia Firefighter Standards and Training Council to be exclusively used for the implementation of a grant program to improve the equipping and training of firefighters and to improve the rating of fire departments in this state by the Insurance Services Office; and (3) The amount of 5 percent shall be provided to local governments to be used solely for public safety purposes consisting of the operation of 9-1-1 systems under Part 4 of Article 2 of Chapter 5 of Title 46. The commissioner shall include such amount as a part of the 9-1-1 distribution made on or before October 15 of each year to such local governments.

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(c) The excise tax imposed by this article shall be paid by the seller and due and payable in the same manner as would be otherwise required under Article 1 of Chapter 8 of this title."

SECTION 2. This Act shall become effective on January 1, 2017, only if there is ratified at the 2016 general election an amendment to the Constitution of Georgia which authorizes the General Assembly to provide for the use, dedication, and deposit of revenues raised by an excise tax on the sale of fireworks or consumer fireworks for purposes of trauma care, fire services, and local public safety.

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

Approved April 26, 2016.

__________

CRIMES AND OFFENSES POSSESSION AND RESTRICTION ON SALES OF SUBSTANCES CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.

No. 392 (House Bill No. 362).

AN ACT

To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to change provisions relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine and restrictions on sales of products containing pseudoephedrine; to provide for real-time tracking of sales of products containing ephedrine or pseudoephedrine; to provide for definitions; to revise provisions relating to 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by revising Code Section 16-13-30.3, relating to possession of substances containing ephedrine, pseudoephedrine, and

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phenylpropanolamine and restrictions on sales of products containing pseudoephedrine, as follows:
"16-13-30.3. (a) As used in this Code section, the term:
(1) 'Ephedrine' or 'pseudoephedrine' means any drug product containing ephedrine or pseudoephedrine or any of their salts, isomers, or salts of isomers, alone or in a mixture. (2) 'Georgia Meth Watch' means the program entitled Georgia Meth Watch or a similar program which has been promulgated, approved, and distributed by the Georgia Council on Substance Abuse. (3) 'Pharmacy' has the same meaning as in Code Section 26-4-5. (4) 'Real-time electronic logging system' means an electronic system approved by the Georgia Bureau of Investigation which is operated in real time and which can track required information and generate a stop sale alert to notify a pharmacy that a purchase of ephedrine or pseudoephedrine which exceeds the quantity limits set forth in this Code section is being attempted. Such system shall:
(A) Contain an override function that will not only allow a pharmacy to complete a sale in violation of this Code section when the person making the sale is in reasonable fear of imminent bodily harm if he or she does not complete the sale but also will track any override sales made; (B) Be accessible to the state, pharmacies, and law enforcement agencies, without a charge or fee, including a transaction fee; and (C) Have real-time interstate communicability with similar systems in other states. (5) 'Required information' means the full name and address of the purchaser; the type of government issued photographic identification presented, including the issuer and identification number; a description of the nonprescription product purchased which contains ephedrine or pseudoephedrine, including the number of grams of pseudoephedrine in the product; and the date and time of the purchase. (b)(1) It shall be unlawful for any person, other than a person or entity described in paragraph (22), (28), (29), (30), (33), or (41) of Code Section 26-4-5, to possess any product that contains ephedrine or pseudoephedrine in an amount which exceeds 300 pills, tablets, gelcaps, capsules, or other individual units or more than 9 grams of ephedrine or pseudoephedrine or a combination of these substances, whichever is smaller. (2) It shall be unlawful for any person to possess any product containing ephedrine or pseudoephedrine with the intent to manufacture amphetamine or methamphetamine. (3) Any person who violates the provisions of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (c)(1) Products whose sole active ingredient is pseudoephedrine may be offered for retail sale only if sold in blister packaging. Nonprescription products whose sole active ingredient is ephedrine or pseudoephedrine shall only be sold in a pharmacy in a manner

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which complies with State Board of Pharmacy rules established pursuant to Code Section 16-13-29.2. (2) No person shall distribute or purchase any nonprescription product containing more than 3.6 grams of ephedrine or pseudoephedrine per day in dosage form or more than 9 grams of ephedrine or pseudoephedrine per 30 day period in dosage form of any product. The limits set forth in this paragraph shall apply to the total amount of ephedrine or pseudoephedrine contained in the product and not the overall weight of such product. (3) The pharmacy shall maintain a record of required information for each sale of a nonprescription product which contains ephedrine or pseudoephedrine for a period of two years from the date of each transaction. Except as to law enforcement agencies in this state which shall be provided immediate access by a pharmacy to all written and electronic logs or records upon request, the records maintained by a pharmacy pursuant to this Code section shall not be disclosed. Pharmacies may destroy the required information collected pursuant to this subsection after two years from the date of the transaction.
(4)(A) On and after January 1, 2017, pharmacies shall, before completing a sale of a nonprescription product which contains ephedrine or pseudoephedrine, electronically track all such sales and submit the required information to a real-time electronic logging system. A pharmacy shall not complete the sale of a nonprescription product which contains ephedrine or pseudoephedrine if the real-time electronic logging system generates a stop sale alert except as provided in subparagraph (a)(4)(A) of this Code section. (B) If a pharmacy selling a nonprescription product which contains ephedrine or pseudoephedrine experiences mechanical or electronic failure of the real-time electronic logging system and is unable to comply with the requirements of this paragraph, the pharmacy shall maintain a written log or an alternative electronic recording mechanism until such time as the pharmacy is able to comply with the electronic logging requirement. (C) Absent negligence, wantonness, recklessness, or deliberate misconduct, any pharmacy utilizing the real-time electronic logging system in accordance with this paragraph shall not be civilly liable as a result of any act or omission in carrying out the duties required by this paragraph and shall be immune from liability to any third party unless the pharmacy has violated any provision of this paragraph in relation to a claim brought for such violation. (D) The Georgia Bureau of Investigation shall provide real-time access to records on such logging system through an online portal to law enforcement agencies in this state. (5) It shall be unlawful for a pharmacy to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor licensed by the State Board of Pharmacy. (6) This subsection shall preempt all local ordinances or regulations governing the retail sale of products containing ephedrine or pseudoephedrine except such local ordinances

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or regulations that existed on or before December 31, 2004. Effective January 1, 2006, this subsection shall preempt all local ordinances.
(7)(A) Any person convicted of a violation of paragraph (1), (2), (3), or (4) of this subsection shall be guilty of a misdemeanor which, upon the first conviction, shall be punished by a fine of not more than $500.00 and, upon the second or subsequent conviction, shall be punished by not more than six months' imprisonment or a fine of not more than $1,000.00, or both. (B) Any person convicted of a violation of paragraph (5) of this subsection shall, upon the first conviction, be guilty of a misdemeanor and, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature. (C) It shall be a defense to a prosecution pursuant to this paragraph by law enforcement of a pharmacy for violation of paragraph (1), (2), (3), (4), or (5) of this subsection that, at the time of the alleged violation, all of the employees of the pharmacy had completed training complying with standards established under Georgia Meth Watch as such standards existed on June 30, 2016, and the pharmacy was in compliance with procedures established by Georgia Meth Watch as such standards existed on June 30, 2016; provided, however, that this subparagraph shall not apply to the State Board of Pharmacy or prevent it from taking disciplinary action for a violation of this subsection. (d) This Code section shall not apply to products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this Code section because the product has been formulated in such a way as to prevent effectively the conversion of the active ingredient into methamphetamine or its salts or precursors. (e) Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute any product containing any amounts of ephedrine or pseudoephedrine which have been altered from their original condition so as to be powdered, liquefied, or crushed. This subsection shall not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years."

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

Approved April 26, 2016.

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REVENUE AND TAXATION STATE GOVERNMENT APPROVAL OF TAX DIGESTS; SANCTIONS FOR INCLUSION OF NONTAXABLE PROPERTIES; JURISDICTION OF GEORGIA TAX TRIBUNAL.

No. 393 (House Bill No. 364).

AN ACT

To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise and change certain provisions regarding the approval of tax digests by the commissioner; to impose sanctions for including nontaxable properties on the tax digests; to provide for procedures, conditions, and limitations; to provide for refunds of taxes improperly collected; to amend Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, so as to provide for additional jurisdiction for the Georgia Tax Tribunal; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-342, relating to the review of county tax digests by the Commissioner of Revenue, by adding a new subsection to read as follows:
"(e)(1) The commissioner may, upon his or her own initiative or upon complaint by a taxpayer, examine the itemizations of properties appearing on the digest, and if in the judgment of the commissioner any properties are illegally appearing on the digest and should not be subject to taxation under this chapter, the commissioner shall strike such items from the digest and return the digest to the county for removal of such items and resubmission to the commissioner. The commissioner shall provide by rule and regulation procedures by which the county board of tax assessors may appeal such finding to the commissioner. If appealed by the board of tax assessors, the commissioner shall, after reviewing such appeal, issue a final order and include a finding as to the taxability of the digest items in dispute and shall finalize the digest in accordance therewith. (2) If a property has been found by the commissioner to not be subject to taxation under this chapter and again appears on the digest at any time within five years of the initial determination of nontaxability and is again determined to be nontaxable, the commissioner shall strike such item from the digest and return the digest to the county for removal of such item and resubmission to the commissioner. The commissioner shall notify the Department of Community Affairs in writing of his or her finding and, upon

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receipt of such notice, the qualified local government status of such county shall be revoked for a period of three years following the receipt of such notice by the Department of Community Affairs unless reinstated earlier pursuant to this subsection. Upon such revocation, the governing authority of such county, without regard to any limitation of Code Section 48-5-295, shall be specifically authorized to remove immediately every member of the board of tax assessors and reappoint new members who shall serve for the unexpired terms of the removed members. The county governing authority shall provide written notification of such removal and new appointment to the commissioner. Upon certification of the corrected digest, the commissioner shall notify in writing the Department of Community Affairs, and upon receipt thereof, the Department of Community Affairs shall immediately reinstate the qualified local government status of such county. (3) If a property has been found by the commissioner to not be subject to taxation under this chapter and if such nontaxable property has appeared on a county digest in any year within the preceding five-year period, then the taxpayer shall be entitled to file a petition directly with the Georgia Tax Tribunal for a refund of all such taxes illegally collected or taxes paid, interest equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it plus 3 percent calculated from the date of payment of such taxes, and attorney's fees in an amount of not less than 15 percent nor more than 40 percent of the total of the illegally charged taxes and accrued interest. Such petition shall name the board of tax assessors and the tax receiver or tax commissioner of the county as the respondent in their official capacities and shall be served upon such board and tax receiver or tax commissioner. Service shall be accomplished by certified mail or statutory overnight delivery. The petition shall include a summary statement of facts and law upon which the petitioner relies in seeking the requested relief. The respondents shall file a response to the petitioner's statement of facts and law which constitutes their answer with the tribunal no later than 30 days after the service of the petition. The respondents shall serve a copy of their response on the petitioner's representative or, if the petitioner is not represented, on the petitioner and shall file a certificate of service with such response. If in any case a response has not been filed within the time required by this paragraph, the case shall automatically become in default unless the time for filing the response has been extended by agreement of the parties, for a period not to exceed 30 days, or by the judge of the tribunal. The default may be opened as a matter of right by the filing of a response within 15 days of the day of the default and payment of costs. At any time before the final judgment, the judge of the tribunal, in his or her discretion, may allow the default to be opened for providential cause that prevented the filing of the response, for excusable neglect, or when the tribunal judge, from all the facts, determines that a proper case has been made for the default to be opened on terms to be fixed by the tribunal judge. The tribunal judge shall proceed to hear and decide the matter and may grant appropriate relief under the law and facts presented."

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SECTION 2. Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, is amended in Code Section 50-13A-9, relating to petitions for relief, jurisdiction, and bonds, by adding a new subsection to read as follows:
"(e) The tribunal shall also have jurisdiction over refund petitions filed pursuant to Code Section 48-5-342."

SECTION 3. This Act shall become effective on July 1, 2016.

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

Approved April 26, 2016.

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REVENUE AND TAXATION HOTEL/MOTEL TAX; APPLICATION TO CERTAIN MUNICIPALITIES OF CERTAIN PROVISIONS; CONDITIONS AND LIMITATIONS.

No. 396 (House Bill No. 408).

AN ACT

To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to an excise tax on rooms, lodging, and accommodations, so as to clarify the application of certain provisions to certain municipalities; to provide for 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. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to an excise tax on rooms, lodging, and accommodations, is amended by revising paragraph (5) of subsection (a) of Code Section 48-13-51, relating to county and municipal levies on public accommodations, as follows:
"(5)(A)(i) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality is authorized to levy a tax under this Code section at a rate of 7 percent. A county or

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municipality levying a tax pursuant to this paragraph shall expend an amount equal to at least 51.4 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to at least 32.14 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent for the purpose of: (I) promoting tourism, conventions, and trade shows; (II) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (III) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (IV) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (V) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, except that amounts expended for those purposes specified in subdivisions (III) and (IV) of this division may be so expended in any otherwise lawful manner. (ii) In addition to the amounts required to be expended under division (i) of this subparagraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 14.3 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to 39.3 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent toward funding a multipurpose domed stadium facility. Amounts so expended shall be expended only through a contract originally with the state, a department or agency of the state, or a state authority or through a contract or contracts with some combination of the above. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2020, unless extended as provided in subparagraph (B) of this paragraph, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation incurred before January 1, 1991, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of

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any such obligation and, upon the issuance of any such obligation by an authority of the state, shall constitute a contract with the holder of such obligations. (B) Notwithstanding the termination date stated in division (ii) of subparagraph (A) of this paragraph, notwithstanding paragraph (6) of this subsection, and notwithstanding subsection (b) of this Code section, a tax levied under this paragraph may be extended by resolution of the levying county or municipality and continue to be collected through December 31, 2050, if a state authority certifies: (i) that the same portion of the proceeds will be used to fund a successor facility to the multipurpose domed facility as is currently required to fund the multipurpose domed facility under division (ii) of subparagraph (A) of this paragraph; (ii) that such successor facility will be located on property owned by the state authority; and (iii) that the state authority has entered into a contract with a national football league team for use of the successor facility by the national football league team through the end of the new extended period of the tax collection. During the extended period of collection provided for in this subparagraph, the county or municipality levying the tax shall continue to comply with the expenditure requirements of division (i) of subparagraph (A) of this paragraph. During the extended period of collection, the county or municipality shall further expend (in each fiscal year during which the tax is collected during the extended period of collection) an amount equal to 39.3 percent of the total taxes collected at the rate of 7 percent toward funding the successor facility certified by the state authority. Amounts so expended shall be expended only through a contract with the certifying state authority. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2050, provided that during any period during which there remains outstanding any obligation which is incurred to fund the successor facility certified by the state authority, and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by an authority of the state, shall constitute a contract with the holder of such obligations. (C) Notwithstanding any provision of the law to the contrary, and subject to the limitations contained in this subparagraph, a municipality levying a tax a percentage of which is dedicated to financing a multipurpose domed stadium pursuant to division (ii) of subparagraph (A) of this paragraph shall be further authorized to expend in each fiscal year during which the tax is collected under this paragraph an amount equal to 39.3 percent of the total taxes collected at the rate of 7 percent toward funding any of the purposes permitted for tourism product development contained in paragraph (6) of Code Section 48-13-50.2. Any funding pursuant to this paragraph shall not

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commence until the municipality has terminated its obligations under division (ii) of subparagraph (A) of this paragraph and so long as there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation incurred before January 1, 1991."

SECTION 2. This Act shall become effective on July 1, 2016.

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

Approved April 26, 2016.

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PUBLIC OFFICERS AND EMPLOYEES STATE GOVERNMENT REVISE PER DIEM AND TRANSPORTATION REIMBURSEMENTS FOR CERTAIN BOARD AND COMMISSION MEMBERS; ENACT GEORGIA FILM AND TELEVISION TRAIL ACT.

No. 398 (Senate Bill No. 417).

AN ACT

To amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to revise the per diem and transportation costs received by members of boards whose membership is elected wholly by votes of the members of the House of Representatives and Senate; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the "Georgia Film and Television Trail Act"; to provide for a short title; to provide for definitions; to provide for a purpose; to provide for the Department of Economic Development to plan and develop the trail; to provide for policies; to provide for the Department of Transportation to place trail signs designed in conjunction with the Department of Economic Development; to provide for certain immunities; 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 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of certain board and commissions, is amended by deleting paragraph (6) of subsection (a) and designating such paragraph as reserved and adding a new subsection to read as follows:
"(a.1) Each member of any state board whose membership is elected wholly by votes of the members of the House of Representatives and Senate shall receive the same per diem and transportation costs as that received by a member of the General Assembly for each day of actual attendance at meetings of such board and the committee meetings of such boards."

SECTION 2. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by adding a new article to read as follows:

"ARTICLE 9

50-7-110. This article shall be known and may be cited as the 'Georgia Film and Television Trail Act.'

50-7-111. In order to acknowledge the increasing production of films and television in this state, in order to promote the enjoyment and appreciation of the film and television industry in Georgia, and in order to provide public interest and enjoyment in visiting and viewing the location sites of films and television productions made in Georgia, a trail shall be developed to provide an opportunity for the public to be aware of these locations and visit film and television location sites throughout this state. Therefore, the purpose of this article is to provide for a Georgia Film and Television Trail.

50-7-112. As used in this article, the term 'trail' means the Georgia Film and Television Trail provided for in this article.

50-7-113. The Department of Economic Development shall have the responsibility of creating and developing a Georgia Film and Television Trail. In carrying out such responsibilities, it shall be the duty of the department to identify and plan the trail, to acquire or otherwise gain control over or rights to the use of the necessary land for the signs to identify the locations of certain film and television productions that the department determines are of interest to the general public and to work with the Department of Transportation to design appropriate signs. For the purpose of carrying out its primary duties as provided in this

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article, the department shall be authorized to exercise any powers heretofore provided by law for the department, except for the powers of eminent domain.

50-7-114. The department shall be guided by the following policies in creating and administering the Georgia Film and Television Trail:
(1) A balanced system of locations throughout the state should be sought; (2) Assistance and encouragement should be provided for local governments in the development of the trail; (3) The advice, cooperation, and assistance of other state agencies, local governments and agencies thereof, and private associations and organizations should be sought in developing and maintaining the signs; (4) The trail should be planned, constructed, and maintained on a long-term basis, and in connection therewith long-term control of the signs and marking of the trail; and (5) A program for the publicity and education of the public on the existence of the trail should be established.

50-7-115. (a) The Department of Transportation is authorized and directed to place signs in this state at film and television production sites determined by the Department of Economic Development and approved by the Department of Transportation pursuant to this article. (b) Nothing contained in this Code section shall be deemed or construed to prevent local governing authorities or private associations and organizations from placing signs or otherwise indicating the location of the film or television production sites in this state, provided that the power of eminent domain shall not be exercised for the acquisition or construction of such signs for film or television production location sites. (c) Notwithstanding the provisions of any other statute concerning the improvement of land held in fee simple by the State of Georgia, the Department of Transportation shall be authorized to expend state funds, subject to appropriations, for construction, placement, and maintenance of the signs indicating the film or television production locations designated by the department and may through purchase, easement, lease, or donation.

50-7-116. (a) Any person who goes upon or through the premises, including, but not limited to, lands, waters, and private ways, of another with or without permission to sightsee, or for any other purpose, without the payment of monetary consideration, or with the payment of monetary consideration directly or indirectly on his or her behalf by an agency of the state or federal government, is not thereby entitled to any assurance that the premises are safe for such purpose. The owner of such premises does not assume responsibility for or incur liability for any injury to person or property caused by an act or failure to act of other persons using such premises.

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(b) Nothing in this Code section shall be construed as affecting the existing case law of Georgia regarding liability of owners or possessors of premises with respect to business invitees in commercial establishments or to invited guests, nor shall this Code section be construed so as to affect the attractive nuisance doctrine. In addition, nothing in this Code section shall excuse the owner or occupant of premises from liability for injury to persons or property caused by the malicious or illegal acts of the owner or occupant.

50-7-117. The Department of Economic Development is authorized to adopt and promulgate such rules and regulations as may be necessary to carry out this article."

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

Approved April 26, 2016.

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RETIREMENT AND PENSIONS CERTAIN DISABILITY BENEFITS FOR COMMUNITY SUPERVISION OFFICERS OF DEPARTMENT OF COMMUNITY SUPERVISION.

No. 400 (House Bill No. 421).

AN ACT

To amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability allowances payable to personnel for certain disabilities arising in the line of duty, so as to provide that community supervision officers employed by the Department of Community Supervision shall be entitled to certain disability 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. Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability allowances payable to personnel for certain disabilities arising in the line of duty, is amended by revising subsection (b) as follows:
"(b)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123, any employee of the Department of Natural Resources appointed as a deputy

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conservation ranger under Code Section 27-1-17, any parole officer employed by the State Board of Pardons and Paroles, any probation officer employed by the Department of Corrections, and any community supervision officer employed by the Department of Community Supervision who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in the line of law enforcement duty, becomes eligible for disability retirement allowances shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option. Such monthly allowance as shall be payable to the member only, during his or her life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he or she accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his or her permanent disability occurred. Such permanent disability retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of law enforcement duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as an employee of the Department of Natural Resources who has been appointed as a deputy conservation ranger under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles, probation officer of the Department of Corrections, or any community supervision officer employed by the Department of Community Supervision. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. (2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent of his or her monthly earnable compensation for the month in which his or her permanent disability occurred for each year of creditable service determined as though he or she had continued in service as a deputy conservation ranger, probation officer, parole officer, or a community supervision officer until his or her mandatory retirement age."

SECTION 2. This Act shall become effective on July 1, 2016, 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, 2016, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 26, 2016.

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LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; INSURANCE, AWARDS, BENEFITS, AND ADMINISTRATION.

No. 402 (House Bill No. 818).

AN ACT

To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to workers' compensation insurance, awards, benefits, and administration; to provide that administrative law judges are subject to the Georgia Code of Judicial Conduct; to change provisions related to an employer's duties to provide the State Board of Workers' Compensation with certain information; to increase the compensation benefits for total disability and temporary partial disability; to increase the total compensation payable to a surviving spouse as a sole dependent at the time of death and where there are no other dependents; to change certain provisions related to the purpose, definitions, participants, liabilities, and the board of trustees of the Self-Insurers Guaranty Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by revising subsection (c) of Code Section 34-9-47, relating to the trial division and appellate division created within the State Board of Workers' Compensation, composition, and sessions, as follows:
"(c) The trial division shall be composed of administrative law judges appointed by the board who shall serve as hearing officers and exercise judicial functions in implementing this chapter. An administrative law judge shall have the power to subpoena witnesses and administer oaths and may take testimony in those cases brought before the board. An administrative law judge hearing a case shall make an award, subject to review and appeal as provided in this chapter. An administrative law judge shall be subject to the Georgia Code of Judicial Conduct."

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SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 34-9-121, relating to duty of employer to insure in licensed company or association or to deposit security, indemnity, or bond as self-insurer, application to out-of-state employers, and membership in mutual insurance company, as follows:
"(a) Unless otherwise ordered or permitted by the board, every employer subject to the provisions of this chapter relative to the payment of compensation shall secure and maintain full insurance against such employer's liability for payment of compensation under this article, such insurance to be secured from some person, corporation, association, or organization licensed by law to transact the business of workers' compensation insurance in this state or from some mutual insurance association formed by a group of employers so licensed; or such employer shall provide the board with sufficient information for the board to make an adequate assessment of the employer's workers' compensation exposure and liabilities and shall further provide evidence satisfactory to the board of such employer's financial ability to pay the compensation directly in the amount and manner and when due, as provided for in this chapter. In the latter case, the board may, in its discretion, require the deposit of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred; provided, however, that it shall be satisfactory proof of the employer's financial ability to pay the compensation directly in the amount and manner when due, as provided for in this chapter, and the equivalent of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred, if the employer shall show the board that such employer is a member of a mutual insurance company duly licensed to do business in this state by the Commissioner of Insurance, as provided by the laws of this state, or of an association or group of employers so licensed and as such is exchanging contracts of insurance with the employers of this and other states through a medium specified and located in their agreements with each other, but this proviso shall in no way restrict or qualify the right of self-insurance as authorized in this Code section. Nothing in this Code section shall be construed to require an employer to place such employer's entire insurance in a single insurance carrier."

SECTION 3. Said chapter is further amended by revising Code Section 34-9-261, relating to compensation for total disability, as follows:
"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $575.00 per week nor less than $50.00 per week, except that when the weekly wage is below $50.00, the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, that in the event of a catastrophic injury as defined in subsection (g) of

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Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."

SECTION 4. Said chapter is further amended by revising Code Section 34-9-262, relating to compensation for temporary partial disability, as follows:
"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter but not more than $383.00 per week for a period not exceeding 350 weeks from the date of injury."

SECTION 5. Said chapter is further amended by revising subsection (d) of Code Section 34-9-265, relating to compensation for death resulting from injury and other causes, penalty for death from injury proximately caused by intentional act of employer, and payment of death benefits where no dependents found, as follows:
"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $230,000.00."

SECTION 6. Said chapter is further amended by revising Code Section 34-9-380, relating to the purpose of Article 10 of Title 34, as follows:
"34-9-380. It is the purpose of this article through the establishment of a guaranty trust fund to provide for the continuation of workers' compensation benefits due and unpaid, excluding penalties, fines, and attorneys' fees assessed against a participant, when such participant becomes an insolvent self-insurer."

SECTION 7. Said chapter is further amended by revising Code Section 34-9-381, relating to definitions relative to the Self-Insurers Guaranty Trust Fund, as follows:
"34-9-381. As used in this article, the term:
(1) 'Applicant' means an employee entitled to workers' compensation benefits. (2) 'Board' means the State Board of Workers' Compensation. (3) 'Board of trustees' means the board of trustees of the fund.

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(4) 'Company' means a corporation, association, partnership, proprietorship, firm, or other form of business organization. (5) 'Fund' means the Self-insurers Guaranty Trust Fund established by this article. (6) 'Insolvent self-insurer' means a self-insurer:
(A) Who files for relief under the federal Bankruptcy Act; (B) Against whom involuntary bankruptcy proceedings are filed; (C) For whom a receiver is appointed in a federal or state court of this state or any other jurisdiction; (D) Who is in default on workers' compensation obligations; or (E) Who is determined by the board to be in noncompliance with workers' compensation obligations or requirements under the laws of this state and the rules and regulations of the board. (7) 'Participant' means a self-insurer who is a member of the fund. (8) 'Self-insurer' means a private employer, including any hospital authority created pursuant to the provisions of Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' that has been authorized to self-insure its payment of workers' compensation benefits pursuant to this chapter. The term 'self-insurer' shall not mean or include any of the following: (A) Any governmental employer authorized by the board to self-insure; (B) Any employer who elects to group self-insure pursuant to Code Section 34-9-152; (C) Captive insurers as provided for in Chapter 41 of Title 33; (D) Any employer who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter; or (E) Any individual or company who:
(i) Enters into a contract or agreement with an employer under which the employer outsources its workers' compensation risks, responsibilities, obligations, or liabilities to such individual or company; and (ii) Pursuant to such contract or agreement, is required to provide workers' compensation benefits to an injured employee even though no common-law master-servant relationship or contract of employment exists between the injured employee and the individual or company providing the benefits. (9) 'Trustee' means a member of the Self-insurers Guaranty Trust Fund board of trustees."

SECTION 8. Said chapter is further amended by revising Code Section 34-9-382, relating to establishment of Self-insurers Guaranty Trust Fund, use of fund, and application to be accepted in fund, as follows:

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"34-9-382. (a) There is established a Self-insurers Guaranty Trust Fund for the sole purpose of making payments in accordance with this article. The fund shall be administered by an administrator appointed by the chairperson of the board of trustees with the approval of the board of trustees. All moneys in the fund shall be held in trust and shall not be money or property of the state or the participants and shall be exempt from levy, attachment, garnishment, or civil judgment for any claim or cause of action other than for not making payments in accordance with this article. The fund assets shall be invested only in obligations issued or guaranteed by the United States government. (b) All returns on investments shall be retained by the fund. The funds of the Self-insurers Guaranty Trust Fund shall be for the purposes of compensating employees or their dependents who are eligible to receive workers' compensation benefits from their employers pursuant to the provisions of this chapter when, pursuant to this Code section, the board has determined that compensation benefits due are unpaid or interrupted due to the insolvency or default of a participant. Moneys in the fund may be used to compensate an employee or his or her dependents for any type of injury or occupational disease or death, including medical or rehabilitation expenses which are compensable under this chapter against a participant, and all claims for related administrative fees, operating costs of the fund, attorneys' fees incurred by the board of trustees or at its direction, and other costs reasonably incurred by the board of trustees. Payment from the Self-insurers Guaranty Trust Fund shall be made in accordance with this chapter. (c) As a condition of self-insurance, all private employers, except those precluded from membership in the fund pursuant to subsection (d) of this Code section, shall make application to and be accepted in the Self-insurers Guaranty Trust Fund. (d) Membership in the fund shall not be permitted for any of the following:
(1) Any governmental employer authorized by the board to self-insure; (2) Any employer who elects to group self-insure pursuant to Code Section 34-9-152; (3) Captive insurers as provided for in Chapter 41 of Title 33; (4) Any employer who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter; or (5) Any individual or company who:
(A) Enters into a contract or agreement with an employer under which the employer outsources its workers' compensation risks, responsibilities, obligations, or liabilities to such individual or company; and (B) Pursuant to such contract or agreement, is required to provide workers' compensation benefits to an injured employee even though no common-law master-servant relationship or contract of employment exists between the injured employee and the individual or company providing the benefits."

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SECTION 9. Said chapter is further amended by revising paragraph (2) of Code Section 34-9-384, relating to general powers of board of trustees, as follows:
"(2)(A) The board of trustees shall meet not less than quarterly and shall meet at other times upon the call of the chairperson, issued to the trustees in writing not less than 48 hours prior to the day and hour of the meeting, or upon a request for a meeting presented in writing to the chairperson not less than 72 hours prior to the proposed day and hour of the meeting and signed by at least a majority of the trustees, whereupon the chairperson shall provide notice issued in writing to the trustees not less than 48 hours prior to the meeting and shall convene the meeting at the time and place stated in the request. (B) Any trustee may participate in a meeting of the board of trustees by telephone conference or similar communications technology which allows all individuals participating in the meeting to hear and speak with each other. Participation in a meeting pursuant to this subparagraph shall constitute presence in person at such meeting."

SECTION 10. Said chapter is further amended by revising Code Section 34-9-385, relating to bankruptcy of participants, as follows:
"34-9-385. (a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event. (b) Any individual who files an application for adjustment of a claim against a participant who is or becomes an insolvent self-insurer shall file a written notice of such participant's status with the board and the board of trustees within 30 days of such individual having knowledge of the participant becoming an insolvent self-insurer. (c) Upon receipt of any notice as provided in subsection (a) or (b) of this Code section, the board shall determine whether the participant is an insolvent self-insurer. Such determination shall be made within a reasonable time after the date the board and board of trustees receive notification as provided in subsection (a) or (b) of this Code section. (d) When a participant is determined to be an insolvent self-insurer, the board of trustees is empowered to and shall assume on behalf of the participant its outstanding workers' compensation obligations excluding penalties, fines, and claimant's attorneys' fees assessed against the participant pursuant to subsection (b) of Code Section 34-9-108 and shall take all steps necessary to collect, recover, and enforce all outstanding security, indemnity, insurance, or bonds furnished by such participant guaranteeing the payment of compensation provided in this chapter for the purpose of paying outstanding and continuing obligations of the participant. The board of trustees shall convert and deposit into a

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separate account established within the fund such security and any amounts received under agreements of surety, guaranty, insurance, or otherwise on behalf of the participant. Any amounts remaining from such security, indemnity, insurance, bonds, guaranties, and sureties, following payment of all compensation costs and related administrative expenses and fees of the board of trustees including attorneys' fees, and following collection of all amounts assessed and received pursuant to subsections (a) and (d) of Code Section 34-9-121 and any applicable rule of the board may be refunded by the fund as directed by the board of trustees, subject to the approval of the board, to the appropriate party one year from the date of final payment and closure of all claims, provided no outstanding self-insured liabilities remain against the fund and all applicable statutes of limitation have run. (e) The fund shall be a party in interest in all proceedings involving workers' compensation claims against a participant whose workers' compensation obligations are to be paid or assumed by the fund and shall be subrogated to the rights of the participant. In such proceedings the fund shall assume and may exercise all rights and defenses of the participant, including, but not limited to:
(1) The right to appear, defend, and appeal claims; (2) The right to receive notice of, investigate, adjust, compromise, settle, and pay claims; and (3) The right to investigate, handle, and controvert claims. (f) In any proceeding in bankruptcy in which the payment of benefits has been stayed, the board of trustees, through a designated representative, may appear and move to lift the stay so that the orderly administration of claims can proceed. The fund shall be subrogated to the rights and claims of any claimant against a participant to the extent of the payments made by the fund to the claimant and may pursue recovery against the participant to the extent of the claims paid or to be paid. (g) The board of trustees shall notify all employees who have pending claims against a participant for workers' compensation benefits which are subject to the provisions of this article of the name, address, and telephone number of the party administering and defending their claim. (h) The board may, in its discretion, direct that the Self-insurers Guaranty Trust Fund honor and pay, in whole or in part, the contractual fee arrangement between an attorney and a claimant pursuant to subsection (a) of Code Section 34-9-108, provided that application to honor the fee arrangement is made after notice pursuant to subsection (g) of this Code section and subject to consideration of objections by any party. (i) No provision of this Code section shall impair any claims in the insolvent self-insurer's bankruptcy by the board of trustees, any employee, or any provider of services related to the insolvent self-insurer's workers' compensation obligations, to the extent those claims remain unpaid, including but not limited to medical providers or attorneys representing either the insolvent self-insurer or claimants."

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SECTION 11. Said chapter is further amended by revising Code Section 34-9-386, relating to assessment of participants, liability of fund and participants for claims, and revocation of participant's authority to be self-insured, as follows:
"34-9-386. (a)(1) The board of trustees shall, commencing January 1, 1991, assess each participant in accordance with paragraph (2) of this subsection. Upon reaching a funded level of $15 million net of all liabilities, all annual assessments against participants who have paid at least three prior assessments shall cease except as specifically provided in paragraph (4) of this subsection. (2) Assessment for each new participant in the first calendar year of participation shall be $8,000.00. Thereafter, assessments shall be in accordance with paragraphs (3) and (4) of this subsection. (3) After the first calendar year of participation, the annual assessment of each participant shall be made on the basis of a percentage of the total of indemnity and medical benefits paid by, or on behalf of, the participant during the previous calendar year. Except as provided in paragraph (2) of this subsection for the first calendar year of participation and paragraph (4) of this subsection, a participant will be assessed 1.5 percent of the medical and indemnity benefits paid by that participant during the previous calendar year or $2,000.00, whichever is greater. The maximum amount of annual assessments under this paragraph, not including those special assessments provided for in paragraph (4) of this subsection, in any calendar year against a participant shall be $8,000.00. (4) If the fund is reduced to an amount below $5 million net of all liabilities as the result of the payment of claims, the administration of claims, or the costs of administration of the fund, the board of trustees may levy a special assessment against participants upon approval by the board, according to the same procedure for assessment set forth in paragraph (3) of this subsection, in an amount sufficient to increase the funded level to $5 million net of all liabilities; provided, however, that such special assessment in any calendar year against any one participant shall not exceed $8,000.00. (5) Funds obtained by such assessments shall be used only for the purposes set forth in this article and shall be deposited upon receipt by the board of trustees into the fund. If payment of any assessment, penalty, or fine made under this article is not made within 30 days of the sending of the notice to the participant, the board of trustees is authorized to do any or all of the following: (A) Levy fines or penalties; (B) Proceed in court for judgment against the participant, including the amount of the assessment, fines, penalties, the costs of suit, interest, and reasonable attorneys' fees; (C) Proceed directly against the security pledged by the participant for the collection of same; or (D) Seek revocation of the participant's self-insured status.

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(b)(1) The fund shall be liable for claims arising out of injuries occurring after January 1, 1991; provided, however, that no claim may be asserted against the fund until the funding level has reached $1.5 million. (2) All active participants shall be required to maintain surety bonds or the board of trustees may, in its discretion, accept an irrevocable letter of credit in the amount of no less than $250,000.00. In addition, each active participant shall be required to purchase excess insurance for statutory limits with a self-insured retention specified by the board, and the excess policy shall include the bankruptcy endorsement required by the board and board of trustees. For participants who are no longer active, security in an amount commensurate with their remaining exposure, as determined by the board, shall be required until all self-insured claims have been closed and all applicable statutes of limitation have run. (c) A participant who ceases to be a self-insurer shall be liable for any and all assessments, penalties, and fines made pursuant to this Code section for so long as indemnity or medical benefits are paid for claims which originated when the participant was a self-insurer. Assessments of such a participant shall be based on the indemnity and medical benefits paid by the participant during the previous calendar year. (d) Upon refusal to pay assessments, penalties, or fines to the fund or upon refusal to comply with a board order, the fund may treat the self-insurer as being in default with this chapter and the self-insurer shall be subject to revocation of its board authorization to self-insure and forfeiture of its security."

SECTION 12. Said chapter is further amended by revising subsection (c) of Code Section 34-9-387, relating to reimbursement and security deposit from participant for compensation obligations, as follows:
"(c) The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of the participant's compensation obligations, in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit or captive or excess insurance carrier and from any other guarantee to satisfy such obligations. The fund is authorized to file a claim against an insolvent participant or the participant's agents and seek reimbursement for any payments made by the fund on behalf of the participant pursuant to this chapter. The fund is subrogated to the claim of any employee whose benefits are paid by the fund. Further, the fund shall have a lien against any reimbursement payments the participant is entitled to from the Subsequent Injury Trust Fund in an amount equal to the payments made by the fund to satisfy the participant's liability for workers' compensation benefits."

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SECTION 13. Said chapter is further amended by revising subsection (b) of Code Section 34-9-388, relating to reports of participant's insolvency, participant's audits, review of applications for self-insurance and recommendations thereon, as follows:
"(b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a complete, original bound copy of each participant's audited annual financial statement performed in accordance with generally accepted accounting standards by an independent certified public accounting firm, three to five years of loss history, name of the individual or company to administer claims, and any other pertinent information submitted to the board to authenticate the participant's self-insured status. The board of trustees may contract for the services of a qualified certified public accountant or firm to review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information."

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Approved April 26, 2016.

__________

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT.

No. 403 (Senate Bill No. 230).

AN ACT

To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for definitions; to provide for applicability to volunteer health practitioners; to provide for regulation of volunteer health practitioners during an emergency; to provide for registration systems; to provide for recognition of volunteer health practitioners licensed in other states; to provide that there shall be no effect on credentialing and privileging; to provide for the provision of volunteer health services or veterinary services; to provide for relation to other laws; to provide for regulatory authority; to provide for limitations on civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new article to read as follows:

"ARTICLE 11

38-3-160. This article shall be known and may be cited as the 'Uniform Emergency Volunteer Health Practitioners Act.'

38-3-161. As used in this article, the term:
(1) 'Credentialing' means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility. (2) 'Disaster relief organization' means an entity that provides emergency or disaster relief services that include health services or veterinary services provided by volunteer health practitioners and that:
(A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Georgia Emergency Management Agency; or (B) Regularly plans and conducts its activities in coordination with an agency of the federal government, the Department of Public Health, a local emergency management agency, a local public health district, or the Georgia Emergency Management Agency. (3) 'Emergency' means an event or condition that is deemed a state of emergency or disaster under Code Section 38-3-51, a public health emergency under Code Section 31-12-1.1, a local emergency under Code Section 36-69-2, or an emergency declared by a state entity or official or by a federal entity or official, if such emergency includes the State of Georgia, under any other provision of Georgia or federal law. (4) 'Emergency declaration' means a state of emergency or disaster declared by the Governor pursuant to Code Section 38-3-51 or other applicable law or laws. (5) 'Emergency Management Assistance Compact' means the interstate compact approved by the United States Congress by Public Law No. 104-321,110 Stat. 3877 and enacted in this state as Article 5 of this chapter. (6) 'Entity' means a person other than an individual. (7) 'Health facility' means a hospital or other health facility licensed under Chapter 7 of Title 31, a veterinary facility as defined in paragraph (16) of Code Section 43-50-3, or any other similar entity licensed under the laws of another state to provide health services or veterinary services.

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(8) 'Health practitioner' means an individual licensed under the laws of this or another state to provide health services or veterinary services. (9) 'Health services' means the provision of treatment, care, advice, or guidance, or other services or supplies, related to the health or death of individuals or human populations to the extent necessary to respond to an emergency, including:
(A) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
(i) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (ii) Counseling, assessment, procedures, or other services; (B) The sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (C) Funeral, cremation, cemetery, or other mortuary services. (10) 'Host entity' means an entity operating in this state which uses volunteer health practitioners to respond to an emergency. (11) 'License' means authorization by a state to engage in health services or veterinary services that are unlawful without such authorization. The term includes authorization under the laws of this state to an individual to provide health services or veterinary services based upon a national certification issued by a public or private entity. (12) 'Person' means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (13) 'Privileging' means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill. (14) 'Scope of practice' means the extent of the authorization to provide health services or veterinary services granted to a health practitioner by a license issued to such health practitioner in the state in which the principal part of such health practitioner's services are rendered, including any conditions imposed by the licensing authority. (15) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) 'Veterinary services' means the provision of treatment, care, advice, or guidance, or other services or supplies, related to the health or death of an animal or to animal populations to the extent necessary to respond to an emergency, including: (A) The diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccines, medicine, surgery, or therapy; (B) The use of a procedure for reproductive management; and

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(C) The monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans. (17) 'Volunteer health practitioner' means a health practitioner who provides health services or veterinary services pursuant to this article at no charge to the patients receiving such services, so long as such health practitioner does not receive compensation in direct relation to those specific services. The term 'volunteer health practitioner' shall not include a health practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires such health practitioner to provide such health services to patients of such host entity or affiliate, unless such health practitioner is not a resident of this state and is employed by a disaster relief organization providing health services in this state while an emergency declaration is in effect.

38-3-162. This article shall only apply to volunteer health practitioners registered with a registration system that complies with Code Section 38-3-164 and who provide health services or veterinary services in this state for a host entity while an emergency declaration is in effect.

38-3-163. (a) For health services and veterinary services provided by volunteer health practitioners pursuant to this article while an emergency declaration is in effect, the Governor may waive, limit, restrict, or otherwise regulate:
(1) The duration of practice by such volunteer health practitioners with respect to such services; (2) The geographical areas in which such volunteer health practitioners may practice with respect to such services; (3) The types of volunteer health practitioners who may practice with respect to such services; and (4) Any other matters necessary to coordinate effectively the provision of health services or veterinary services during the emergency. (b) An order issued pursuant to subsection (a) of this Code section may take effect immediately, without prior notice or comment, and shall not be a rule within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) A host entity that uses volunteer health practitioners to provide health services or veterinary services in this state shall: (1) Consult and coordinate its activities with the Georgia Emergency Management Agency, consistent with the Georgia Emergency Operations Plan, to provide for the efficient and effective use of volunteer health practitioners; and (2) Comply with the laws of this state relating to the management of emergency health services or veterinary services.

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38-3-164. (a) To qualify as a volunteer health practitioner registration system, a system shall:
(1) Accept applications for the registration of volunteer health practitioners before or during an emergency; (2) Include information about the licensure and good standing of health practitioners which is accessible by authorized persons; (3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this article; and (4) Meet one of the following conditions:
(A) Be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the United States Department of Health and Human Services under Section 319I of the Public Health Services Act, 42 U.S.C. Section 247d-7b; (B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to Section 2801 of the Public Health Services Act, 42 U.S.C. Section 300hh; (B.1) Be a member of an approved medical reserve corps; (C) Be operated by a:
(i) Disaster relief organization; (ii) Licensing board; (iii) National or regional association of licensing boards or health practitioners; (iv) Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or (v) Governmental entity; or (D) Be designated by the Georgia Emergency Management Agency as a registration system for purposes of this article. (b) While an emergency declaration is in effect, the Georgia Emergency Management Agency, consistent with the Georgia Emergency Operations Plan; a person authorized to act on behalf of the Georgia Emergency Management Agency; or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a) of this Code section. Confirmation shall be limited to obtaining the identities of the volunteer health practitioners from the system and determining whether the system indicates that the volunteer health practitioners are licensed and in good standing. (c) Upon request of a person in this state authorized under subsection (b) of this Code section, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the volunteer health practitioners are licensed and in good standing.

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(d) A host entity shall not be required to use the services of a volunteer health practitioner even if such volunteer health practitioner is registered with a registration system that indicates that such volunteer health practitioner is licensed and in good standing.

38-3-165. (a) While an emergency declaration is in effect, a volunteer health practitioner registered with a registration system that complies with Code Section 38-3-164 and who is licensed and in good standing in the state upon which such volunteer health practitioner's registration is based may practice in this state to the extent authorized by this article as if such volunteer health practitioner were licensed in this state. (b) A volunteer health practitioner qualified under subsection (a) of this Code Section shall not be entitled to the protections of this article if such volunteer health practitioner is licensed in more than one state and any license of such volunteer health practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges or has been voluntarily terminated under threat of sanction.

38-3-166. This article shall not affect credentialing or privileging standards of a health facility and shall not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.

38-3-167. (a) Except as otherwise provided in this Code section, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed volunteer health practitioner established by the licensing provisions, practice acts, or other laws of this state. (b) Except as otherwise provided in this article, this article shall not authorize a volunteer health practitioner to provide services that are outside such volunteer health practitioner's scope of practice, even if a similarly licensed volunteer health practitioner in this state would be permitted to provide such services. (c) A host entity may restrict the health services or veterinary services that a volunteer health practitioner may provide pursuant to this article. (d) A volunteer health practitioner shall not be considered to be engaging in unauthorized practice unless such volunteer health practitioner has reason to know of any limitation, modification, or restriction under this Code section or that a similarly licensed volunteer health practitioner in this state would not be permitted to provide such services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction under this Code section or that a similarly licensed volunteer health practitioner in this state would not be permitted to provide a service if:
(1) The volunteer health practitioner knows the limitation, modification, or restriction exists or that a similarly licensed volunteer health practitioner in this state would not be permitted to provide such service; or

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(2) From all the facts and circumstances known to the volunteer health practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed volunteer health practitioner in this state would not be permitted to provide such service. (e) In addition to the authority granted by the laws of this state other than this article to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state: (1) May impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency; (2) May impose administrative sanctions upon a health practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and (3) Shall report any administrative sanctions imposed upon a health practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which such health practitioner is known to be licensed. (f) In determining whether to impose administrative sanctions under subsection (e) of this Code section, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the health practitioner's scope of practice, education, training, experience, and specialized skill.

38-3-168. (a) This article shall not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this article. Except as otherwise provided in subsection (b) of this Code section, this article shall not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact. (b) The Georgia Emergency Management Agency, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.

38-3-169. The Department of Public Health may promulgate rules and regulations to implement this article. In doing so, the Department of Public Health shall consult with and consider the recommendations of the Georgia Emergency Management Agency, consistent with the Georgia Emergency Operations Plan, and shall also consult with and consider rules and regulations promulgated by similarly empowered agencies in other states to promote uniformity of application of this article and make the emergency response systems in the various states reasonably compatible.

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38-3-170. (a) Except as provided in subsection (c) of this Code section, a volunteer health practitioner who provides health services or veterinary services pursuant to this article shall not be liable for damages for his or her act or omission in providing such health services or veterinary services. (b) No person shall be vicariously liable for damages for an act or omission of a volunteer health practitioner if such volunteer practitioner is not liable for the damages under subsection (a) of this Code section. (c) This Code section shall not limit the liability of a volunteer health practitioner for:
(1) Willful misconduct or wanton, grossly negligent, reckless, or criminal conduct; (2) An intentional tort; (3) Breach of contract; (4) A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the volunteer health practitioner; or (5) An act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle. (d) A person that, pursuant to this article, operates, uses, or relies upon information provided by a volunteer health practitioner registration system shall not be liable for damages for an act or omission relating to that operation, use, or reliance unless such act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct. (e) In addition to the protections provided in subsection (a) of this Code section, a volunteer health practitioner who provides health services or veterinary services pursuant to this article shall be entitled to all the rights, privileges, or immunities which may otherwise be provided by law.

38-3-171. In applying and construing this uniform Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it."

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

Approved April 26, 2016.

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COURTS DOMESTIC RELATIONS HEALTH LEGITIMATION; PROCEDURES.

No. 404 (Senate Bill No. 64).

AN ACT

To amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for conforming cross-references relating to the elimination of administrative legitimation; to provide for and revise definitions; to clarify provisions relating to judicial petitions for legitimation; to provide for witnesses to the signing of acknowledgments of paternity; to provide for access to signed acknowledgments of paternity and voluntary acknowledgments of legitimation; to change provisions relating to hospital programs for establishing paternity; to provide for the repeal of a certain power of attorney; to change provisions relating to vital records; to provide for a savings clause; to provide for an effective date and contingent effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code, is amended by revising paragraph (43) as follows:
"(43) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who:
(A) Has legally adopted such child; (B) Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; or (D) Has legitimated such child by a final order pursuant to Code Section 19-7-22."

SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by repealing in its entirety Code Section 19-7-21.1, relating to acknowledgment of legitimation.

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SECTION 3. Said title is further amended by revising Code Section 19-7-22, relating to the petition for legitimation of a child, requirements therefor, the effect of such, claims for custody or visitation, and third-party actions for legitimation, as follows:
"19-7-22. (a) As used in this Code section, the term:
(1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of a child. (2) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who:
(A) Has legally adopted such child; (B) Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of this chapter; (C) Married the legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of this chapter; or (D) Has legitimated such child pursuant to this Code section. (b) The biological father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child's mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside this state or cannot, after due diligence, be found within this state, the petition may be filed in the county of the biological father's residence or the county of the child's residence. If a petition for the adoption of the child is pending, the biological father shall file the petition for legitimation in the county in which the adoption petition is filed. (c) A legitimation petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the biological father desires the name of the child to be changed, the new name. If the mother is alive, she shall be named as a party and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' If there is a legal father who is not the biological father, he shall be named as a party by the petitioner and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (d) Upon the presentation and filing of a legitimation petition, and after a hearing for which notice was provided to all interested parties, the court may issue an order declaring the biological father's relationship with the child to be legitimate, provided that such order is in the best interests of the child. If such order is issued, the biological father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock. Such order shall specify the name by which the child shall be known.

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(e) A legitimation petition may be filed, pursuant to Code Section 15-11-11, in the juvenile court of the county in which a dependency proceeding regarding the child is pending; provided, however, that if either parent has demanded a jury trial as to child support, that issue of the case shall be transferred to superior court for a jury trial. Such petition shall contain the same information and require the same service and opportunity to be heard as set forth in subsection (c) of this Code section. After a hearing, the juvenile court may issue the same orders as set forth in subsection (d) of this Code section. (f) A superior court shall, after notice and hearing, enter an order establishing the obligation to support a child as provided under Code Section 19-6-15. (g) A legitimation petition may also include claims for visitation, parenting time, or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation, parenting time, or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (4) of subsection (a) of Code Section 19-9-3 shall also apply. (h) In any petition to establish paternity pursuant to paragraph (4) of subsection (a) of Code Section 19-7-43, the alleged biological father's response may assert a third-party action for the legitimation of the child born out of wedlock if the alleged biological father is, in fact, the biological father. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interests of the child. In determining the best interests of the child, the court should ensure that the petitioning alleged biological father is, in fact, the biological father and may order the mother, the alleged biological father, and the child to submit to genetic testing in accordance with Code Section 19-7-45. Whenever a petition to establish the paternity of a child is brought by the Department of Human Services, issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child, in accordance with Code Section 19-11-8; if the petition to establish paternity is brought by a party other than the Department of Human Services or if the alleged biological father seeks legitimation, the court may determine issues of name change, visitation, and custody in accordance with subsections (c) and (g) of this Code section. Custody of the child shall remain in the mother unless or until a court order is entered addressing the issue of custody."

SECTION 4. Said title is further amended by revising Code Section 19-7-25, relating to in whom parental power over a child born out of wedlock lies, as follows:

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"19-7-25. Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child."

SECTION 5. Said title is further amended by revising Code Section 19-7-27, relating to hospital program for establishing paternity, as follows:
"19-7-27. (a) Except in the event of a medical emergency, prior to the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall provide to the mother and alleged father:
(1) Written materials about administratively establishing paternity; (2) The forms necessary to voluntarily acknowledge paternity; (3) A written description of the rights and responsibilities of voluntarily acknowledging paternity, the differences between paternity and legitimation, and the duty to support a child upon acknowledgment of paternity; and (4) The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about administratively establishing paternity and the availability of judicial determinations of paternity. (b) Providing the written materials describing rights and responsibilities shall not constitute the unlawful practice of law. (c) After the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall: (1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to execute a voluntary acknowledgment of paternity if a notary public is available at such hospital; (2) File the signed voluntary acknowledgment of paternity with the State Office of Vital Records within 30 days of its execution, provided that such acknowledgment is signed at the hospital on or before the mother is discharged; and (3) Provide to the child's mother and alleged father copies of the signed voluntary acknowledgment of paternity."

SECTION 6. Said title is further amended by revising subsection (d) of Code Section 19-7-43, relating to petition to establish paternity and genetic testing, as follows:
"(d) In any case in which the paternity of a child or children has not been established, the court, either on its own motion or on the motion of any party, may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. Such motion, if made by a party, shall be supported by a sworn statement

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alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued by the court. The court shall grant a party's motion unless it finds a good excuse for noncooperation."

SECTION 7. Said title is further amended by revising Code Section 19-7-46.1, relating to name or social security number on birth certificate or other record as evidence of paternity and signed voluntary acknowledgment of paternity, as follows:
"19-7-46.1. (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity. (b) When both the mother and father have signed a voluntary acknowledgment of paternity in the presence of a notary public swearing or affirming the statements contained in the acknowledgment are true and such acknowledgment is filed with the State Office of Vital Records within 30 days of its execution and is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support and other matters under Code Section 19-7-51. Acknowledgment of paternity shall establish the biological father, as such term is defined in Code Section 19-7-22, but shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-22. (c) After the 60 day rescission period specified in subsection (b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown. (d) A copy of a signed voluntary acknowledgment of paternity shall be provided to any signatory upon request.
(e)(1) As used in this subsection, the term:

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(A) 'Child-placing agency' means an agency licensed as such pursuant to Chapter 5 of Title 49. (B) 'Legal custodian' shall have the same meaning as set forth in Code Section 15-11-2. (C) 'Local custodian' shall have the same meaning as set forth in Code Section 31-10-1. (D) 'State registrar' shall have the same meaning as set forth in Code Section 31-10-1. (2) The state registrar or local custodian, upon receipt of a written application, shall issue a certified copy of voluntary acknowledgment of paternity in the state registrar's or local custodian's custody to: (A) The person who signed such acknowledgment and his or her guardian or temporary guardian; (B) The person whose paternity was acknowledged, if he or she is at least 18 years of age; (C) The guardian, temporary guardian, or legal custodian of the person whose paternity was acknowledged; (D) The living legal spouse or next of kin, the legal representative, or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose paternity is registered; (E) A court of competent jurisdiction upon its order or subpoena; (F) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes; (G) A member in good standing of the State Bar of Georgia, provided that such certificate shall be needed for purposes of legal investigation on behalf of a client; and (H) A child-placing agency, provided that such certificate shall be needed for official purposes."

SECTION 8. Said title is further amended by revising Code Section 19-7-51, relating to order of support, visitation privileges, and other provisions, as follows:
"19-7-51. The decree or order establishing paternity may contain any other provisions concerning the duty to support the child by periodic or lump sum payments, as provided in Code Section 19-6-15, or any other matter in the best interests of the child."

SECTION 9. Said title is further amended by revising paragraph (6) of Code Section 19-8-1, relating to definitions relating to adoption, as follows:
"(6) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who:
(A) Has legally adopted such child;

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(B) Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; (C) Married the legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; or (D) Has legitimated such child by a final order pursuant to Code Section 19-7-22."

SECTION 10. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-4, relating to when surrender or termination of parental or guardian's rights is required, as follows:
"(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1."

SECTION 11. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights when child to be adopted by a third party, as follows:
"(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1."

SECTION 12. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-7, relating to surrender or termination of parental or guardian's rights when child to be adopted by a relative, as follows:
"(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1."

SECTION 13. Said title is further amended by revising subsection (c) of Code Section 19-8-9, relating to surrender of parental rights when legal mother puts up for adoption a child that she previously adopted herself, as follows:
"(c) If a legal mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender within the ten-day period after signing as permitted by the provisions of subsection (b) of this Code section, she shall have no right

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or authority to sign a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1 regarding the same child."

SECTION 14. Said title is further amended by revising subsection (e) of Code Section 19-8-12, relating to notice to biological father, as follows:
"(e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files:
(1) A petition to legitimate the child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father."

SECTION 15. Said title is further amended by repealing Article 5 of Chapter 9, relating to a power of attorney relating to children.

SECTION 16. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising subsections (a) and (d) of Code Section 31-10-25, relating to disclosure of information contained in vital records, as follows:
"(a) To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital records, it shall be unlawful for any person to permit inspection of, or to disclose information contained in, vital records or to copy or issue a copy of all or part of any such record except as authorized by this chapter, Code Section 19-7-46.1, and regulation or by order of a court of competent jurisdiction. Regulations adopted under this Code section shall provide for adequate standards of security and confidentiality of vital records. The provisions of this subsection shall not apply to court records or indexes of marriage licenses, divorces, and annulments of marriages filed as provided by law." "(d) Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as authorized by this chapter, Code Section 19-7-46.1, and regulation or by order of a court of competent jurisdiction."

SECTION 17. Said chapter is further amended by revising subsection (a) of Code Section 31-10-26, relating to certified copies of vital records, issuance, and use for statistical purposes, as follows:
"(a) In accordance with Code Section 31-10-25 and the regulations adopted pursuant thereto:

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(1) The state registrar or local custodian, upon receipt of a written application, shall issue:
(A) A certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record; (B) Certified copies of voluntary acknowledgments of paternity as provided in subsection (e) of Code Section 19-7-46.1; (C) Certified copies of voluntary acknowledgments of legitimation executed on or before June 30, 2015, to the same individuals and entities specified in subsection (e) of Code Section 19-7-46.1; and (D) Certified copies of certificates to:
(i) The person whose record of birth is registered; (ii) Either parent, guardian, or temporary guardian of the person whose record of birth or death is registered; (iii) The living legal spouse or next of kin, the legal representative, or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (iv) A court of competent jurisdiction upon its order or subpoena; or (v) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes; and (2) Each certified copy issued shall show the date of registration and duplicates issued from records marked 'delayed' or 'amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all duplicates issued. All forms and procedures used in the issuance of certified copies of vital records in this state shall be provided or approved by the state registrar."

SECTION 18. This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016.

SECTION 19. This Act shall become effective on July 1, 2016, provided that Section 15 of this Act shall become effective only if Article 5 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to a power of attorney relating to children, as would be enacted by HB 887, as passed by the General Assembly during the 2016 legislative session, becomes law prior to this Act; otherwise, Section 15 of this Act shall not become effective.

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SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

Approved April 26, 2016.

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MENTAL HEALTH NOTICE OF RIGHTS UPON ADMISSION TO EMERGENCY RECEIVING FACILITY; PROCEDURE FOR CONTINUED INVOLUNTARY HOSPITALIZATION UNDER CERTAIN CIRCUMSTANCES.

No. 405 (Senate Bill No. 271).

AN ACT

To amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination and treatment for mental illness, so as to provide for reasonable standards for providing persons with mental illness and their representatives notice of their rights upon each such person's admission to an emergency receiving facility; to provide for procedure for continued involuntary hospitalization of a person who has mental illness when a discharge has been planned and is deemed unsafe; to change the time frame for certain notices related to the procedure for continued involuntary hospitalization; to provide for a reasonable standard for diligent efforts to secure the names of a person's representatives; 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 37 of the Official Code of Georgia Annotated, relating to examination and treatment for mental illness, is amended by revising Code Section 37-3-44, relating to giving a patient and his or her representatives notice of their rights upon a patient's admission to an emergency receiving facility, as follows:
"37-3-44. (a) Immediately upon arrival of a person at an emergency receiving facility under Code Section 37-3-43 or as soon thereafter as reasonably possible given a person's condition or mental state at the time of arrival, the facility shall give the person written notice of his or her right to petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. This written notice shall also inform the person who has mental illness that he or she has a right to legal counsel and that, if the person is unable to afford counsel, the court will appoint counsel.

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(b) The notice informing the person's representatives of such person's hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148."

SECTION 2. Said chapter is further amended by revising Code Section 37-3-83, relating to procedure for continued involuntary hospitalization, as follows:
"37-3-83. (a) If it is necessary to continue involuntary treatment of a hospitalized person who has mental illness beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain such person, the chief medical officer prior to the expiration of the period shall seek an order authorizing such continued treatment in the manner provided in this Code section. The chief medical officer may seek such an order authorizing continued involuntary treatment involving inpatient treatment, outpatient treatment, or both under the procedures of this Code section and Code Section 37-3-93. (b) If the chief medical officer finds that continued involuntary treatment is necessary for an individual who was admitted while serving a criminal sentence but whose sentence is about to expire or for an individual who was hospitalized while under the jurisdiction of a juvenile court but who is about to reach the age of 17, the chief medical officer shall seek an order authorizing such continued treatment in the manner provided in this Code section; and this chapter shall apply fully to such a person after that time. (c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than five persons of professional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meetings with a quorum of any three members, at least one of whom shall be a physician. The function of this committee shall be to review and evaluate the updated individualized service plan of each person who has mental illness of the hospital and to report to the chief medical officer its recommendations concerning the person's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the person for whom continued involuntary treatment is requested shall serve on any committee which reviews such person's case. (d) If the chief medical officer desires to seek an order under this Code section authorizing continued involuntary treatment for up to 12 months beyond the expiration of the currently authorized period of hospitalization, he or she shall first file a notice of such intended action with the Committee for Continued Involuntary Treatment Review, which notice shall be forwarded to the committee at least 40 days prior to the expiration of that period. (e) If, within 40 days of the expiration of an order for involuntary treatment relating to a person who has mental illness for whom discharge has been planned, the chief medical officer determines discharge would now be unsafe, the chief medical officer may execute

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a certificate to be filed with a petition for continued involuntary treatment pursuant to this chapter. The certificate shall indicate the basis for the determination that the person is a person who has mental illness requiring involuntary treatment as defined in paragraph (12) of Code Section 37-3-1, the reason the process for obtaining an order for continued hospitalization was not commenced 40 days or more prior to the expiration date, and the reason continued hospitalization is the least restrictive alternative available. Referral to the Committee for Continued Involuntary Treatment Review is not required prior to the filing of a certificate and petition under this subsection. Under this subsection, the chief medical officer shall serve the petition for an order authorizing continued involuntary treatment along with copies of the updated individualized service plan on the Office of State Administrative Hearings and shall also serve such petition along with a copy of the updated individualized service plan on the person who has mental illness. A copy of the petition shall be served on the person's representatives. The petition shall contain a plain and simple statement that the person who has mental illness or his or her representatives may file a request for a hearing with a hearing examiner appointed pursuant to Code Section 37-3-84 within ten days after service of the petition, that the person who has mental illness has a right to counsel at the hearing, that the person who has mental illness or his or her representatives may apply immediately to the court to have counsel appointed if such person cannot afford counsel, and that the court will appoint counsel for the person who has mental illness unless the person indicates in writing that he or she does not desire to be represented by counsel or has made his or her own arrangements for counsel. If, following the filing of the certificate and petition under this subsection, the order authorizing the treatment facility to retain the person who has mental illness expires, such facility shall be authorized to retain the person for continued involuntary treatment until a ruling is issued. If at any time the chief medical officer determines that the person who has mental illness, after consideration of the recommendations of the treatment team, is no longer a person who has mental illness requiring involuntary inpatient treatment, the person shall be immediately discharged from involuntary inpatient treatment pursuant to subsection (b) of Code Section 37-3-85. (f) Within five days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the person who has mental illness and his or her representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized service plan secured at their expense. In those cases in which the person will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the person who has mental illness and report to the committee. The physician or psychologist proposing the treatment plan shall present an updated individualized service plan for the person to the committee. The committee shall report to the chief medical officer or his or her designee, other than the physician or psychologist proposing the treatment plan or a member of the committee, its written

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recommendations along with any minority recommendations which may also be submitted. Such report shall specify whether or not the person has a mental illness requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available. (g) If, after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his or her designee, other than the attending physician or a member of the committee, determines that the person is not a person who has mental illness requiring involuntary treatment, the person shall be immediately discharged from involuntary hospitalization pursuant to subsection (b) of Code Section 37-3-85. (h) If, after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his or her designee, other than the attending physician or member of the committee, determines that the person has a mental illness requiring involuntary treatment, he or she shall, within five days after receiving the committee's recommendations, serve a petition for an order authorizing continued involuntary treatment along with copies of the updated individualized service plan and the committee's report on the Office of State Administrative Hearings and shall also serve such petition along with a copy of the updated individualized service plan on the person who has mental illness. A copy of the petition shall be served on the person's representatives. The petition shall contain a plain and simple statement that such person or his or her representatives may file a request for a hearing with a hearing examiner appointed pursuant to Code Section 37-3-84 within ten days after service of the petition, that the person has a right to counsel at the hearing, that the person or his or her representatives may apply immediately to the court to have counsel appointed if the person cannot afford counsel, and that the court will appoint counsel for the person unless the person indicates in writing that he or she does not desire to be represented by counsel or has made his or her own arrangements for counsel. (i) If a hearing is not requested by the person with mental illness or his or her representatives within ten days of service of the petition on the person and his or her representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized service plan, and the petition. If he or she concludes that continued involuntary treatment may not be necessary or if he or she finds any member of the committee so concluded, then he or she shall order that a hearing be held pursuant to subsection (i) of this Code section. If he or she concludes that continued involuntary treatment is necessary, then he or she shall order continued involuntary treatment involving inpatient treatment, outpatient treatment, or both for a period not to exceed one year. (j) If a hearing is requested within ten days of service of the petition on the person who has mental illness and his or her representatives or if the hearing examiner orders a hearing pursuant to subsection(i) or(k) of this Code section, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but no later than the day on which the current order of involuntary inpatient treatment expires, unless such hearing occurs after the expiration of the order

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pursuant to subsection (e) of this Code section. Notice of the hearing shall be served on the person, his or her representatives, the treatment facility, and, when appropriate, the counsel for the person. The hearing examiner, within his or her discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing, except that the person's attorney, when the person is unable to attend the hearing and is incapable of consenting to a waiver of his or her appearance, may move that the person not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under Code Section 37-3-81.1 and subject to the limitations of Code Section 37-3-81.1, provided that a person who is an outpatient who does not meet the requirements for discharge under paragraph (2) of subsection (a) of Code Section 37-3-81.1 shall nevertheless be discharged; and provided, further, that the hearing examiner may order the person's continued inpatient treatment, outpatient treatment, or both for a period not to exceed one year, subject to the power to discharge the person under subsection (b) of Code Section 37-3-85 or under Code Section 37-3-94. In the event that an order approving continued hospitalization is entered for an individual who was admitted while serving a criminal sentence under the jurisdiction of the Department of Corrections, but whose sentence is about to expire, the chief medical officer shall serve a copy of that order upon the Department of Corrections within five working days of the issuance of the order. (k) The hearing examiner for a person who has mental illness who was admitted under the jurisdiction of the juvenile court and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection(j) of this Code section."

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 37-3-147, relating to patient representatives and guardians ad litem, notification provisions, and duration and scope of guardianship ad litem, as follows:
"(a) At the time a person who has mental illness is admitted to any facility under this chapter or as soon thereafter as reasonably possible given the person's condition or mental state at the time of admission, that facility shall use diligent efforts to secure the names and addresses of at least two representatives, which names and addresses shall be entered in the person's clinical record."

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

Approved April 26, 2016.

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HEALTH CERTAIN NONDIAGNOSTIC LABORATORIES NOT SUBJECT TO STATE LICENSURE.

No. 406 (Senate Bill No. 273).

AN ACT

To amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide that certain nondiagnostic laboratories are not subject to state licensure as a clinical laboratory; 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 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, is amended by revising paragraph (2) as follows:
"(2) 'Clinical laboratory' means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the diagnosis of, recommendation of treatment of, or for the purposes of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of human beings; the term 'clinical laboratory' shall include specimen collection stations and shall include blood banks which provide through their ownership or operation a system for the collection, processing, or storage of human blood and its component parts as well as tissue banks which procure, store, or process human or animal tissues designed to be used for medical purposes in human beings. The term 'clinical laboratory' shall not include laboratories which are nondiagnostic only and regulated pursuant to the federal Clinical Laboratory Improvement Amendments (CLIA) whose sole function is to perform examination of human blood or blood components intended as source material for the manufacture of biological products."

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

Approved April 26, 2016.

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INSURANCE HEALTH CARE PROVIDER NETWORK RESTRICTIONS AND REQUIREMENTS; REGISTRATION BY RENTAL PREFERRED PROVIDER NETWORKS.

No. 407 (Senate Bill No. 158).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for certain health care provider network restrictions and requirements; to provide for definitions; to require registration by rental preferred provider networks; to provide for applicability; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows:

"CHAPTER 20C

33-20C-1. As used in this chapter, the term:
(1) 'Affiliate' means an entity owned or controlled, either directly or through a parent or subsidiary entity, by a contracting entity that accesses the rates, terms, or conditions of health care services. (2) 'Contracting entity' means any person or entity that enters into direct contracts with health care providers for the delivery of health care services in the ordinary course of business, including a health care organization or hospital organization when leasing or renting the health care organization's or hospital organization's network to a third party. (3) 'Covered person' means an individual who is covered under a health insurance plan. (4) 'Health care services' means the examination or treatment of persons for the prevention of illness or the correction or treatment of any physical or mental condition resulting from illness, injury, or other human physical problem. (5) 'Health insurer' means an accident and sickness insurer, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity regulated by the Commissioner.

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(6) 'Provider network contract' means a contract between a contracting entity and a provider specifying the rights and responsibilities of the contracting entity and provider for the delivery of and payment for health care services to covered persons. (7) 'Rental preferred provider network' means a preferred provider network that contracts with a health insurer or other payor or with another preferred provider network to grant access to the terms and conditions of its contract with providers of health care services. Such contracts are often referred to as 'renting' or 'leasing' the network. The term 'rental preferred provider network' does not refer to a proprietary network of a licensed insurer or to arrangements providing for access to the proprietary network of a licensed insurer by affiliates of the licensed insurer or by entities receiving administrative services from the licensed insurer or its affiliates. (8) 'Third party' means an organization that enters into a contract with a contracting entity or with another third party to gain access to a provider network contract.

33-20C-2. (a) Any person who commences business as a rental preferred provider network shall register with the Commissioner within 30 days of commencing business in this state unless such person is licensed by the Commissioner as a health insurer. Each rental preferred provider network not licensed by the Commissioner on July 1, 2016, shall be required to register with the Commissioner no later than September 30, 2016, and shall be placed on an approved list maintained by the Commissioner. (b) Registration shall consist of the submission of the following information:
(1) The official name of the rental preferred provider network, including any d/b/a designations used in this state; (2) The mailing address and main telephone number for the rental preferred provider network's main headquarters; and (3) The name and telephone number of the rental preferred provider network representative who shall serve as the primary contact with the department. (c) The information required by this Code section shall be submitted in written or electronic format, as prescribed by the Commissioner by rule or regulation. (d) The Commissioner may, pursuant to rule or regulation, collect a reasonable fee for the purpose of administering the registration process. (e) The Commissioner shall maintain an approved list of rental preferred provider networks.

33-20C-3. (a) A rental preferred provider network shall not:
(1) Knowingly access or utilize a network provider's contractual discount pursuant to a provider network contract without a contractual relationship with the network provider, rental preferred provider network, or third party; or

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(2) Lease, rent, or otherwise grant to a third party access to a provider network contract unless:
(A) The third party is a payor or third-party administrator or another entity that administers or processes claims on behalf of the payor; (B) The provider network contract states that the contracting entity may enter into an agreement with a third party allowing the third party to obtain the contracting entity's rights and responsibilities under the provider network contract as if the third party were the contracting entity; (C) The provider network contract, and all agreements between a contracting entity and any third party, prohibits such third party from increasing the contractual discounts or otherwise reducing the compensation to a network provider to an amount below that which the network provider was entitled from the contracting entity for health care services at the time the third party was granted access to the provider network contract unless such third party becomes a contracting entity; and (D) The third party accessing the provider network contract is contractually obligated to comply with all applicable terms, limitations, and conditions of the provider network contract. (b) A contracting entity that grants access to a network provider's health care services and contractual discounts to any third party pursuant to a provider network contract shall maintain an Internet website, mobile communication device application, or other readily available mechanism, such as a toll-free telephone number, through which a network provider may obtain a listing, updated at least every 30 days, of the third parties to which the contracting entity or another third party has executed contracts to grant access to such network provider's health care services and contractual discounts pursuant to a provider network contract. (c) All information made available to a network provider in accordance with the requirements of this chapter shall be confidential and shall not be disclosed to any person or entity not employed by the network provider or involved in the network provider's practice or the administration thereof without the prior written consent of the contracting entity; provided, however, that this shall not preclude a network provider from disclosing such information to an outside consultant or attorney for the purpose of assisting the network provider with any disputes with a contracting entity. (d) Nothing contained in this chapter shall be construed to prohibit a contracting entity from requiring a network provider to execute a reasonable confidentiality agreement to ensure that confidential or proprietary information disclosed by the contracting entity is not used for any purpose other than the network provider's direct practice management or billing activities.

33-20C-4. (a) A third party, having itself been granted access to a network provider's health care services and contractual discounts pursuant to a provider network contract, that

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subsequently grants access to another third party shall be obligated to comply with the rights and responsibilities imposed on contracting entities pursuant to this chapter. (b) A third party that enters into a contract with another third party to access a network provider's health care services and contractual discounts pursuant to a provider network contract shall be obligated to comply with the rights and responsibilities imposed on third parties under this Code section.

33-20C-5. This chapter shall not apply to:
(1) Provider network contracts for services provided to Medicaid, medicare, the state health benefit plan under Article 1 of Chapter 18 of Title 45, or State Children's Health Insurance Program (SCHIP) beneficiaries; (2) Employers, church plans, or government plans receiving administrative services from a rental preferred provider network or its affiliates, or pharmacy benefits managers; (3) Circumstances where access to the provider network contract is granted to an entity operating under the same brand licensee program as the contracting entity; (4) The provision of any medical services for injuries covered under Chapter 9 of Title 34, relating to workers' compensation; or (5) Self-funded, employer sponsored health insurance plans regulated under the Employee Retirement Income Security Act of 1974, as codified and amended at 29 U.S.C. Section 1001, et seq.

33-20C-6. Any person or entity that is not duly licensed or that should be licensed by the department or that is not duly registered or that should be registered with the department pursuant to Code Section 33-20C-2 and acts as a rental preferred provider network, as defined in paragraph (7) of Code Section 33-20C-1, shall be subject to penalties set forth in subsection (g) of Code Section 33-2-24. The Commissioner shall have the authority, in addition to any other remedies and damages allowed by law, to seek to restrain or enjoin any person or entity, whether or not such person or entity is licensed or registered pursuant to this title, that is determined to be in violation of Code Section 33-20C-2 or 33-20C-3, and such person or entity shall be liable for attorney fees and litigation expenses incurred in the action to restrain or enjoin such violation."

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

Approved April 26, 2016.

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MOTOR VEHICLES AND TRAFFIC PENAL INSTITUTIONS LICENSING AND DRIVING PRIVILEGES FOR PERSON ARRESTED FOR DRIVING UNDER THE INFLUENCE; IGNITION INTERLOCK DEVICES; CONDITIONS AND PROCEDURES.

No. 408 (House Bill No. 205).

AN ACT

To amend Chapter 5 of Title 40 and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to drivers' licenses and ignition interlock devices as condition of probation, respectively, so as to provide for changes to licensing and driving privileges for individuals arrested for driving under the influence; to provide for the issuance of an optional ignition interlock device limited driving permit upon arrest for driving under the influence under certain circumstances; to provide for submission of a report by the Department of Driver Services; to provide for procedures, conditions, fees, and limitations for the issuance of an ignition interlock device limited driving permit; to change the time frame for requesting hearings after an arrest for driving under the influence; to provide for cancellation of restrictions upon successful completion of complying with an ignition interlock device limited driving permit or other circumstances; to provide for conditions of maintaining ignition interlock devices and use of such devices; to revise and correct cross-references; 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:

PART I SECTION 1-1.

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (a), (c) through (e), and (g) as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of this Code section or Code Section 40-5-57, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, may apply for a limited driving permit when that person's driver's license had a suspension imposed prior to July 1, 2015, under Code Section 40-5-22 or that person's

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driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit. (2) No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock device limited driving permit, or any other driving privilege for a period of one year. (3) To the extent a person is subject to more than one suspension for which a limited driving permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-5-67.2 arising from the same incident." "(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: (1) Going to his or her place of employment or performing the normal duties of his or her occupation; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (6) Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office or reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42 or performing community service; (7) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; or

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(8) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18. (c.1) Exception to standards for approval. The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension imposed prior to July 1, 2015, under Code Section 40-5-22. (d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and (5) Such other restrictions as the department may require. (e) Fees, duration, renewal, and replacement of limited driving permit. A limited driving permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the administrative driver's license suspension form or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Such permits may be renewed one time after the person is eligible to reinstate his or her driver's license for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C

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driver's license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her." "(g) Revocation of limited driving permit. (1) Any limited driving permittee who is convicted of violating any state law relating to the movement of vehicles or any limited driving permittee who is convicted of violating the conditions endorsed on his or her limited driving permit shall have such permit revoked by the department. Any court in which such conviction is had shall require such permittee to surrender his or her limited driving permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. (2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. In any case of revocation of a limited driving permit pursuant to paragraph (1) of this subsection, the department may impose an additional period of suspension for the conviction upon which revocation of the permit was based."

SECTION 1-2. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-64.1. (a) To whom issued.
(1) Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, and whose driver's license is subject to an administrative driver's license suspension pursuant to subsection (c) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department. (2) Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, and whose driver's license is subject to an administrative driver's license suspension pursuant to subsection (d) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department. (3) Any person whose driver's license has been suspended as a result of a second conviction for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, may apply for an ignition interlock device limited driving permit after serving at least 120 days of the suspension required for such conviction.

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(4) The department shall not issue an ignition interlock device limited driving permit to any person:
(A) Under 21 years of age; (B) Who is not currently licensed to operate a motor vehicle in this state; (C) Who currently holds a license to drive a commercial motor vehicle; (D) Whose driver's license is subject to an administrative suspension for involvement in a traffic accident resulting in injuries or fatalities; or (E) Whose driver's license is subject to a suspension, revocation, or cancellation for any reason other than as contemplated by this Code section. (b) Application form. Applications for ignition interlock device limited driving permits shall be made upon such forms as the commissioner may prescribe. All applications shall be signed by the applicant before a person authorized to administer oaths. (c) Standards for approval. (1) The department shall issue an ignition interlock device limited driving permit for a fee of $25.00 and: (A) For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section:
(i) Within 30 days from the date on which notice was given pursuant to subsection (g) of Code Section 40-5-67.1; (ii) Upon surrender of the applicant's driver's license; and (iii) Upon the applicant's execution of an affidavit attesting that the hearing afforded under subsection (g) of Code Section 40-5-67.1 has been waived; or (B) For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (3) of subsection (a) of this Code section, upon the submission of a certificate of eligibility from an accountability court, as such term is defined in Code Section 15-1-18, or the submission of proof of enrollment in a substance abuse treatment program as provided in Code Section 40-5-63.1 and the surrender of his or her driver's license to such court or to the department if the department has processed the administrative driver's license suspension form or conviction. (2) No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for a limited driving permit pursuant to Code Section 40-5-64 or any other driving privilege for a period of one year. (d) Duration, renewal fees, and replacement of ignition interlock device limited driving permit. (1) An ignition interlock device limited driving permit issued pursuant to this Code section shall become invalid upon the expiration of one year following issuance thereof or upon any earlier reinstatement of the permittee's driver's license. (2) Ignition interlock device limited driving permits issued pursuant to this Code section shall be renewable upon payment of a renewal fee of $5.00. Such permits may be renewed for additional periods of two months upon payment of a renewal fee of $5.00,

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but it may only be renewed one time after such person is eligible to reinstate his or her driver's license. (3) Upon payment of a fee in the same amount as that provided by Code Section 40-5-25 for the issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed ignition interlock device limited driving permit previously issued to him or her. (e) Conditions upon use of ignition interlock device limited driving permit. An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes:
(A) Going to his or her place of employment or performing the normal duties of his or her occupation; (B) Receiving scheduled medical care or obtaining prescription drugs; (C) Attending a college or school at which he or she is regularly enrolled as a student; (D) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; (E) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (F) Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or performing community service; (G) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; (H) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18; or (I) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider. (f) Revocation of ignition interlock device limited driving permit. (1)(A) The department shall revoke the ignition interlock device limited driving permit of any permittee issued such permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section who is convicted of violating any state law relating to the movement of vehicles or convicted of driving a motor vehicle in violation of an ignition interlock device limited driving permit. Any court in which such conviction is had shall require such permittee to surrender the ignition interlock device limited driving permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. (B) The department shall revoke the ignition interlock device limited driving permit of any permittee who is required to complete a substance abuse treatment program

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pursuant to Code Section 40-5-63.1 and enrolled but failed to attend or complete such program as scheduled upon receipt of notice of such information from the Department of Behavioral Health and Developmental Disabilities. The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (C) The department shall revoke the ignition interlock device limited driving permit of a permittee upon receipt of notice from an ignition interlock device service provider that an ignition interlock device has been tampered with, a permittee has failed to report for monitoring as required by law, or an ignition interlock device has been removed from any motor vehicle to be driven by a permittee prior to successful completion of the required term of monitoring under Code Section 42-8-110.1. (2) The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (3) Any person whose ignition interlock device limited driving permit has been revoked for the first time shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. Any person whose ignition interlock device limited driving permit has previously been revoked shall not be eligible to apply for a driver's license until two years from the date such permit was surrendered to the department. (g) Hearings. Any person whose ignition interlock device limited driving permit has been revoked or who has been refused such permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with such chapter. (h) Rules and regulations. The commissioner may promulgate rules and regulations as are necessary to implement this Code section. (i) Penalty. Any person issued an ignition interlock device limited driving permit who operates a motor vehicle in violation of the terms of such permit, as described in Code Section 42-8-110.1 or subsection (e) or (f) of this Code section, commits the offense of violation of an ignition interlock device limited driving permit. Any person who commits the offense of violation of an ignition interlock device limited driving permit shall be guilty of a misdemeanor.

40-5-64.2. (a) The commissioner shall submit a report to the Senate Public Safety Committee and the House Committee on Motor Vehicles detailing the annual number of optional ignition

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interlock device limited driving permits issued under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1. Such report shall be made no later than the last day of December of each year. (b) This Code section shall stand repealed on January 1, 2020."

SECTION 1-3. Said chapter is further amended by revising subsection (b) of Code Section 40-5-67, relating to seizure and disposition of driver's license of persons charged with driving under the influence, as follows:
"(b)(1) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:
(A) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 45 day temporary driving permit; (B) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 45 day temporary driving permit; or (C) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit. (2) A temporary driving permit issued under this subsection shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of such temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of a temporary driving permit may be delayed."

SECTION 1-4. Said chapter is further amended in Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspensions and denials, and right to a hearing and review, by revising paragraph (1) of subsection (f) and paragraphs (1), (3), and (4) of subsection (g) as follows:
"(f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 45 day temporary driving permit. The officer shall forward the person's driver's license to the

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department along with the notice of intent to suspend or disqualify and the report required by subsection (c) or (d) of this Code section within ten days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary driving permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the report required by this Code section within ten days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section." "(g)(1) A person whose driver's license is suspended or who is disqualified from driving a commercial motor vehicle pursuant to this Code section shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within 30 days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded." "(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the 30 days specified in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary driving permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made.
(4)(A) Except as where provided to the contrary in subparagraph (B) of this paragraph, in the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the department to the licensee.

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(B)(i) If any person who has obtained an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 is acquitted of the violation of Code Section 40-6-391 upon which the underlying driver's license suspension was based or if such charge is initially disposed of other than by a conviction or plea of nolo contendere, then such permit shall be revoked and the driver's license shall be reinstated without a fee. The department shall terminate the driver's license suspension of any such person and shall delete the suspension from the driver's license record. (ii) Any person who has obtained an ignition interlock device limited driving permit under paragraph (2) of subsection (a) of Code Section 40-5-64.1 shall maintain such permit for the required term of monitoring under Code Section 42-8-110.1, regardless of whether such person is acquitted of the violation of Code Section 40-6-391 upon which the underlying driver's license suspension was based or such charge is initially disposed of other than by a conviction or plea of nolo contendere."

SECTION 1-5. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation, is amended in Code Section 42-8-110, relating to definitions, by revising subsection (b) as follows:
"(b) As used in this article, the term 'provider center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court or as required in order to maintain an ignition interlock device limited driving permit in accordance with Code Section 40-5-64.1."

SECTION 1-6. Said article is further amended by adding a new Code section to read as follows:
"42-8-110.1. (a)(1) Any person issued an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than four months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. (2) Any person issued an ignition interlock device limited driving permit under paragraph (2) of subsection (a) of Code Section 40-5-64.1 shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than 12 months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period.
(b) The restriction for maintaining and using an ignition interlock device shall be cancelled by the department upon payment to the department of a $100.00 fee or $90.00 when such

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fee is processed by mail and upon successful completion of the term of monitoring on an ignition interlock device required under subsection (a) of this Code section. (c) Any ignition interlock device limited driving permit issued shall bear a restriction reflecting that the person shall only operate a motor vehicle equipped with a functioning, certified ignition interlock device. (d) The fee for issuance of an ignition interlock device limited driving permit shall be as prescribed in Code Section 40-5-64.1."

SECTION 1-7. Said article is further amended in Code Section 42-8-111, relating to court issuance of certificate for installation of ignition interlock devices, exceptions, and fees, by revising subsections (a), (d), and (e) as follows:
"(a) Upon a second or subsequent conviction of a resident of this state for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which such person is granted probation, the court shall issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license, subject to the following conditions:
(1) Such person shall have installed and shall maintain in each motor vehicle registered in such person's name for a period of not less than one year a functioning, certified ignition interlock device; (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person for a period of not less than one year a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of two months as provided in subsection (d) of Code Section 40-5-64.1; and (3) Such person shall participate in a substance abuse treatment program as defined in paragraph (16.2) of Code Section 40-5-1, a drug court division in compliance with Code Section 15-1-15, a mental health court division in compliance with Code Section 15-1-16, or a veterans court division in compliance with Code Section 15-1-17 for a period of not less than 120 days. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the laws of any other state or territory of the United States which, if committed in this state, would be a violation of Code Section 40-6-391 shall be deemed a conviction of violating such Code section." "(d) Except as provided in Code Sections 42-8-110.1 and 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law.

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(e) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be as prescribed for a regular driver's license in Code Section 40-5-25, and the fee for issuance of any limited driving permit indicating that use of an ignition interlock device is required shall be as prescribed in Code Section 40-5-64.1; except that, for habitual violators required to use an ignition interlock device as a condition of a probationary license, the fee shall be as prescribed for a probationary license in Code Section 40-5-58."

SECTION 1-8. Said article is further amended in Code Section 42-8-112, relating to timing for issuance of ignition interlock device limited driving permit and documentation and reporting requirements, by revising paragraph (1) of subsection (d) as follows:
"(d)(1) An ignition interlock provider shall notify the Department of Driver Services if a person required by subsection (c) of this Code section fails to report to the provider as required, receives an unsatisfactory report from the provider, or requests the provider remove the ignition interlock device at any time during the ignition interlock device limited driving permit period, and the Department of Driver Services shall revoke such person's permit immediately upon receipt of such notification. Except as provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the Department of Driver Services a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Driver Services shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded."

PART II SECTION 2-1.

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-22, relating to minimum ages for licenses and limited driving permits, by revising subsection (d) as follows:
"(d) The department is authorized to issue a limited driving permit to an applicant whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter, provided that the applicant is otherwise eligible for such limited driving permit in accordance with subsection (a) of Code Section 40-5-64 and paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1."

SECTION 2-2. Said chapter is further amended in Code Section 40-5-39, relating to endorsements on licenses of limousine chauffeurs, by revising paragraph (2) of subsection (b) as follows:

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"(2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64 or 40-5-64.1;"

SECTION 2-3. Said chapter is further amended in Code Section 40-5-63, relating to periods of suspension and conditions for return of a license, by revising paragraph (2) of subsection (a) as follows:
"(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be 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 40-5-64.1 unless waived due to financial hardship, and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or"

SECTION 2-4. Said chapter is further amended in Code Section 40-5-66, relating to appeals from decisions of the department, by revising subsection (a) as follows:
"(a) Except as provided in subsection (h) of Code Section 40-5-67.1, subsection (h) of Code Section 40-5-64, and subsection (g) of Code Section 40-5-64.1, any decision rendered

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by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance."

SECTION 2-5. Said chapter is further amended in Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, by revising subsection (d) as follows:
"(d) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 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, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit or an ignition interlock device limited driving permit as provided in Code Sections 40-5-64 and 40-5-64.1."

SECTION 2-6. Said chapter is further amended in Code Section 40-5-76, relating to judicial restoration of a driver's license or issuance of a limited driving permit, by revising subsection (a) as follows:
"(a) A judge presiding in an accountability court, as such term is defined in Code Section 15-1-18, may order the department to reinstate a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, issue a defendant an ignition interlock device limited driving permit in accordance with Code Section 40-5-64.1, 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."

PART III SECTION 3-1.

This Act shall become effective on July 1, 2017.

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

Approved April 26, 2016.

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SOCIAL SERVICES DEPARTMENT OF HUMAN SERVICES; WEBSITE INFORMATION AND ACCESS FOR KINSHIP CAREGIVERS; KINSHIP CARE ENFORCEMENT ADMINISTRATOR; ELIGIBILITY AND PRIORITY OF DEPENDENTS OF MILITARY SERVICE MEMBER FOR MEDICAL ASSISTANCE AND DEVELOPMENTAL DISABILITY SERVICES.

No. 409 (House Bill No. 962).

AN ACT

To amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to social services, so as to authorize the Department of Human Services to provide a separate link or portal on its website providing kinship caregivers with information and access necessary to apply for public assistance benefits; to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, so as to provide for the creation, appointment, and duties of a kinship care enforcement administrator; 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 require the Department of Community Health to provide that certain dependents of a military service member shall maintain eligibility and priority for certain medical assistance and developmental disability services under certain conditions; to require the department to request a waiver if necessary to implement such provision; to provide that such provision shall only apply to the fullest extent permissible to remain in compliance with certain federal laws, rules, and regulations; 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:

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PART I SECTION 1-1.

Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to social services, is amended by adding a new Code section to read as follows:
"49-1-8. (a) As used in this Code section, the term:
(1) 'Basic necessities' means water, electricity, gas, power, light, heat, telephone, or other public utility services. (2) 'Child' means any person under 18 years of age. (3) 'Kinship caregiver' means a grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling, or close family friend of a child who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the parents of such child losing or abdicating the ability to care for or provide basic necessities for such child. (4) 'Parents' means the legal father and the legal mother of a child. (b) The department shall have the authority to provide and shall take all necessary steps to so provide a separate link or portal on its website which provides access to social services that are specific to kinship caregivers and the children in their care. Such link or portal shall provide specific information and access for applying for public assistance benefits in this state as a kinship caregiver and on behalf of children in the care of a kinship caregiver."

PART II SECTION 2-1.

Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, is amended by adding a new subsection to Code Section 49-2-1, relating to department created, transfer of powers, functions, and duties of Department of Human Resources to Department of Human Services, creation, appointment, removal, and duties of commissioner of human services, to read as follows:
"(c)(1) As used in this subsection, the term: (A) 'Fictive kin' shall have the same meaning as set forth in Code Section 15-11-2. (B) 'Kinship caregiver' means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child.
(2) There is created the position of kinship care enforcement administrator within the Department of Human Services who shall be appointed by and serve at the discretion of the commissioner of human services. The kinship care enforcement administrator shall

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account for, monitor, facilitate, and ensure compliance with all laws, rules, and regulations of the federal government and this state which relate to any programs, including, but not limited to, any pilot programs, subsidies, or benefits, available to kinship caregivers or the children within their care."

PART III SECTION 3-1.

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:
"49-4-158. (a) As used in this Code section, the term:
(1) 'Dependent' means a spouse, birth child, adopted child, or stepchild of a military service member. (2) 'Legal resident' means a person who maintains Georgia as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return. (3) 'Military service' means service in the armed forces or armed forces reserves of the United States, or membership in the Georgia National Guard. (4) 'Military service member' means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation. (b) The department shall allow legal residents who are dependents of a military service member and who are absent from this state due to the member's military service to be added to a data base to indicate the need for medical assistance upon return to this state. Should a dependent in such a situation be selected from a data base to receive medical assistance, the dependent shall have six months from the date of the selection notification to apply for such assistance and another six months to commence using such assistance. In the event a dependent is receiving medical assistance funded by the department and the medical assistance is disrupted due to the military service member's need for the dependent to leave Georgia because of such military service member's military service, the medical assistance shall be resumed upon the dependent's return to Georgia if the dependent is otherwise eligible. In no case shall payment be made for home and community based services provided outside this state. A dependent of a military service member shall be required to provide the department with: (1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and (2) Proof of the military service member's legal residence in this state, as prescribed by the department. (c) A dependent who is a legal resident of this state, having previously been determined to be eligible for developmental disability services provided by the department, including

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waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of this state, regardless of having left this state due to the military service member's military assignment outside this state, as long as he or she is otherwise eligible for such services. (d) The department shall permit a dependent who resides outside this state to be placed on a waiting list for developmental disabilities services if the dependent left this state due to the military service member's military assignment outside this state, is otherwise eligible for those services, and furnishes:
(1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and (2) Proof of the military service member's legal residence in this state, as prescribed by the department. (e) For dependents who received developmental disability services and who left this state due to the military service member's military assignment outside this state, upon the dependent's return to this state and when a request for services is made, the department shall: (1) Determine the dependent's eligibility for services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act; (2) Provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services if applicable; (3) Provide the dependent an opportunity to contest the department's determination through the appeals processes established by the department; and (4) Resume services if the dependent remains eligible. (f) As a condition of continued eligibility for services under subsection (e) of this Code section, a dependent must inform the department of his or her current address and provide updates as requested by the department. (g) No payment pursuant to this Code section shall be made for developmental disability services authorized under this chapter and provided outside this state unless those services satisfy the conditions specified in 42 CFR 431.52. No payment pursuant to this Code section shall be made for home and community based services provided outside this state. (h) The department shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this Code section. (i) The department may adopt rules and regulations necessary to implement the provisions of this Code section. (j) This Code section shall only apply to the fullest extent permissible for Georgia to remain in compliance with all federal laws, rules, and regulations associated with the services provided in this chapter."

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PART IV SECTION 4-1.

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

Approved April 26, 2016.

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APPEAL AND ERROR CIVIL PRACTICE TORTS JUDGMENTS DIRECTLY APPEALABLE; CLAIMS AGAINST PERSON OR ENTITY WHICH ARISE FROM ACT IN FURTHER OF FREE SPEECH OR REDRESS OF GRIEVANCES.

No. 420 (House Bill No. 513).

AN ACT

To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to revise provisions regarding those judgments and rulings deemed directly appealable; to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, so as to revise provisions regarding the procedure for claims asserted against a person or entity arising from an act by that person or entity which could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances; to revise definitions; to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to revise a cross-reference; 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 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases involving a capital offense for which death penalty is sought, and appeals involving nonmonetary judgments in child custody cases, as follows:
"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and

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such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (6) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-173; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; (10) All judgments or orders entered pursuant to subsection (c) of Code Section 17-10-6.2; (11) All judgments or orders in child custody cases awarding, refusing to change, or modifying child custody or holding or declining to hold persons in contempt of such child custody judgment or orders; (12) All judgments or orders entered pursuant to Code Section 35-3-37; and (13) All judgments or orders entered pursuant to Code Section 9-11-11.1."

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 revising Code Section 9-11-11.1, relating to exercise of rights of freedom of speech and to petition government for redress of grievances, legislative findings, verification of claims, definitions, procedure on motions, exception, and fees and expenses, as follows:
"9-11-11.1. (a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance and public interest through the exercise of their constitutional rights of petition and freedom of speech. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of petition and freedom of speech should not be chilled through abuse of the judicial process. To accomplish the declarations provided for under this subsection, this Code section shall be construed broadly.

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(b)(1) A claim for relief against a person or entity arising from any act of such person or entity which could reasonably be construed as an act in furtherance of the person's or entity's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern shall be subject to a motion to strike unless the court determines that the nonmoving party has established that there is a probability that the nonmoving party will prevail on the claim. (2) In making the determination as provided for in paragraph (1) of this subsection, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based; provided, however, that if there exists a claim that the nonmoving party is a public figure plaintiff, then the nonmoving party shall be entitled to discovery on the sole issue of actual malice whenever actual malice is relevant to the court's determination under paragraph (1) of this subsection. (3) If the court determines that the nonmoving party under paragraph (1) of this subsection has established a probability that he or she would prevail on the claim, neither that determination nor the fact of such determination shall be admissible in evidence at any later stage of the case or in any subsequent action and no burden or proof or degree of proof otherwise applicable shall be affected by such determination in any later stage of the case or in any subsequent proceeding. (b.1) In any action subject to subsection (b) of this Code section, a prevailing moving party on a motion to strike shall be granted the recovery of attorney's fees and expenses of litigation related to the action in an amount to be determined by the court based on the facts and circumstances of the case. If the court finds that a motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award attorney's fees and expenses of litigation to the nonmoving party prevailing on the motion for the attorney's fees and expenses of litigation associated with the motion in an amount to be determined by the court based on the facts and circumstances of the case. (c) As used in this Code section, the term 'act in furtherance of the person's or entity's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern' shall include: (1) Any written or oral statement or writing or petition made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; (2) Any written or oral statement or writing or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; (3) Any written or oral statement or writing or petition made in a place open to the public or a public forum in connection with an issue of public interest or concern; or (4) Any other conduct in furtherance of the exercise of the constitutional right of petition or free speech in connection with a public issue or an issue of public concern. (d) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of

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this Code section until a final decision on the motion. The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection. (e) An order granting or denying a motion to dismiss or a motion to strike shall be subject to direct appeal in accordance with subsection (a) of Code Section 5-6-34. (f) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule. (g) This Code section shall not apply to any action brought by the Attorney General or a prosecuting attorney, or a city attorney acting as a prosecutor, to enforce laws aimed at public protection. (h) Attorney's fees and expenses of litigation under this Code section shall be requested by motion at any time during the course of the action but not later than 45 days after the final disposition, including but not limited to dismissal by the plaintiff, of the action."

SECTION 3. Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended in Code Section 51-5-7, relating to privileged communications, by revising paragraph (4) as follows:
"(4) Statements made in good faith as part of an act in furtherance of the person's or entity's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, as defined in subsection (c) of Code Section 9-11-11.1;"

SECTION 4. This Act shall become effective on July 1, 2016.

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

Approved April 26, 2016.

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HEALTH PROFESSIONS GEORGIA RIGHT TO TRY ACT.

No. 422 (House Bill No. 34).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Right to Try Act"; to provide for investigational drugs, biological products, and devices for patients with terminal illnesses; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for eligibility criteria; to provide for written informed consent; to allow manufacturers to make such drugs available; to provide that health benefit coverage is not mandatory; to prohibit sanctions against a physician's license; to prohibit blocking access; to provide for statutory construction; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to repeal a provision regarding access to medical treatment and experimental and nonconventional medical treatments; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

"CHAPTER 52

31-52-1. This chapter shall be known and may be cited as the 'Georgia Right to Try Act.'

31-52-2. (a) The General Assembly finds and declares that:
(1) The process of approval for investigational drugs, biological products, and devices in the United States protects future patients from premature, ineffective, and unsafe medications and treatments over the long run, but the process often takes many years; (2) Patients who have terminal illnesses do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval from the federal Food and Drug Administration; (3) Patients who have terminal illnesses have a fundamental right to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices;

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(4) The use of available investigational drugs, biological products, and devices is a decision that should be made by a patient with a terminal illness in consultation with the patient's health care provider; and (5) The decision to use an investigational drug, biological product, or device should be made with full awareness by the patient and the patient's family of the potential risks, benefits, and consequences. (b) It is the intent of the General Assembly to allow for patients with terminal illnesses to use potentially life-saving investigational drugs, biological products, and devices.

31-52-3. As used in this chapter, the term:
(1) 'Eligible patient' means a person who meets the requirements of Code Section 31-52-4. (2) 'Investigational drug, biological product, or device' means a drug, biological product, or device which has successfully completed Phase I of a federal Food and Drug Administration approved clinical trial but has not yet been approved for general use by the federal Food and Drug Administration and currently remains under investigation in a federal Food and Drug Administration approved clinical trial. (3) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43. (4) 'Terminal illness' means a disease that, without life-sustaining procedures, will result in death in the near future and is not considered by a treating physician to be reversible even with administration of current federal Food and Drug Administration approved and available treatments. (5) 'Written informed consent' means a written document that:
(A) Is signed by the patient; parent, if the patient is a minor; legal guardian; or health care agent designated by the patient in an advance directive for health care executed pursuant to Chapter 32 of Title 31; (B) Is attested to by the patient's physician and a witness; and (C) Meets the requirements of Code Section 31-52-5.

31-52-4. In order for a person to be considered an eligible patient to access an investigational drug, biological product, or device pursuant to this chapter, a physician must document in writing that the person:
(1) Has a terminal illness; (2) Has, in consultation with the physician, considered all other treatment options currently approved by the federal Food and Drug Administration; (3) Has been given a recommendation by the physician for an investigational drug, biological product, or device; and

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(4) Has given written informed consent for the use of the investigational drug, biological product, or device.

31-52-5. Written informed consent shall, at a minimum, include the following:
(1) A description of the currently approved products and treatments for the terminal illness from which the patient suffers; (2) An attestation that the patient concurs with his or her physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life; and the known risks of the investigational drug, biological product, or device are not greater than the probable outcome of the patient's terminal illness; (3) Clear identification of the specific proposed investigational drug, biological product, or device that the patient is seeking to use; (4) A description of the potential best and worst outcomes of using the investigational drug, biological product, or device and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition; (5) A statement that the patient understands that his or her health benefit plan is not obligated to pay for the investigational drug, biological product, or device, or any care or treatment consequent to the use of such drug, product, or device, unless such health benefit plan is specifically required to do so by law or contract; (6) A statement that the patient understands that his or her eligibility for hospice care may be withdrawn if he or she begins treatment with the investigational drug, biological product, or device but that such hospice care may be reinstated if such treatment ends and he or she meets hospice eligibility requirements; and (7) A statement that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device and that such liability extends to the patient's estate, unless a contract between the patient and the manufacturer of the investigational drug, biological product, or device states otherwise.

31-52-6. (a) A manufacturer of an investigational drug, biological product, or device may make available and an eligible patient may request access to the manufacturer's investigational drug, biological product, or device pursuant to this chapter; provided, however, that nothing in this chapter shall be construed to require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. (b) A manufacturer may provide an investigational drug, biological product, or device to an eligible patient:
(1) Without receiving compensation; or

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(2) With the requirement that the eligible patient pays the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.

31-52-7. A health benefit plan or governmental agency may provide coverage for the cost of any investigational drug, biological product, or device pursuant to this chapter; provided, however, that nothing in this chapter shall be construed to require a health benefit plan or governmental agency to provide coverage for the cost of any investigational drug, biological product, or device pursuant to this chapter.

31-52-8. The Georgia Composite Medical Board shall not revoke, suspend, sanction, fail to renew, or take any other action against a physician's license solely based on such physician's recommendation, prescription, or treatment of an eligible patient with an investigational drug, biological product, or device pursuant to this chapter.

31-52-9. No official, employee, or agent of the state shall block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation for treatment consistent with medical standards of care shall not be construed as a violation of this Code section.

31-52-10. (a) This chapter shall not be construed to create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using an investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and has exercised reasonable care. (a.1) This chapter shall not be construed to create a private cause of action against a physician who refuses to recommend an investigational drug, biological product, or device for any otherwise eligible patient. (b) Any person or entity providing treatment to an eligible patient using an investigational drug, biological product, or device shall not be liable for injury or death to such eligible patient as a result of the investigational drug, biological product, or device under Code Section 51-1-27 or 51-4-1, et seq., unless it is shown that the person or entity failed to obtain written informed consent in compliance with Code Section 31-52-5. (c) This chapter shall not be construed to affect any required health care coverage under Title 33 for patients in clinical trials."

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SECTION 2. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, is amended by repealing and reserving Code Section 43-34-38, relating to access to medical treatment and experimental and nonconventional medical treatments.

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

Approved April 26, 2016.

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WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES TAXES AND TAX LIENS.

No. 423 (House Bill No. 547).

AN ACT

To amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change provisions relating to taxes and tax liens; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, is amended by revising Code Section 53-3-4, relating to taxes and tax liens, as follows:
"53-3-4. (a) As used in this Code section, the term 'homestead' shall have the same meaning as set forth in Code Section 48-5-40.
(b)(1) In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the homestead set apart and against any equity of redemption applicable to the homestead set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition shall be divested if the homestead is set apart for year's support.

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(2) In solvent and insolvent estates, if the homestead is not claimed, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the real property set apart and against any equity of redemption applicable to the real property set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition shall be divested if the real property is set apart for year's support."

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

Approved April 26, 2016.

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COURTS REPORTING OF STATISTICS REGARDING JUVENILES SEEKING ABORTIONS WITHOUT PARENTAL NOTICE.

No. 424 (House Bill No. 555).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the reporting of certain statistics regarding juveniles seeking abortions without parental notice; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-11-64, relating to collection of information by juvenile court clerks, by designating the existing text as subsection (a) and adding a new subsection to read as follows:
"(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts the total number of petitions or motions filed under subsection (b) of Code Section 15-11-682 for the previous calendar year and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification,

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the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of appeals that resulted in denials being affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk shall make such report by March 15 of each year for the previous calendar year. The individual reports made to the Administrative Office of the Courts shall be held confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to open records. The Administrative Office of the Courts shall provide aggregated statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such individual reports shall be destroyed six months after submission to the Administrative Office of the Courts."

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

Approved April 26, 2016.

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MOTOR VEHICLES AND TRAFFIC OPERATION OF CERTAIN VEHICLES ON ROADS FOR AGRICULTURAL OR SILVICULTURAL PURPOSES.

No. 425 (House Bill No. 579).

AN ACT

To amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles with regard to uniform rules of the road, so as to permit the operation of certain vehicles on roads when used for agricultural or silvicultural purposes; to provide for restrictions and limitations; to provide for local restrictions; 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 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles with regard to uniform rules of the road, is amended by adding a new part to read as follows:

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"Part 1A

40-6-305. (a) As used in this part, the term:
(1) 'Farmer' means the owner of a commercial agricultural or silvicultural operation or an employee thereof. Such term shall also include any spouse, child, sibling, parent, grandparent, or grandchild of the owner of such operation. (2) 'Farm use vehicle' means an all-terrain vehicle or personal transportation vehicle. (b) A farmer who is 16 years of age or older may operate a farm use vehicle on any public road or highway of this state so long as: (1) Such vehicle has a properly affixed emblem conforming to the requirements of Code Section 40-8-4; and (2) Such vehicle is actively being operated by such farmer to transport:
(A) Agricultural products, livestock, farm machinery, or farm supplies to or from a farm; or (B) Such farmer between his or her residence and the farm at which he or she works or between properties of such farm.

40-6-306. Every person operating a farm use vehicle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to the provisions of this chapter which by their nature can have no application.

40-6-307. Any municipality may prohibit or limit the operation of farm use vehicles on public roads and highways within its jurisdiction if it is determined that such operation endangers the safety of the traveling public."

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

Approved April 26, 2016.

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RETIREMENT AND PENSIONS GEORGIA JUDICIAL RETIREMENT SYSTEM; USE OF PRIOR PART-TIME
SERVICE FOR VESTING.

No. 426 (House Bill No. 605).

AN ACT

To amend Code Section 47-23-63 of the Official Code of Georgia Annotated, relating to definition and effect of full-time and part-time service and calculations, so as to provide that a member of the Georgia Judicial Retirement System who was serving in a full-time position on his or her retirement may use prior part-time service for vesting; 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 47-23-63 of the Official Code of Georgia Annotated, relating to definition and effect of full-time and part-time service and calculations, is amended by revising subsection (c) as follows:
"(c) Any member who on the effective date of his or her retirement was serving in a full-time position shall be entitled to use any prior part-time service for vesting for benefits and shall be entitled to use such prior service for the calculation of benefits on the basis of a ratio determined by dividing the average monthly compensation for the 24 consecutive month period producing the highest such average during the part-time service by the average monthly salary during the 24 consecutive month period producing the highest such average during the full-time service. The resultant percentage will be multiplied by the total part-time service and the result added to the total full-time service, resulting in the total service to be used in all benefit calculations."

SECTION 2. This Act shall become effective on July 1, 2016, 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, 2016, 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 26, 2016.

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RETIREMENT AND PENSIONS JUDGES OF THE PROBATE COURTS RETIREMENT FUND; INCREASE YEARS OF MANDATORY CONTRIBUTIONS; INCREASE MAXIMUM NUMBER OF YEARS TO CALCULATE BENEFITS; CREDITABLE SERVICE.

No. 427 (House Bill No. 635).

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, so as to increase the number of years of mandatory contribution to such fund; to increase the maximum number of years used to calculate benefits; to provide for certain creditable service; to provide for application and payment of funds; 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 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund, is amended in Code Section 47-11-40, relating to eligibility to participate, credit for service rendered, and requirements for judges to participate, by revising paragraph (7) as follows:
"(7) As to judges of the probate courts or employees of the board, file with the board for each month subsequent to admission as a member by the close of business of the twentieth day of each month the sum certain of $105.00; provided, however, that the requirement for such dues shall cease after the member has paid such dues for a period of 30 years; and"

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"47-11-43. Any member who is active on July 1, 2016, may obtain creditable service for any service in excess of 20 years as judge of the probate court, employee of the board, or secretary-treasurer, but not more than the actual number of years of service or 30 years, whichever is less. Any such member shall make application in such form and manner as the board deems appropriate and shall pay to the board an amount determined by the board to be sufficient to cover the full actuarial cost of granting the creditable service as provided

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in this Code section. Any such application and payment must be received not later than December 31, 2016."

SECTION 3. Said chapter is further amended by revising 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, as follows:
"47-11-71. (a)(1) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 prior to July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's average monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in Code Section 47-11-40, for each year served by the judge or employee up to, but not exceeding, a total of 30 years, except as provided in subsection (c) of this Code section. No time prior to December 22, 1953, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such judge of the probate court for purposes of determining retirement pay and no time prior to January 1, 1990, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such employee of the board for purposes of determining retirement pay. (2) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 on or after July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's final monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in subparagraph (G) of paragraph (5) of Code Section 47-11-40, for each year served by the judge or employee up to, but not exceeding, a total of 30 years. No time for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service. (b)(1) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the designated survivor, which benefit shall be based on the judge's or employee's age at retirement and the age of the judge's or employee's designated survivor at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. A member who is unmarried at the time of such election may designate a survivor at the time of making such election. If a member is married at the time of such election, his or her spouse shall be the designated survivor

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unless another person is so designated with the written agreement of the spouse. In any event, the designated survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 1/2 percent interest. The spouse designated at the time of the judge's or employee's retirement shall be the only spouse who may draw these benefits. (2) If a member elects the option provided in paragraph (1) of this subsection, then, after the approval of the application for retirement, the following provisions apply:
(A) If the member's designated survivor shall predecease the member, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable to him had such option not been exercised; (B) If there is entered a final judgment of complete divorce between the member and the member's spouse who is the designated survivor, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable had such option not been exercised; and (C) If, following the death of the member's spouse or the entry of a final judgment of divorce between the member and the member's spouse who is the designated survivor, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect such option with respect to the member's new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. (c) Any provision of this chapter to the contrary notwithstanding, any judge of the probate court, employee of the board, and any secretary-treasurer of the fund who has served for a total of 30 years as judge of the probate court, employee of the board, or secretary-treasurer, or a combination of such service, and who has contributed all dues owed to the fund as provided in this chapter but who is not eligible upon retirement to receive the maximum retirement benefits provided for in this chapter shall be entitled to continue to contribute dues to the fund or, in the case of the secretary-treasurer, to continue to receive credit during such period of time as the judge, employee, or secretary-treasurer shall continue to serve as a judge of the probate court, employee of the board, or secretary-treasurer beyond 30 years of service. The average monthly net earnings of any such judge of the probate court, employee of the board, or secretary-treasurer retiring prior to July 1, 1996, shall be added to the total monthly net earnings of such judge of the

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probate court, employee of the board, or secretary-treasurer during the 30 year period of service. The sum of these two amounts shall then be divided by 360, and the result of such division shall then be used as the average monthly net earnings upon which retirement benefits shall be calculated; provided, however, such average monthly net earnings shall not exceed the limitations specified in subsection (b) of Code Section 47-11-21 and in Code Section 47-11-40. (d) The calculation of benefits under this Code section shall apply to persons who were receiving benefits pursuant to the provisions of this chapter prior to July 1, 1988, as well as to persons who become eligible to receive benefits on or after that date. Effective July 1, 1988, the monthly benefit of each person who was receiving a benefit prior to that date shall be increased in the amount necessary to comply with the requirements of this subsection."

SECTION 4. This Act shall become effective on July 1, 2016, 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, 2016, 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 26, 2016.

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PROFESSIONS AND BUSINESSES GEORGIA LACTATION CONSULTANT PRACTICE ACT.

No. 429 (House Bill No. 649).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require licensure of lactation consultants; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for an advisory group; to provide for licensure application and qualifications; to provide for license renewal and revocation; to provide for sanctions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:

"CHAPTER 22A

43-22A-1. This chapter shall be known and may be cited as the 'Georgia Lactation Consultant Practice Act.'

43-22A-2. The General Assembly acknowledges that the application of specific knowledge and skills relating to breastfeeding is important to the health of mothers and babies and acknowledges further that the rendering of sound lactation care and services in hospitals, physician practices, private homes, and other settings requires trained and competent professionals. It is declared, therefore, to be the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in lactation care and services.

43-22A-3. As used in this chapter, the term:
(1) 'Advisory group' means the group appointed pursuant to Code Section 43-22A-4. (2) 'Applicant' means any person seeking a license under this chapter. (3) 'International Board Certified Lactation Consultant (IBCLC)' means a person who holds current certification from the International Board of Lactation Consultant Examiners (IBLCE) after demonstrating the appropriate education, knowledge, and experience necessary for independent clinical practice. (4) 'International Board of Lactation Consultant Examiners (IBLCE)' means the international organization that certifies IBCLCs and is independently accredited by the National Commission of Certifying Agencies. (5) 'Lactation care and services' means the clinical application of scientific principles and a multidisciplinary body of evidence for evaluation, problem identification, treatment, education, and consultation to childbearing families regarding lactation care and services. Lactation care and services shall include, but not be limited to:
(A) Lactation assessment through the systematic collection of subjective and objective data; (B) Analysis of data and creation of a lactation care plan; (C) Implementation of a lactation care plan with demonstration and instruction to parents and communication to the primary health care provider;

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(D) Evaluation of outcomes; (E) Provision of lactation education to parents and health care providers; and (F) The recommendation and use of assistive devices. (6) 'Lactation consultant' means: (A) A person duly licensed under this chapter to practice lactation care and services; or (B) A health care professional duly licensed pursuant to such health care professional's licensing requirements to perform lactation care and services who is also an IBCLC in good standing with the IBLCE, or its successor organization; provided, however, that such health care professional shall not be deemed to be licensed under this chapter nor be entitled to use the title 'licensed lactation consultant' or 'licensed L.C.' without having met the requirements of Code Section 43-22A-7. (7) 'License' means a license to practice as a lactation consultant pursuant to this chapter. (8) 'Office' means the office of the Secretary of State. (9) 'Practice' means rendering or offering to render any lactation care and services to any individual, family, or group of individuals. (10) 'Secretary' means the Secretary of State or his or her designee.

43-22A-4. (a) There is created within the office a Lactation Consultant Advisory Group which shall consist of five members. (b) The Secretary shall appoint all members of the advisory group. The advisory group shall consist of persons familiar with the practice of lactation care and services to provide the Secretary with expertise and assistance in carrying out his or her duties pursuant to this chapter. (c) The Secretary shall appoint members of the advisory group to serve for terms of four years. The Secretary shall appoint four members who are lactation consultants in this state and one member who is a consumer. (d) Members shall serve without compensation. (e) Members may serve consecutive terms at the will of the Secretary. Any vacancy shall be filled in the same manner as the regular appointments. The Secretary may remove members of the advisory group for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.

43-22A-5. (a) The advisory group shall meet at least once per year or as otherwise called by the Secretary. (b) The Secretary shall consult with the advisory group prior to setting or changing fees as provided for in this chapter.

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(c) The advisory group may facilitate the development of materials that the Secretary may utilize to educate the public concerning lactation consultant licensure, the benefits of lactation care and services, and utilization of lactation care and services by individuals and in facilities or institutional settings. (d) The advisory group may act as a facilitator of state-wide dissemination of information between lactation consultants, the International Board of Lactation Consultant Examiners or its successor organization, and the Secretary. (e) The advisory group shall provide analysis of disciplinary actions taken, appeals and denials, and revocation of licenses at least once per year. (f) The Secretary shall seek the advice of the advisory group for issues related to lactation care and services.

43-22A-6. The Secretary may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1) Holds a valid license to practice lactation care and services issued by another state, political territory, or jurisdiction acceptable to the Secretary if, in the Secretary's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or (2) Presents evidence satisfactory to the Secretary that the applicant is an IBCLC in good standing with the IBLCE, or its successor organization.

43-22A-7. Except as provided in paragraph (4) of this Code section, each applicant for a license as a lactation consultant shall be at least 18 years of age, shall have submitted a completed application upon a form and in such manner as the Secretary prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements:
(1) Meeting the international education and clinical standards established for IBCLCs by the IBLCE, or its successor organization; (2) Providing proof of successful completion of the IBLCE examination or the examination of any successor organization; (3) Having satisfactory results from a criminal background check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the Secretary. Application for a license under this Code section shall constitute express consent and authorization for the Secretary to perform a criminal background check. Each applicant who submits an application to the Secretary for licensure agrees to provide the Secretary with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and (4) Completing such other requirements as may be prescribed by the Secretary.

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43-22A-8. After evaluation of an application and other evidence submitted, the Secretary shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.

43-22A-9. (a) A license issued by the Secretary is the property of the Secretary and must be surrendered on demand. (b) The licensee shall display the license in an appropriate and public manner. (c) The licensee shall inform the Secretary of any change of address. (d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the Secretary. (e) Each person licensed under this chapter is responsible for renewing his or her license before the expiration date. (f) Under procedures and conditions established by the Secretary, a licensee may request that his or her license be declared inactive. The licensee may apply for active status at any time, and upon meeting the conditions set by the Secretary, such license shall be declared active.

43-22A-10. The Secretary, in consultation with the advisory group, may impose on a licensed lactation consultant any sanction authorized under subsection (c) of Code Section 43-22A-12 upon a finding of any conduct specified in subsection (a) of Code Section 43-22A-12.

43-22A-11. On and after July 1, 2018, no person without a license as a lactation consultant issued pursuant to this chapter shall use the title 'licensed lactation consultant' or 'licensed L.C.' or practice lactation care and services, provided that this chapter shall not prohibit any practice of lactation care and services that is exempt pursuant to the provisions set forth in Code Section 43-22A-13.

43-22A-12. (a) The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee or applicant:
(1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; (2) Has been convicted of a felony or of any crime involving moral turpitude as provided under state law;

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(3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under such licensee's care; (4) Has had a license to practice a business or profession suspended or revoked or has otherwise been subject to discipline related to such licensee's practice of a business or profession in any other jurisdiction; (5) Has committed a fraudulent act that materially affects the fitness of the licensee or applicant to practice a business or profession; (6) Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline a licensee under this paragraph if such licensee is enrolled in a substance abuse program approved by the office; or (7) Has a physical or mental disability that renders such licensee incapable of safely administering lactation care and services. (b) The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section. (c) In addition to revoking, suspending, denying, or refusing to renew a license, the Secretary may fine a licensee found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $500.00 for each violation. (d) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the Secretary and the provisions of this chapter.

43-22A-13. Nothing in this chapter shall be construed to affect or prevent:
(1) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chiropractic, nursing, physician assistant, or dietetics from engaging in the practice of lactation care and services when incidental to the practice of their profession, except such persons shall not use the title 'licensed lactation consultant' or 'licensed L.C.'; (2) Doulas and perinatal and childbirth educators from performing education functions consistent with the accepted standards of their respective occupations, except such persons shall not use the title 'licensed lactation consultant' or 'licensed L.C.' or designate themselves by any other term or title which implies that such person has the clinical skills and education comparable to a licensed lactation consultant; (3) The practice of lactation care and services by students, interns, or persons preparing for the practice of lactation care and services under the qualified supervision of a lactation consultant or any licensed professional listed in paragraph (1) of this Code section; (4) Employees of the United States government or any bureau, division, or agency thereof from engaging in the practice of lactation care and services within the discharge of the employees' official duties so long as such employees are performing their duties within the recognized confines of a federal installation regardless of whether jurisdiction is solely federal or concurrent;

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(5) Employees of a department, agency, or division of state, county, or local government from engaging in the practice of lactation care and services within the discharge of the employees' official duties, including, but not limited to, peer counselors working within the Special Supplemental Nutrition Program for Women, Infants, and Children; (6) Individual volunteers from providing lactation care and services, provided that:
(A) Such volunteers shall not use the title 'licensed lactation consultant' or 'licensed L.C.,' shall not state that they are licensed to practice lactation care and services, and shall not designate themselves by any other term or title which implies that such volunteers have the clinical skills and education comparable to a licensed lactation consultant; (B) Their volunteer service is performed without fee or other form of compensation, monetary or otherwise, from the individuals or groups served; and (C) Such volunteers receive no form of compensation, monetary or otherwise, except for administrative expenses, such as mileage; (7) A nonresident IBCLC from practicing lactation care and services in this state for five days without licensure or up to 30 days with licensure from another state if the requirements for licensure in such other state are substantially equal to the requirements contained in this chapter; or (8) Other health care related professionals from seeking licensure for their professions."

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

Approved April 26, 2016.

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STATE GOVERNMENT ACCOUNTABILITY, CHANGE MANAGEMENT, AND PROCESS IMPROVEMENT ACT OF 2016.

No. 430 (House Bill No. 676).

AN ACT

To amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, so as to provide for the submission of business cases in certain circumstances; to provide for change management requirements for certain projects; to provide for legislative intent and findings; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Accountability, Change Management, and Process Improvement Act of 2016."

SECTION 2. Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, is amended by revising Code Section 50-29-3, which was previously reserved, as follows:
"50-29-3. (a) The General Assembly finds that:
(1) As Georgia's state government seeks to provide improved service at a lower cost to its citizens and technology continues to play an increased role in service delivery, the pace of change for state agencies, boards, authorities, and commissions will continue to increase; (2) Programs that involve significant expenditures or major changes for large numbers of Georgia residents should each be backed by a strong business case at its launch; (3) Research has consistently shown that projects with effective change management programs are significantly more likely to be successful than projects with little or no change management programs and are significantly more likely to come in on time and on or under budget; and (4) Leading private businesses have grown and regularly utilize change management services to ensure that technological, organizational, and other changes are effectively implemented. (b)(1) All state agencies, boards, authorities, and commissions of the executive branch of state government shall provide a written business case for every information technology project that exceeds $1 million in value. Such business case shall include at a minimum:
(A) A description of the business need for the project; (B) A budget for the project; (C) An estimate of its operational impacts; (D) A scan of available options to meet the business need; (E) An outline of the benefits of a successful implementation to the citizens of Georgia and an outline with time frames of anticipated benefits; (F) An analysis of the risks of not acting and how the proposed solutions will mitigate those risks; and (G) An assessment of business process improvement, the need for process improvement, and corresponding change management. (2) Written business cases for covered projects shall be provided to the Georgia Technology Authority at least 30 days prior to the request of any state funds or the

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issuance of any procurement documents for the project. The Georgia Technology Authority shall consult with the Department of Administrative Services and report to the Governor's Office of Planning and Budget on findings and recommendations. (c)(1) All state agencies, boards, authorities, and commissions of the executive branch of state government shall provide for a change management plan and resources necessary for plan execution for projects that exceed $1 million in value, projects that directly involve two or more state agencies, or service delivery changes in existing programs that significantly change existing business processes. (2) A change management plan and execution shall, at a minimum, incorporate:
(A) A stakeholder analysis covering all impacted parties, including impacted groups, number of stakeholders impacted, type and degree of impact, and like areas and degree of resistance; (B) A change risk assessment; (C) Primary sponsors for the change program; (D) A change management program approach; and (E) A change management work plan for communication, coaching, training, sponsorship, and resistance management. (3) It is the intent of the General Assembly that agencies shall seek best practices with private or public sector experts when appropriate to develop and implement change management plans. Change management consulting may be independent of project implementation. (4) Written change management plans for covered projects shall be delivered to the Governor's Office of Planning and Budget and the Georgia Technology Authority."

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

Approved April 26, 2016.

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RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR CERTAIN LAW ENFORCEMENT OFFICERS.

No. 432 (House Bill No. 690).

AN ACT

To amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain law enforcement officers in the Employees'

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Retirement System of Georgia, so as to provide that certain law enforcement officers may obtain creditable service in such retirement system under certain conditions; to define a certain term; to provide for the payment of the full actuarial value of obtaining such creditable service; to provide for application; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain law enforcement officers in the Employees' Retirement System of Georgia, is amended by adding a new Code section to read as follows:
"47-2-226. (a) As used in this Code section, the term 'law enforcement officer' means any member in service of the Uniform Division of the Department of Public Safety, any conservation ranger of the Department of Natural Resources, any officer or agent of the Georgia Bureau of Investigation, any district attorney investigator who is compensated from state funds pursuant to Code Section 15-18-14.1, and any alcohol and tobacco officer or agent of the Department of Revenue. (b) Any law enforcement officer who, prior to becoming a member of this retirement system, was employed by a local government as a full-time employee, in a position in which he or she was vested with authority to enforce the criminal or traffic laws and 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, shall be eligible to obtain creditable service under this Code section if:
(1) The member was not eligible for a defined benefit or defined contribution retirement or pension plan while employed by the local governing authority other than membership in the Peace Officers' Annuity and Benefit Fund; and (2) The member has been a member of the retirement system for at least ten years. (c) Any member eligible as provided in subsection (b) of this Code section may obtain up to an additional five years of creditable service, not to exceed the actual number of years of service described in subsection (b) of this Code section. In order to obtain such additional creditable service, the member shall: (1) Make application to the board of trustees in such manner and provide such documentation as the board deems appropriate; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section.

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(d) Upon receipt of an application for additional creditable service, the board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (c) of this Code section."

SECTION 2. This Act shall become effective on July 1, 2016, 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, 2016, 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 26, 2016.

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LOCAL GOVERNMENT REMOVAL OF APPOINTED MUNICIPAL COURT JUDGES.

No. 433 (House Bill No. 691).

AN ACT

To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide for the removal of appointed municipal court judges under certain circumstances; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, is amended by revising subsection (a) of Code Section 36-32-2, relating to appointment of judges, as follows:
"(a) Notwithstanding any other provision of this chapter or any general or local Act, the governing authority of each municipal corporation within this state having a municipal court, as provided by the Act incorporating the municipal corporation or any amendments thereto, is authorized to appoint a judge of such court. Any individual appointed as a judge

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under this Code section shall possess such qualifications as set forth in Code Section 36-32-1.1 and shall receive such compensation as shall be fixed by the governing authority of the municipal corporation. Any individual appointed as a judge under this Code section shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.2. Such term shall be memorialized in a written agreement between such individual and the governing authority of the municipal corporation or in an ordinance or a charter. With respect to an individual serving as a municipal court judge in a consolidated government, the local Act shall determine the term of such judge."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"36-32-2.2. (a) As used in this Code section, the term 'judge' means an individual serving as an appointed municipal court judge.
(b)(1) A judge may be removed during his or her term of office by a two-thirds' vote of the entire membership of the governing authority of the municipal corporation for:
(A) Willful misconduct in office; (B) Willful and persistent failure to perform duties; (C) Habitual intemperance; (D) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (E) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character. (2) A municipality may define in its charter further conduct that may lead to a judge's removal. (c) Removal proceedings pursuant to subsection (b) of this Code section may be initiated only by written petition setting forth the grounds for removal of a judge signed by one or more members of the governing authority of the municipal corporation. Upon submission of the petition to remove the judge to such governing authority, the governing authority may consider the petition and determine if the petition relates to and adversely affects the administration of the office of the judge and the rights and interests of the public. If it is determined at a public meeting by a majority vote of the governing authority of the municipal corporation that there is an adverse impact, the judge may be suspended immediately and without further action for up to 60 days pending the final determination pursuant to subsection (e) of this Code section. A judge suspended pursuant to this subsection shall continue to receive the compensation from his or her office until the final determination on the petition or expiration of the suspension. (d) If by the expiration of the suspension period no formal resolution of the petition has been made, the judge shall be reinstated.

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(e) Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the judge against whom such charges have been brought shall be furnished a copy of the charges at least ten days prior to the hearing. At the conclusion of the hearing, the governing authority of the municipal corporation shall determine whether or not to remove the judge from office. The governing authority of the municipal corporation may adopt rules governing the procedures at such hearings, provided that such hearings comport with due process. The right of certiorari from the decision to remove a judge from office shall exist, and such certiorari shall be obtained under the sanction of a judge of the superior court of the circuit in which the governing authority of the municipal corporation is situated. (f) This Code section shall not affect the power and authority of the Judicial Qualifications Commission to discipline, remove, or cause the involuntary retirement of judges. (g) Any vacancy in a judgeship created by the removal of a judge pursuant to this Code section may be temporarily filled by the governing authority of the municipal corporation for a period not longer than 90 days by any individual qualified by law to serve as a municipal court judge. If after the conclusion of the removal proceedings, including the appeal period, there is a vacancy for such judgeship, the governing authority of the municipal corporation may appoint a judge in the same manner as set forth in Code Section 36-32-2. (h) The provisions of this Code section shall expressly supersede any conflicting local law of this state; provided, however, that this Code section shall not apply to a local Act creating a municipal court for a consolidated government."

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

Approved April 26, 2016.

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COMMERCE AND TRADE REQUIRE SOLICITORS TO RECEIVE AFFIRMATIVE ASSENT FOR CONTINUED RECEIPT OF MERCHANDISE AFTER FREE TRAIL BEFORE CHARGING.

No. 434 (House Bill No. 697).

AN ACT

To amend Article 3 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, so as to require solicitors to receive from consumers

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affirmative assent to continued receipt of certain merchandise following a free trial before charging; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, is amended by revising Code Section 10-1-50, relating to regulations regarding the sending of unsolicited merchandise, as follows:
"10-1-50. (a) As used in this Code section, the term 'person' shall have the meaning as provided in Code Section 10-1-2. (b) No person shall, in any manner or by any means, offer for sale goods, wares, or merchandise where the offer includes the voluntary and unsolicited sending of such goods, wares, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares, or merchandise shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation to the sender. (c) No person shall require payment for the continued provision of any goods, wares, or merchandise following the expiration of a trial period during which similar goods, wares, or merchandise were provided free of charge unless the recipient of such goods, wares, or merchandise provides affirmative oral, written, or electronic assent to the continued receipt thereof on a paid basis. In the absence of any such assent, the receipt of any such goods, wares, or merchandise following such trial period shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation to the sender. (d) Any violation of this Code section shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.' Any remedy available under such part shall be available to any recipient under this Code section, and any action by the Attorney General authorized under such part for a violation thereof shall be authorized for a violation of this Code section."

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

Approved April 26, 2016.

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STATE GOVERNMENT EDUCATION EXTEND AUTOMATIC REPEAL DATES FOR SMALL AMOUNT WRITE-OFFS AND NONLAPSING OF REVENUE OF UNIVERSITY SYSTEM OF GEORGIA AND TECHNICAL COLLEGE SYSTEM OF GEORGIA INSTITUTIONS.

No. 436 (House Bill No. 745).

AN ACT

To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to extend automatic repeals of certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; 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.

Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended by revising subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, as follows:
"(b)(1) All state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Technical College System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia or the institution of the Technical College System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of

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Regents of the University System of Georgia or the Technical College System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department. This paragraph shall stand repealed and reserved effective July 1, 2021. (2) On and after July 1, 2021, all state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department."

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PART II SECTION 2-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article 2 of Chapter 3, relating to the University System of Georgia, by revising Code Section 20-3-86, relating to nonlapsing revenue of institutions in the university system, as follows:
"20-3-86. Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. This Code section shall stand repealed on June 30, 2021."

SECTION 2-2. Said title is further amended in Article 2 of Chapter 4, relating to technical and adult education, by revising Code Section 20-4-21.1, relating to nonlapsing revenue of institutions under the Technical College System of Georgia, as follows:
"20-4-21.1. Revenue collected by any or all institutions under the Technical College System of Georgia from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 15 percent of the tuition collected. This Code section shall stand repealed on June 30, 2021."

PART III SECTION 3-1.

This Act shall become effective on June 15, 2016.

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

Approved April 26, 2016.

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MOTOR VEHICLES AND TRAFFIC UPDATE REFERENCE DATE FOR FEDERAL REGULATIONS REGARDING MOTOR CARRIERS AND COMMERCIAL MOTOR VEHICLES.

No. 437 (House Bill No. 747).

AN ACT

To amend Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operation of motor carriers and commercial motor vehicles, so as to update the reference date to federal regulations regarding the safe operation of motor carriers and commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operation of motor carriers and commercial motor vehicles, is amended by revising subsection (a) as follows:
"(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, 2016."

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

Approved April 26, 2016.

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COURTS UNAUTHORIZED PRACTICE OF LAW; EXEMPT CERTAIN ACTIVITIES OF FINANCIAL INSTITUTIONS.

No. 439 (House Bill No. 759).

AN ACT

To amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide that certain activities by financial institutions shall not constitute the unauthorized practice of law; 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 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, is amended by revising Code Section 15-19-52, relating to lawful acts by certain parties that shall not constitute the unauthorized practice of law, as follows:
"15-19-52. Nothing contained in this article shall prevent any corporation, voluntary association, or individual from doing any act or acts set out in Code Section 15-19-50 to which the persons are a party; but, in preparing and filing affidavits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee who is not a duly licensed attorney at law. Moreover, no financial institution, as defined by Code Section 7-1-4, whose deposits are federally insured shall be prohibited from giving any advice to its customers in matters incidental to providing financial services; nor shall any person, firm, or corporation be prohibited from drawing any legal instrument for another person, firm, or corporation, provided it is done without fee and solely at the solicitation and the request and under the direction of the person, firm, or corporation desiring to execute the instrument. Furthermore, a title insurance company may prepare such papers as it thinks proper or necessary in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure the title, where no charge is made by it for the papers."

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

Approved April 26, 2016.

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SOCIAL SERVICES APPOINTMENT OF MEMBERS TO BOARD OF COUNTY DEPARTMENTS OF FAMILY AND CHILDREN SERVICES.

No. 440 (House Bill No. 765).

AN ACT

To amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to the appointment of board members to the county departments of family and children services, so as to provide that appointments may include certain retired individuals; 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 49-3-2 of the Official Code of Georgia Annotated, relating to the appointment of board members to the county departments of family and children services, is amended by revising subsection (a) as follows:
"(a) Each county board shall consist of between five and seven members who shall be appointed by the governing authority of the county. No person serving as a member of a county board on July 1, 2015, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies in such office which occur for any reason, including but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board. In making appointments to the county board of family and children services, the governing authority shall ensure that appointments are reflective of gender, race, ethnic, and age characteristics of the county population. Further, the governing authority shall ensure that all appointments made on or after July 1, 2015, are made from the following categories:
(1) Pediatric health care providers, active or retired; (2) Appropriate school personnel, active or retired; (3) Emergency responders, active or retired; (4) Law enforcement personnel, active or retired; (5) Private child welfare service providers, active or retired; (6) Alumni of the child welfare system; (7) Mental health care providers, active or retired; (8) Former foster parents; and (9) Leaders within the faith-based community, active or retired."

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

Approved April 26, 2016.

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CRIMES AND OFFENSES TRAFFICKING OF PERSONS FOR LABOR OR SEXUAL SERVITUDE; DEFINITIONS; PENALTY; REMOVE DEFENSE.

No. 441 (House Bill No. 770).

AN ACT

To amend Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, so as to provide for and revise defined terms; to change penalty provisions; to remove a potential defense to a charge of trafficking of persons for labor or sexual servitude; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, is amended by revising subsections (a), (d), and (f) and by adding a new subsection to read as follows:
"(a) As used in this Code section, the term: (1) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (2) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any individual, physically restraining or confining any individual, or threatening to physically restrain or confine any individual; (B) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject an individual to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any individual;

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(D) Providing a controlled substance to such individual for the purpose of compelling such individual to engage in labor or sexual servitude against his or her will; or (E) Causing or threatening to cause financial harm to any individual or using financial control over any individual. (3) 'Controlled substance' shall have the same meaning as set forth in Code Section 16-13-21. (4) 'Deception' means: (A) Creating or confirming another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of an individual arising from a pledge by such individual of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing an individual from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (5) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another individual and is induced or obtained by coercion or deception. (6) 'Performance' shall have the same meaning as set forth in Code Section 16-12-100. (7) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (8) 'Sexual servitude' means any sexually explicit conduct or performance involving sexually explicit conduct for which anything of value is directly or indirectly given, promised to, or received by any individual, which conduct is induced or obtained: (A) By coercion or deception; (B) From an individual who is under the age of 18 years; (C) From an individual whom the accused believes to be under the age of 18 years; (D) From an individual who has a developmental disability; or (E) From an individual whom the accused believes to have a developmental disability." "(d) The age of consent for sexual activity or the accused's lack of knowledge of the age or developmental disability of the individual being trafficked shall not constitute a defense in a prosecution for a violation of this Code section." "(f)(1) Except as provided in paragraph (2) of this subsection, any person who commits the offense of trafficking an individual for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years and a fine not to exceed $100,000.00.

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(2) Any person who commits the offense of trafficking an individual for labor or sexual servitude against an individual who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years and a fine not to exceed $100,000.00; provided, however, that if the offense is committed against an individual under 18 years of age and such individual under the age of 18 years was coerced or deceived into being trafficked for labor or sexual servitude or if the offense is committed against an individual who has a developmental disability, the person shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than 25 nor more than 50 years or life imprisonment and a fine not to exceed $100,000.00." "(k) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section; provided, however, that Code Section 16-3-25 may still provide an absolute defense."

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

Approved April 26, 2016.

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STATE GOVERNMENT GEORGIA HOUSING AND FINANCE AUTHORITY; INCREASE OUTSTANDING BOND LIMIT.

No. 442 (House Bill No. 773).

AN ACT

To amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to increase the outstanding bond limit; 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 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, is amended in Code Section 50-26-10, relating to issuance of bonds by the authority, by revising subsection (i) as follows:

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"(i)(1) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate amount exceeding $3 billion, excluding bonds and notes issued to refund outstanding bonds and notes. (2) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes. (3) The authority shall not have outstanding at any one time bonds and notes for the financing of health care services exceeding $30 million; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refinance outstanding bonds and notes. (4) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority."

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

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

Approved April 26, 2016.

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MOTOR VEHICLES AND TRAFFIC USE OF CELLULAR TELEPHONES BY SCHOOL BUS DRIVERS.

No. 443 (House Bill No. 777).

AN ACT

To amend Code Section 40-6-165 of the Official Code of Georgia Annotated, relating to operation of school buses, so as to allow school bus drivers to use cellular telephones in a similar manner as a two-way radio; 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 40-6-165 of the Official Code of Georgia Annotated, relating to operation of school buses, is amended by revising subsection (e) as follows:
"(e) The driver of a school bus shall not use or operate a cellular telephone while the bus is in motion, unless it is being used in a similar manner as a two-way radio to allow live communication between the driver and school officials or public safety officials and in accordance with the provisions of paragraph (2) of subsection (b) and of subsection (c) of Code Section 40-6-241.2."

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

Approved April 26, 2016.

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INSURANCE INSURERS AND INSURANCE PROVIDERS MAY ADVERTISE AND CONDUCT PROMOTIONAL PROGRAMS WHEREBY CERTAIN ITEMS MAY BE PROVIDED.

No. 444 (House Bill No. 784).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers and insurance producers may advertise or conduct certain promotional programs whereby certain items not to exceed a certain value may be provided and will not be considered an unfair trade practice or an unlawful inducement; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-6-4, relating to unfair trade practices, by revising subsection (a) and subparagraph (b)(8)(C) as follows:
"(a) As used in this Code section, the term: (1) 'Gift certificate' shall have the same meaning as provided in Code Section 10-1-393. (2) 'Policy' means any insuring bond issued by an insurer. (3) 'Store gift card' shall have the same meaning as provided in Code Section 10-1-393."

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"(C) Nothing in subparagraphs (A) and (B) of this paragraph shall be construed as including within the definition of discrimination or rebates any of the following practices:
(i) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interest of the company and its policyholders; (ii) In the case of life or accident and sickness insurance policies issued on the industrial debit or weekly premium plan, making allowance in an amount which fairly represents the saving in collection expense to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer; (iii) Making a readjustment of the rate of premium for a policy based on the loss or expense experienced at the end of the first or any subsequent policy year of insurance thereunder, which adjustment may be made retroactive only for the policy year; (iv) Issuing life or accident and sickness insurance policies covering bona fide employees of the insurer at a rate less than the rate charged other persons in the same class; (v) Issuing life or accident and sickness policies on a salary-saving, payroll deduction, preauthorized, postdated, automatic check, or draft plan at a reduced rate commensurate with the savings made by the use of such plan; (vi) Paying commissions or other compensation to duly licensed agents or brokers or allowing or returning dividends, savings, or unabsorbed premium deposits to participating policyholders, members, or subscribers; (vii) Paying by an insurance agent of part or all of the commissions on public insurance to a nonprofit association of insurance agents which is affiliated with a recognized state or national insurance agents' association, which commissions are to be used in whole or in part for one or more civic enterprises; (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during group sales presentations and group seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; (ix) Paying for business meals and entertainment by an insurer or an agent, broker, or employee of an insurer, agent, or broker for current or prospective clients; or (x) Advertising or conducting promotional programs by insurers or insurance producers whereby prizes, goods, wares, store gift cards, gift certificates, sporting event tickets, or merchandise, not exceeding $100.00 in value per customer in the aggregate in any one calendar year, are given to current or prospective customers; provided, however, that the giving of any item or items of value under this subsection shall not be contingent on the sale or renewal of a policy;"

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SECTION 2. Said title is further amended by revising Code Section 33-9-36, relating to unauthorized premiums and unlawful inducements, as follows:
"33-9-36. (a) As used in this Code section, the term:
(1) 'Gift certificate' shall have the same meaning as provided in Code Section 10-1-393. (2) 'Insurance' includes suretyship. (3) 'Policy' includes bond. (4) 'Store gift card' shall have the same meaning as provided in Code Section 10-1-393. (b) No broker or agent shall knowingly charge, demand, or receive a premium for any policy of insurance except in accordance with this chapter. (c) No insurer or employee of such insurer and no broker or agent shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly as an inducement to insurance or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue on such policy of insurance, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in an applicable filing. No insured named in a policy of insurance nor any employee of the insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium, or any special favor or advantage or valuable consideration or inducement. (d) Nothing in this Code section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents and brokers, nor as prohibiting any insurer from allowing or returning to its participating policyholders, members, or subscribers dividends, savings, or unabsorbed premium deposits. (e) Nothing in this Code section shall be construed as prohibiting the payment for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during sales presentations and seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars. (f) Nothing in this Code section shall be construed as prohibiting insurers or insurance producers from advertising or conducting promotional programs by insurers or insurance producers whereby prizes, goods, wares, store gift cards, gift certificates, sporting event tickets, or merchandise, not exceeding $100.00 in value per customer in the aggregate in any one calendar year, are given to current or prospective customers; provided, however, that the giving of any item or items of value under this subsection shall not be contingent on the sale or renewal of a policy."

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

Approved April 26, 2016.

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PROFESSIONS AND BUSINESSES SCOPE OF VETERINARIAN CLIENT-PATIENT RELATIONSHIP.

No. 448 (House Bill No. 800).

AN ACT

To amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to veterinarians and veterinary technicians, so as to clarify the scope of the veterinarian-client-patient relationship; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to veterinarians and veterinary technicians, is amended by revising paragraph (15) as follows:
"(15) 'Veterinarian-client-patient relationship' means that: (A) The licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client (owner or caretaker) has agreed to follow the instruction of the licensed veterinarian; (B) There is sufficient knowledge of the animal by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the licensed veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by the virtue of examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept or by medically appropriate and timely visits by the licensed veterinarian to premises within an operation or production system where the animal or groups of animals are kept; and (C) A licensed veterinarian is readily available for follow up in the case of adverse reactions or failure of the regimen of therapy."

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

Approved April 26, 2016.

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COURTS LAW ENFORCEMENT AGENCIES AND OFFICERS MOTOR VEHICLES AND TRAFFIC TRANSFER GEORGIA DRIVER'S EDUCATION COMMISSION TO GOVERNOR'S OFFICE OF HIGHWAY SAFETY; OFF-DUTY USE OF MOTOR VEHICLES BY CERTAIN LAW ENFORCEMENT OFFICERS OF DEPARTMENT OF PUBLIC SAFETY FOR APPROVED OFF-DUTY EMPLOYMENT; EXPIRATION OF LICENSES AND IDENTIFICATION CARDS ISSUED BY DEPARTMENT OF DRIVER SERVICES; SUSPENSION OF DRIVERS' LICENSES.

No. 449 (House Bill No. 806).

AN ACT

To amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, so as to transfer such commission from the Department of Driver Services to the Governor's Office of Highway Safety; to extend the sunset applicable to penalties for violations of traffic laws or ordinances; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to revise provisions for the off-duty use of motor vehicles by certain law enforcement officers of the department relative to approved off-duty employment; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the expiration of certain licenses and identification cards issued by the Department of Driver Services; to provide for the suspension of a driver's license upon receipt of conviction reports from a court; to provide for multiple effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, is amended by revising Code Section 15-21-172, relating to the establishment of such commission, as follows:

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"15-21-172. There is established the Georgia Driver's Education Commission, which is assigned to the Governor's Office of Highway Safety for administrative purposes only, as prescribed in Code Section 50-4-3."

SECTION 2. Said article is further amended in Code Section 15-21-179, relating to additional penalty for violation of traffic laws or ordinances, by revising subsection (c) as follows:
"(c) This Code section shall be repealed in its entirety on June 30, 2019, unless extended by an Act of the General Assembly."

SECTION 3. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended in Article 1 by adding a new Code section to read as follows:
"35-2-15. (a)(1) Certified law enforcement officers employed by the department may use a department motor vehicle while working an off-duty job if such job requires vested police powers as a condition of employment, has been approved by the commissioner, and has been determined by the commissioner to be in furtherance of the department's mission and service to the state. Department motor vehicles used for off-duty employment shall not be used at any political function. (2) Except as otherwise provided for in this subsection, department motor vehicles shall be used only in discharge of official duties. (3) Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety.
(b) The commissioner, in his or her sole discretion, in granting approval for such off-duty job in which a departmental motor vehicle is used, prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (a) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; provided, however, that such compensation shall not be characterized as direct employment compensation but shall be paid as services under contract. (c) Employees of the department operating a department motor vehicle pursuant to this Code section shall be deemed to be acting within the scope of their official duties and employment within the meaning of Code Section 50-21-20, et seq., and the commissioner

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of administrative services shall provide liability coverage for claims arising out of such use. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety."

SECTION 4. Said chapter is further amended by deleting in its entirety Code Section 35-2-56, relating to use of motor vehicles or other equipment by members of the Uniform Division, and designating such Code section as reserved.

SECTION 5. Said chapter is further amended in Code Section 35-2-101, relating to relating to jurisdiction, duties and powers, use of dogs to detect controlled substances, and off-duty use vehicles, by deleting subsection (e) in its entirety.

SECTION 6. Said chapter is further amended by deleting in its entirety Code Section 35-2-123, relating to use of vehicles by off-duty law enforcement officer, and designating such Code section as reserved.

SECTION 7. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising Code Section 40-5-32, relating to expiration and renewal of licenses and reexamination requirements, as follows:
"40-5-32. (a)(1) Except as otherwise provided in this Code section, every driver's license shall expire on the licensee's birthday in the eighth year following the issuance of such license. Notwithstanding the foregoing, any commercial driver's license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. (2) Except as otherwise provided by subsection (c) of this Code section, every veteran's, honorary, or distinctive license shall expire on the licensee's birthday in the eighth year following the issuance thereof. The department may allow a veteran, honorary, or distinctive license holder to retain his or her expired veteran's, honorary, or distinctive license as a souvenir. (3) Every driver's license shall be renewed on or before its expiration date upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required by subsection (c) of this Code section. Nothing in this Code section shall be interpreted as affecting the rights and privileges of any person holding a

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veteran's, honorary, or distinctive license, or authorizing the imposition of a charge or fee for the issuance or renewal of such licenses. (4) The commissioner shall issue such rules and regulations as are required to enforce this subsection. (b) An application for driver's license renewal may be submitted by means of: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing drivers' licenses under this paragraph from the license surrender requirement of subsection (c) of Code Section 40-5-20. (c)(1) The department shall require every person who is age 64 or older applying for issuance or renewal of a driver's license to take and pass successfully such test of his or her eyesight as the department shall prescribe. (2) The commissioner may issue such rules and regulations as are necessary to implement this subsection."

SECTION 8. Said chapter is further amended in Code Section 40-5-53, relating to reporting of convictions to the department, destruction of license by department, and requirements for issuance of new license in certain instances, by revising subsection (b) as follows:
"(b)(1) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. Subject to appropriations by the General Assembly, the department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court. (2) Except as otherwise provided for in paragraphs (3) and (4) of this subsection, a report of any conviction received by the department two or more years after the date of final disposition shall be noted on a person's driving record and such conviction shall be made

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available in accordance with Code Sections 40-5-2 and 40-5-155. No such conviction shall result in the suspension of a driver's license as such term is defined in paragraph (17) of Code section 40-5-1, provided that the department determines that two or more years have elapsed since the date the driver's license was surrendered in accordance with the provisions set forth in subsection (e) of Code Section 40-5-61 and no new driver's license was subsequently issued. (3) A report of any conviction for an offense covered under Code Section 40-5-54, or Code Sections 40-6-391 through 40-6-395, or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395, regardless of the date such report of conviction is received by the department, shall be considered for purposes of revoking a driver's license in accordance with Code Section 40-5-58. (4) Any report of any conviction for a violation of Article 7 of this chapter, regardless of the date such report of conviction is received by the department, shall be considered for purposes of disqualifying a person's commercial driver's license, commercial driver instruction permit, or commercial driving privileges in accordance with Code Section 40-5-151."

SECTION 9. Said chapter is further amended in Code Section 40-5-100, relating to personal identification cards, by revising subsection (b) as follows:
"(b) An identification card issued pursuant to this Code section shall be valid for a period of eight years, shall bear the signatures of the commissioner and the Governor, and shall bear an identification card number which shall not be the same as the social security number."

SECTION 10. Said chapter is further amended in Code Section 40-5-150, relating to contents of license, classifications, endorsements, and restrictions, by revising subsection (g) as follows:
"(g) Except as provided for in Code Section 40-5-21.1, the commercial driver's license shall expire on the licensee's birthdate in the eighth year following the issuance of such license."

SECTION 11. Said chapter is further amended in Code Section 40-5-172, relating to identification cards for persons with disabilities, by revising subsection (a) as follows:
"(a) An identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of eight years and shall be renewable on the applicant's birthday in the seventh year following such issuance. Such identification cards shall be issued to persons:

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(1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal."

SECTION 12. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided in subsection (b) of this section. (b) Subsection (b) of Code Section 40-5-53 as amended by Section 8 of this Act shall become effective on January 1, 2017.

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

Approved April 26, 2016.

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BANKS AND BANKING COMPREHENSIVE REVISION OF TITLE 7.

No. 450 (House Bill No. 811).

AN ACT

To extensively amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to update, modernize, and streamline numerous Code sections to provide for efficient regulation of banks, trust companies, credit unions, merchant acquirer limited purpose banks, and the mortgage lending industry; to update and eliminate certain provisions to comply with federal law; to update certain provisions to comply with federal court decisions; to revise powers and duties of the Department of Banking and Finance; to delete all appearances of and references to the term "building and loan associations"; 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 Department of Banking and Finance generally

SECTION 1-1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising Code Section 7-1-36, relating to oath and bond of commissioner, deputy commissioner, and examiners within the Department of Banking and Finance, as follows:
"7-1-36. (a) Before entering office, the commissioner shall take an oath before the Governor or one of the Justices of the Supreme Court to support the Constitution of the United States and the Constitution of Georgia and to execute faithfully the duties of his or her office. which oath shall be in writing and subscribed to by the commissioner and filed in the Governor's office Before entering their respective offices, each deputy commissioner and examiner shall take an oath of office before the commissioner to support the Constitution of the United States and the Constitution of Georgia and to execute faithfully the duties of their respective offices which shall be in writing and subscribed by the deputy commissioner or examiner and filed with the department. (b) The commissioner, each deputy commissioner, and each examiner shall:
(1) Faithfully discharge, execute, and perform all and singular the duties required of such officer and which may be required by the Constitution and laws of the State of Georgia; (2) Faithfully account for all moneys that may be received by such officer from time to time by virtue of his office; and (3) Safely deliver to the successor of such office all books, moneys, vouchers, accounts, and effects whatever belonging to said office."

SECTION 1-2. Said title is further amended by revising Code Section 7-1-42, relating to enforcement of payment of fees, as follows:
"7-1-42. In the event any financial institution shall fail or refuse to pay on demand any amount owed to the department, including, but not limited to, outstanding fees, the department may proceed through the Attorney General to collect the same by action at law."

SECTION 1-3. Said title is further amended by revising Code Section 7-1-68, relating to reports to department, publication of summaries, and penalty for noncompliance, as follows:
"7-1-68. (a) The department may require reports on the condition of or any particular facts concerning any financial institution at any time the department deems it necessary or advisable.

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(b) The form of all reports, the information to be contained in them, and the date on which they shall be due shall be prescribed by the department. The reports shall be verified by the oath or affirmation of the president, secretary, or other managing officer of the institution. (c) Any financial institution which fails to prepare any report in accordance with this Code section, or fails to provide any facts or information requested under subsection (a) of this Code section, shall pay the department a penalty of $100.00 for each day after the time fixed by the department for filing such report, but the department may, in its discretion, relieve any financial institution from the payment of such penalty, in whole or in part, if good cause be shown. If a financial institution fails to pay a penalty from which it has not been relieved, the department may, through the Attorney General, maintain an action at law to recover it."

SECTION 1-4. Said title is further amended by repealing and reserving Code Sections 7-1-96 and 7-1-97, relating to liability on bonds for nonperformance of duty and costs of actions by or against department, respectively.

SECTION 1-5. Said title is further amended by revising Code Section 7-1-111, relating to emergency closings, as follows:
"7-1-111. Whenever it appears to the Governor that the welfare of this state or any region thereof or the welfare and security of any financial institution or the lives of the employees of the financial institution or the safety of the funds of depositors and property of the shareholders are endangered or placed in jeopardy by any impending or existing emergency or other catastrophe, including, but not limited to, economic crises, hurricanes, tornadoes, fire hazards, disruption or failure of utility, transportation, communication, or information systems, or civil disorders, the Governor may proclaim that an emergency exists and such state of emergency proclamation shall authorize financial institutions to elect to close. The Governor may also proclaim that any financial institution or type of financial institution shall be subject to special regulation as herein provided until the Governor, by a like proclamation, declares the period of such emergency to have terminated. The department may declare emergencies in specific cases for cause shown, and its declaration shall remain in effect until terminated by the Governor or the commissioner, whichever occurs first."

SECTION 1-6. Said title is further amended in Code Section 7-1-680, relating to definitions relative to the sale of payment instruments, by adding a new paragraph to read as follows:
"(26) 'Virtual currency' means a digital representation of monetary value that does not have legal tender status as recognized by the United States government. The term does not

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include the software or protocols governing the transfer of the digital representation of monetary value. The term also does not include units of value that are issued in an affinity or rewards program and that cannot be redeemed for money or virtual currencies. Neither does the term include an affinity or rewards program tied to a credit, debit, or prepaid card that awards points for purchases or other transactions, which points can be redeemed for dollar denominated credit to a checking, credit card, or prepaid account, or for a gift card, goods, travel, or services."

SECTION 1-7. Said title is further amended by revising Code Section 7-1-690, relating to enforcement of restrictions on the sale of payment instruments, as follows:
"7-1-690. (a) 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. (b) The department is authorized to enact rules and regulations that apply solely to persons engaged in money transmission or the sale of payment instruments involving virtual currency. The department shall enact such rules and regulations it finds necessary to:
(1) Foster the growth of businesses engaged in money transmission or the sale of payment instruments involving virtual currency in Georgia and spur state economic development; (2) Ensure the continued solvency, safety, soundness, and prudent conduct of persons engaged in money transmission or the sale of payment instruments involving virtual currency; (3) Ensure fair, timely, and equitable fulfillment of the financial obligations of such persons; (4) Protect customers of businesses engaged in money transmission or the sale of payment instruments involving virtual currency from financially impaired or insolvent providers of such services; (5) Encourage high standards of honesty, transparency, fair business practices, and public responsibility; (6) Eliminate financial fraud, other criminal abuse, and unethical conduct in the industry; and (7) Ensure businesses engaged in money transmission or the sale of payment instruments involving virtual currency provide customers with timely and understandable information in order that customers may make informed decisions about virtual currency products and services."

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PART II Banks and trust companies

SECTION 2-1. Said title is further amended by repealing and reserving Code Section 7-1-11, relating to registration of nonresident corporations.

SECTION 2-2. Said title is further amended by repealing and reserving Code Section 7-1-239.5, relating to fee for instruments drawn on other institutions.

SECTION 2-3. Said title is further amended in Code Section 7-1-290, relating to powers as surety or guarantor, by revising paragraph (3) of subsection (c) as follows:
"(3) Pledging or otherwise granting security interests in their assets to secure public funds deposited in the bank or another bank, including, but not limited to, deposits made pursuant to a pledging pool."

SECTION 2-4. Said title is further amended by revising Code Section 7-1-370, relating to deposits by banks, as follows:
"7-1-370. (a) Subject to the restrictions of subsection (b) of this Code section and of Code Section 7-1-371 in regard to reserve funds, a financial institution may deposit its funds in any depository which is:
(1) Selected by, or in any manner authorized by, its directors; (2) Authorized by law to receive deposits; and (3) In the case of a depository located in the United States, one which has deposit insurance issued by a federal public body to depositories of the type involved. (b) If a director of the financial institution has a relationship to a depository as either: (1) An officer or director; or (2) An owner of 5 percent or more of the shares of the depository, the depository shall be approved by a majority of the directors other than the director who has such relationship."

SECTION 2-5. Said title is further amended by revising Code Section 7-1-371, relating to legal reserve requirements, notice of deficiency, penalty, and effect of deficiency, as follows:

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"7-1-371. (a) For the purposes of the reserve requirement imposed by subsection(c) of this Code section and the composition of the required reserve fund under subsection (d) of this Code section, the term:
(1) 'Demand deposits' means the aggregate of deposits which can be required to be paid on demand or within less than 30 days after demand; (2) 'Reserve agent' means a depository of a financial institution selected as provided in Code Section 7-1-370 for the deposit of funds included in the required reserve fund. (b) A financial institution which is governed by 12 C.F.R. 204 shall maintain, at all times, a reserve fund in accordance with the applicable federal requirements. (c) A financial institution which is not governed by 12 C.F.R. 204 shall maintain, at all times, a reserve fund in an amount fixed by regulation of the department, but in no case shall such reserve be required in excess of the aggregate of 15 percent of demand deposits and 5 percent of other deposits. The amount of the required reserve for each day shall be computed on the basis of average daily deposits covering such biweekly or shorter periods as shall be fixed by regulation of the department. (d) In the case of a financial institution which is not governed by 12 C.F.R. 204, such portion of the reserve fund against deposits as shall be fixed by regulation of the department shall consist of United States coin and currency on hand or on deposit, subject to call without notice, in a reserve agent. The balance of such reserve fund shall be kept in obligations of: (1) General obligations of the United States or of a subsidiary corporation of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Banks, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks regulated by the Farm Credit Administration, Federal Home Loan Mortgage Corporation, or Federal National Mortgage Association; (2) Obligations of the State of Georgia or any instrumentality of this state; or (3) Other issuers whose obligations are marketable and approved by regulation of the department for the purpose of this Code section. (e) All assets which are part of the reserve fund required by this Code section shall be owned absolutely by the financial institution and shall not be pledged, assigned, or hypothecated in any manner or subject to setoff. The value of all securities which constitute a part of a financial institution's reserve fund shall be computed at the current market value thereof. (f) A financial institution shall give written notice to the department, in the manner prescribed by the department for such notice, of any deficiency in the amount or form of the reserve fund required by this Code section within three business days after the close of any scheduled averaging period during which such deficiency occurs.

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(g) Immediately following the closing of any scheduled averaging period during which a deficiency in the required reserve occurs, the financial institution will take immediate action to restore the deficiency; and, until such deficiency is restored, the financial institution shall not make any new loans or discounts other than by discounting or purchasing bills of exchange at sight; nor shall any dividend be declared out of the profits of such financial institution. Any financial institution failing to restore its reserve to the required amount within 30 days after the closing of the averaging period in which the deficiency occurs may have its business and assets taken over by the department as provided in Part 7 of Article 1 of this chapter."

SECTION 2-6. Said title is further amended by revising Code Section 7-1-372, relating to remission of checks at par, collection charge, and service charge, as follows:
"7-1-372. A commercial bank may deduct a reasonable collection charge covering its actual expenses from the remittance for any check forwarded to it for collection and remittance as a special collection item and may impose a service charge as authorized by Code Section 44-12-196, relating to when an instrument on which a banking or financial organization is directly liable is presumed abandoned."

SECTION 2-7. Said title is further amended in Code Section 7-1-530, relating to authority to merge or consolidate state banks and trust companies, by revising subsection (a) as follows:
"(a) Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching and minimum age laws and regulations, banks or trust companies may merge or consolidate, provided that an institution exercising trust powers alone may merge or consolidate only with another such trust company. Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching and minimum age laws and regulations, a corporation other than a bank or trust company may acquire all of the outstanding shares of one or more classes or series of one or more banks or trust companies through a share exchange."

SECTION 2-8. Said title is further amended by revising Code Section 7-1-591, relating to representative offices of banks or bank holding companies domiciled in state, as follows:
"7-1-591. A bank domiciled in this state and operating under the laws of this state or a subsidiary or agent of such bank may establish a representative office anywhere in the state upon registering with the department. A bank holding company domiciled in this state and operating under the laws of this state or a nonbank subsidiary or agent of such bank holding

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company may establish a representative office anywhere in this state upon registering with the department."

SECTION 2-9. Said title is further amended by revising Code Section 7-1-592, relating to representative offices of banks or bank holding companies domiciled outside of state, as follows:
"7-1-592. A bank or bank holding company domiciled in this state and operating under the laws of the United States or domiciled outside this state and operating under the laws of such other state or territory or of the United States, or its subsidiary or agent, may establish representative offices anywhere in this state, provided that such bank or bank holding company conforms to the requirements of its primary regulator."

SECTION 2-10. Said title is further amended in Code Section 7-1-593, relating to registration of bank or bank holding company with representative office in state, by revising subsection (a) as follows:
"(a) A bank or bank holding company domiciled in this state and having a representative office located in this state shall register with the department annually on forms prescribed by the department. Such registration shall be filed according to regulations issued by the department and shall list the names of all its Georgia representative offices, the street address of the offices, the nature of the business to be transacted in or through the offices, and such other information as the department may require. The department may consolidate these requirements with the holding company registration required in Parts 18, 19, and 20 of this article."

SECTION 2-11. Said title is further amended by repealing and reserving Code Section 7-1-594, relating to registration of banks or bank holding companies conducting agency relationships.

SECTION 2-12. Said title is further amended in Code Section 7-1-601, relating to bank branch offices, by revising paragraph (3) of subsection (a) as follows:
"(3) A bank may acquire a branch office from another bank without acquisition of the entire bank; or"

SECTION 2-13. Said title is further amended in Code Section 7-1-602, relating to applications for bank branch offices, by revising subsection (b) as follows:
"(b) After receipt of a complete application, the department shall have 90 days within which to approve or disapprove such application."

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SECTION 2-14. Said title is further amended in Code Section 7-1-603, relating to extensions of banking locations, automated teller machines, cash dispensing machines, point-of-sale terminals, and other extensions, by revising paragraph (1) of subsections (b) and (c) as follows:
"(1) 'Automated teller machine' means electronic equipment which performs routine banking transactions including, but not limited to, the taking of deposits for the public at locations off premises of a bank's main or branch office under regulations prescribed by the commissioner. This term includes electronic equipment that utilizes, or has the capability to utilize, live video chat with offsite bank personnel who may assist with banking services, including, but not limited to, account initiation." "(1) Any federally insured bank or credit union may operate automated teller machines throughout this state. These machines may be operated individually by any bank or credit union or jointly on a cost-sharing basis by two or more banks or credit unions;"

SECTION 2-15. Said title is further amended by revising Code Section 7-1-604, relating to banking business prohibited except as allowed by Title 7, as follows:
"7-1-604. No bank shall carry on or conduct or do a banking business in this state except in accordance with the provisions of this title or federal law directly applicable to the bank. A 'banking business' is the business which a bank is authorized to do pursuant to this title."

SECTION 2-16. Said title is further amended by revising Code Section 7-1-607, relating to registration, reporting, examinations, and control of bank holding companies, as follows:
"7-1-607. (a) On July 1, 1976, and annually thereafter on dates established by the commissioner, each bank holding company that controls a bank shall register with the commissioner on forms provided or prescribed by him or her, which may include such information with respect to the financial condition, operation, management, and intercompany relationships of the bank holding company and its subsidiaries and related matters as the commissioner may deem necessary or appropriate to carry out the purposes of this part. (b) The commissioner is authorized to issue such regulations and orders as may be necessary to enable him or her to administer and carry out the purposes of this Code section. (c) The commissioner from time to time may require reports under oath to keep him or her informed as to whether the provisions of this Code section and such regulations and orders thereunder issued by him or her have been complied with; may make examinations of each bank holding company and each subsidiary thereof, the cost of which may be assessed against and paid by such holding company; and shall, as far as possible, use the reports of examination made by the Office of the Comptroller of the Currency, Federal Deposit

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Insurance Corporation, or the Board of Governors of the Federal Reserve System for the purposes of this Code section. (d) Bank holding companies that control a bank and subsidiaries or affiliates thereof shall be regulated, controlled, and examined by the commissioner to the same extent that he or she regulates, controls, and examines state banks under his or her jurisdiction, which would be in addition to the authority of the Federal Reserve Board as fixed by the laws of the United States. The commissioner is authorized, directed, and required to promulgate, with precision, rules and regulations and investment procedures in the regulation, examination, and control of bank holding companies that control a bank."

SECTION 2-17. Said title is further amended by revising Code Section 7-1-620, relating to part purpose, as follows:
"7-1-620. This part governs the acquisition of banks having banking offices in Georgia by bank holding companies controlling bank subsidiaries having banking offices outside this state. It further governs the acquisition of banks having banking offices outside this state by bank holding companies controlling bank subsidiaries having banking offices in Georgia. It sets forth application, notice, and other related requirements. Acquisitions of banks having banking offices only in Georgia by bank holding companies controlling only bank subsidiaries having banking offices solely in Georgia are governed by the provisions of Code Sections 7-1-605 through 7-1-608."

SECTION 2-18. Said title is further amended in Code Section 7-1-621, relating to definitions relative to interstate acquisitions of banks and bank holding companies, by revising paragraphs (2), (7), (12), (15), and (23) as follows:
"(2) 'Bank' means any 'insured bank' as such term is defined in 12 U.S.C. Section 1813(h) of the Federal Deposit Insurance Act or any institution eligible to become such, provided that the term 'bank' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978). The term 'bank' as used in this part shall include any savings and loan association or state savings and loan association as such terms are defined in Code Section 7-1-4 and shall include federal savings banks and similar banking entities chartered under the laws of any state and whose deposits are insured under a federal deposit insurance program." "(7) 'Control' means that which is set forth in Code Section 7-1-605." "(12) 'Home state' means any state in the United States:
(A) With respect to a state bank, the state by which the bank is chartered; (B) With respect to a national bank, the state in which the main office of the bank is located; or

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(C) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. Section 3103(c) of the International Banking Act." "(15) 'Insured depository institution' shall have the same meaning as set forth in 12 U.S.C. Section 1813(c)(2) and (3) of the Federal Deposit Insurance Act, provided that the term 'insured depository institution' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978)." "(23) 'Subsidiary' means that which is set forth in Code Section 7-1-605."

SECTION 2-19. Said title is further amended in Code Section 7-1-623, relating to acquisitions by a bank or bank holding company not requiring department approval, by revising subsection (a) as follows:
"(a) Subject to any applicable restrictions or exceptions provided for in subsection (b) of Code Section 7-1-622, a bank holding company having a bank subsidiary with banking offices in Georgia may acquire a bank that does not have banking offices in this state, and a bank holding company may acquire an out-of-state bank with branch offices in Georgia, but shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the application or applications filed with applicable bank supervisory agencies seeking approval for the proposed transaction and such other information as the department shall request. In lieu of furnishing the entire application, the applicant may submit to the department a description of the transaction within the same time frame. In this event, the department shall request further information only if needed. The department may, for good cause shown, object to the transaction by letter to the bank holding company and to the appropriate federal or state regulator before consummation of the transaction."

SECTION 2-20. Said title is further amended by revising Code Section 7-1-624, relating to prohibited acquisitions by a bank or bank holding company, as follows:
"7-1-624. (a) Except as expressly permitted under this part, Part 20 of this article, or by federal law, no bank holding company may acquire a bank or a bank holding company controlling a bank chartered by the department. (b) In the event any bank holding company makes an acquisition that is prohibited by this part, the commissioner shall require such bank holding company to divest itself immediately of its direct or indirect ownership or control of any Georgia banks or banking offices located in Georgia. The commissioner shall also have the power to enforce any other prohibitions in this part by requiring divestitures of nonconforming banks, bank holding companies, or assets. Alternatively, the commissioner shall have the power to

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impose fines and penalties or exercise such other remedies as are provided in this chapter, including, but not limited to, judicial actions."

SECTION 2-21. Said title is further amended in Code Section 7-1-628, relating to purpose and scope of part, by revising subsections (b) and (c) as follows:
"(b) The scope of this part covers mergers where, upon consummation of the interstate merger transaction, the resulting bank will have banking locations in Georgia and at least one other state. It provides for certain approval, notice, and other requirements. Mergers involving banks having present and resulting branches located only in this state are governed by Parts 14 and 15 of this article. To the extent a bank participating in an interstate merger transaction is owned or controlled by a bank holding company, the applicable provisions of Part 19 of this article shall also apply. (c) In authorizing the expansion of interstate banking to this state, and in the interests of its citizens, the General Assembly finds that primary consideration should be given to the following:
(1) Affording protection and promoting convenience to bank depositors and other customers of financial institutions in this state; (2) Preserving the advantages of a sound dual banking system and the competitive equality of state chartered institutions with federally chartered institutions; and (3) Providing to the Department of Banking and Finance sufficient powers and responsibilities to implement these considerations."

SECTION 2-22. Said title is further amended in Code Section 7-1-628.1, relating to definitions relative to interstate banking and branching by merger, by revising paragraphs (1), (6), (11), (14), and (22) as follows:
"(1) 'Bank' shall have the same meaning as 'insured bank' in 12 U.S.C. Section 1813(h) of the Federal Deposit Insurance Act, provided that the term 'bank' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978)." "(6) 'Control' means that which is set forth in Code Section 7-1-605." "(11) 'Home state' means:
(A) With respect to a state bank, the state by which the bank is chartered; (B) With respect to a national bank, the state in which the main office of the bank is located; or (C) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. Section 3103(c) of the International Banking Act." "(14) 'Insured depository institution' shall have the same meaning as set forth in 12 U.S.C. Section 1813(c)(2) and (3) of the Federal Deposit Insurance Act, provided that the

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term 'insured depository institution' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978)." "(22) 'Subsidiary' means that which is set forth in Code Section 7-1-605."

SECTION 2-23. Said title is further amended by revising Code Section 7-1-628.5, relating to requirements for out-of-state banks that are the result of an interstate merger transaction, as follows:
"7-1-628.5. An out-of-state bank that is to be the resulting bank of an interstate merger transaction shall comply or assure compliance with the following requirements: (1) Part 19 of this article, if applicable to the transaction shall require any holding company of the resulting bank to comply with Code Sections 7-1-605 through 7-1-612; (2) An out-of-state bank that will be the resulting bank pursuant to an interstate merger transaction involving a Georgia state bank shall notify the commissioner of the proposed merger not later than the date on which it files an application for an interstate merger transaction with the responsible federal bank supervisory agency, provide such information as required by rule or regulation or as the commissioner may otherwise specify, and pay any filing fee required by regulation; (3) Prior to consummation of the merger, the resulting bank shall provide the commissioner with satisfactory evidence of all required approvals from all relevant bank supervisory agencies; and (4) Prior to consummation of the merger, the out-of-state bank shall certify to the department that while it has a branch or any other location in Georgia, it will maintain deposit insurance issued by a federal public body."

SECTION 2-24. Said title is further amended in Code Section 7-1-628.6, relating to powers of out-of-state banks branching into Georgia, by revising subsection (a) as follows:
"(a) An out-of-state state bank which establishes and maintains one or more branches in Georgia under this part may conduct any activities at such branch or branches that are authorized under the law of this state for Georgia state banks."

SECTION 2-25. Said title is further amended in Code Section 7-1-628.8, relating to restrictions on de novo branches, by revising subsections (b) and (c) as follows:
"(b) An out-of-state bank that does not have a branch in Georgia and that meets the requirements of this article may establish and maintain a de novo branch in this state to the extent that any Georgia bank could establish such a de novo branch. (c) A Georgia state bank may establish and maintain a de novo branch in another state. Such Georgia state bank shall comply with the provisions of this article, including, but not limited to, obtaining approval from the department prior to establishing the branch."

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SECTION 2-26. Said title is further amended by revising Code Section 7-1-628.9, relating to restrictions on purchase of branches, as follows:
"7-1-628.9. (a) An out-of-state bank that does not have a branch in Georgia and that meets the requirements of this article may establish and maintain a branch in this state through the acquisition of a branch. (b) A Georgia state bank may establish and maintain a branch in another state through the acquisition of a branch in compliance with the provisions of this article, including, but not limited to, obtaining approval from the department prior to acquiring the branch."

PART III Credit unions

SECTION 3-1. Said title is further amended in Code Section 7-1-630, relating to initial subscribers, articles of incorporation, and filing requirements for credit unions, by revising paragraph (1) of subsection (e) as follows:
"(1) The date of the annual meeting, the manner of conducting the same, the number of members constituting a quorum and regulations as to voting, and the manner of notification of the meeting, which shall comply with Code Section 7-1-6;"

SECTION 3-2. Said title is further amended in Code Section 7-1-650, relating to powers of credit unions, by revising subparagraph (D) of paragraph (4) and paragraphs (6) and (9) as follows:
"(D) By depositing its funds in banks, savings and loan associations, and credit unions; by purchasing certificates of deposit and savings certificates which such financial institutions are authorized to issue; and by selling or purchasing federal or correspondent (daily) funds or loan participations through such financial institutions; subject to limitations prescribed in regulations issued by the department; and" "(6) It may undertake, with the approval of the department, other activities which are not inconsistent with this chapter or regulations adopted pursuant thereto; provided, however, that no such approval shall be granted unless the commissioner determines the activities do not present undue safety and soundness risks to the credit union involved;" "(9) Real estate acquired in the cases provided for by subparagraphs (B) and (C) of paragraph (8) of this Code section and real estate which has ceased to be used primarily as credit union premises may be held subject to a determination by a majority vote of its directors at least once each year as to the advisability of retaining any such property, provided that no such property may be held for more than five years without the prior written approval of the department. Properties, other than real estate, which are acquired in satisfaction of debts previously contracted and which a credit union is not otherwise

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authorized to own shall be held for no longer than six months unless such time period is extended by the department. Disposition of such property may be financed by the credit union without the advance of additional funds irrespective of the purchasers' membership in the credit union and of ordinarily applicable collateral margin requirements; and"

SECTION 3-3. Said title is further amended in Code Section 7-1-655, relating to board of directors, credit and supervisory committees, and officers of credit unions and removals from office, by revising subsection (g) and adding new subsections as follows:
"(g) The entire board of directors or an individual director may be removed from office without cause by the vote of a quorum of members at a properly called meeting. (h) The board may remove a director from office if:
(1) The director is adjudicated an incompetent by a court or is convicted of a felony; (2) The director does not, within 60 days of his or her election or such longer time as may be specified in the bylaws, accept the office in writing or by attendance at a meeting and fulfill other requirements for holding the office; (3) The director fails to attend regular meetings of the board for six successive meetings without having been excused by the board; (4) The director was an employee or duly elected officer of the credit union and was discharged or resigned at the request of the board for reasons relating to performance of duties as an employee or officer of the credit union; or (5) For any reason set forth in the bylaws of the credit union. (i) The board of directors, by a two-thirds' vote of a quorum of the board, may suspend any member of the credit union's board of directors, for cause, until the next membership meeting, which shall be held not less than seven nor more than 60 days after such suspension. The suspended person will be notified of the details of his or her suspension, and shall have the right to request a meeting with the board to reconsider his or her suspension prior to the membership meeting. Any suspended member of the board of directors may be removed by a majority vote of a quorum of members at a properly called meeting. At such meeting of the membership, the suspended person shall have the right to make a presentation to the members and the suspension shall be acted upon by the members at such meeting and the person shall be removed from, or restored to, the board. (j) Vacancies in the board of directors, whether caused by removal or otherwise and including vacancies resulting from an increase in the number of directors, may be filled by the remaining members of the board, even though less than a quorum. (k) The credit union shall immediately notify the department upon a change in president or chief executive officer."

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SECTION 3-4. Said title is further amended in Code Section 7-1-669, relating to central credit union, by revising the introductory language of subsection (b) as follows:
"(b) The field of membership of a central credit union shall include credit unions organized and operating under this chapter, any other state credit union law, or under the Federal Credit Union Act. In addition, the field of membership may include:"

SECTION 3-5. Said title is further amended in Code Section 7-1-670, relating to third-party payment services, by revising subsection (d) as follows:
"(d) A credit union that is approved to offer third-party payment services may apply to the department to offer other services, such as check-cashing services, sale of payment instruments, or international remittances, which services are determined by the department to be safe, sound, convenient, and necessary and responsive to those consumers eligible for membership. The department may impose restrictions on these services if approved."

PART IV Georgia merchant acquirer limited purpose bank

SECTION 4-1. Said title is further amended by adding new Code sections to read as follows:
"7-9-5.1. (a) The board of directors shall hold regular meetings at such times as may be fixed by the bylaws and shall, at all times, be subject to call by the chairperson of the board, the chief executive officer, the president, or any two members of the board. The board shall meet at least once in ten different months of each calendar year unless an alternative schedule is approved in writing by the department, but in no event shall the board meet less frequently than once in each calendar quarter. (b) Unless otherwise provided in the articles or bylaws:
(1) A majority of all the directors in office shall constitute a quorum for the transaction of business; and actions of a majority of those present at a meeting at which a quorum is present shall be actions of the board; (2) The board of directors may designate by resolution three or more of its number to constitute an executive committee or other committee which, to the extent provided in such resolution, shall have and exercise the authority of the board of directors in regard to the business of the merchant acquirer limited purpose bank; and (3) Any action which may be taken at a meeting of the directors or of the members of an executive or other committee may be taken without a meeting if a consent or consents in writing setting forth the action shall be signed by all of the directors or all of the members of the executive or other committee and filed with the secretary of the merchant acquirer limited purpose bank.

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7-9-5.2. The board of directors shall have the power to adopt, amend, or repeal bylaws governing the regulation and management of affairs of the merchant acquirer limited purpose bank unless such power is reserved exclusively to the shareholders by the articles or bylaws previously adopted by shareholders; provided, however, that any bylaws adopted by the board of directors may be altered, amended, or repealed and new bylaws adopted by shareholders. Shareholders may prescribe that any bylaw or bylaws adopted shall not be altered, amended, or repealed by the board of directors. Copies of the bylaws and any change, addition, or amendment thereto shall be filed with the department immediately upon adoption by the directors or the shareholders.

7-9-5.3. (a) A merchant acquirer limited purpose bank shall maintain a chief executive officer, chief information officer, chief risk officer, and such other officers the department may require by rule or regulation. A person may hold more than one office; provided, however, that no person shall serve as both chief executive officer and chief risk officer. (b) Except as otherwise provided for in the articles or bylaws, the board of directors shall elect officers, fix their compensation, and fill vacancies. An officer elected or appointed by the board may be removed without prejudice to any contract right of such officer upon determination by the board that such removal is in the best interests of the merchant acquirer limited purpose bank. The merchant acquirer limited purpose bank shall immediately notify the department in writing upon a change in the position of chief executive officer or president. (c) Officers of a merchant acquirer limited purpose bank shall have such authority and perform such duties as provided for in the bylaws adopted by the board. (d) A merchant acquirer limited purpose bank may employ such agents or employees as necessary for the prompt and orderly discharge of its business.

7-9-5.4. (a) Prior to assuming office, each director shall take an oath or affirmation that he or she will diligently and honestly perform his or her duties in the administration of the affairs of the merchant acquirer limited purpose bank; he or she will not permit a willful violation of law by the merchant acquirer limited purpose bank; and he or she meets the eligibility requirements of this chapter, the regulations of the department, and the articles and bylaws of the merchant acquirer limited purpose bank. (b) Each director shall sign a copy of the oath required by this Code section and include such documentation in the meeting minutes. No director shall participate in the affairs of the board or receive any compensation for service as a director until such oath has been executed. Any person seeking to act in the capacity of a director before subscribing to the oath required by this Code section or otherwise qualifying for service pursuant to the bylaws of the merchant acquirer limited purpose bank or the laws and regulations

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governing the operations of the merchant acquirer limited purpose bank shall be liable for his or her actions to the same extent as if that person had qualified to serve as a director of the merchant acquirer limited purpose bank."

"7-9-11.1. (a) Merchant acquirer limited purpose banks may merge or consolidate upon compliance with the requirements of this chapter and other applicable laws and regulations. (b) A corporation other than a merchant acquirer limited purpose bank may be merged into or may be consolidated with a merchant acquirer limited purpose bank, provided that:
(1) The resulting institution of the merger or consolidation is a merchant acquirer limited purpose bank; (2) The resulting institution of the merger or consolidation holds only assets and liabilities and is engaged only in activities which may be held or engaged in by a merchant acquirer limited purpose bank; and (3) The merger or consolidation is not otherwise unlawful. (c) A merger or consolidation pursuant to subsection (b) of this Code section shall be made by compliance with the requirements of this chapter. Title 14 shall not be applicable to such a merger or consolidation. (d) In the case of a merger of a merchant acquirer limited purpose bank with any other corporation or corporations, with the merchant acquirer limited purpose bank as the resulting entity, any assets, lines of business, activities, or powers which may accrue to the resulting entity which would be prohibited for a merchant acquirer limited purpose bank shall be provided for in the plan of merger. Such plan shall include a proposal for the disposal of such prohibited assets or the termination of such prohibited line of business, activity, or power. The department shall review such plan to determine whether the prohibited asset, line of business, activity, or power should be a basis for denial of the requested merger or consolidation or phased out within a reasonable period of time, which shall be determined by the department.

7-9-11.2. (a) The parties to a merger or consolidation of a merchant acquirer limited purpose bank shall:
(1) Adopt a plan stating the method, terms, and conditions of the merger or consolidation, including the rights under the plan of the shareholders of each of the parties and any agreement concerning the merger or consolidation. Such plan shall specify:
(A) The name that such merchant acquirer limited purpose bank shall have upon and after such merger or consolidation; (B) The persons who shall constitute the board of directors of the merchant acquirer limited purpose bank after the merger or consolidation;

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(C) The manner and basis of converting the shares of each merged or consolidated entity into shares or other securities or obligations of the surviving merchant acquirer limited purpose bank and, if any shares of any of the merged or consolidated entities are not to be converted solely into shares or other securities of the surviving merchant acquirer limited purpose bank, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for, or upon the surrender of, such shares. Such cash or securities may be in addition to, or in lieu of, the shares or other securities of the surviving merchant acquirer limited purpose bank; (D) Such other provisions with respect to the proposed merger or consolidation which are deemed desirable to the parties of the merger or consolidation plan; and (E) Any other requirements of the department, adopted through rule or regulation, deemed essential to ensure protection of creditors or shareholders of the merging or consolidating entities; (2) Adopt a merger or consolidation plan upon affirmative vote of at least: (A) A majority of the directors; and (B) At a meeting of shareholders, a majority of the shareholders entitled to cast votes or the majority of holders of outstanding shares of a class, if a class of shares is entitled to vote thereon as a class; and (3) Include a copy or summary of the merger or consolidation plan and a full statement of the rights and remedies of dissenting shareholders, the method of exercising such rights, and any limitations on such rights and remedies in the meeting notice for which a merger or consolidation is to be voted upon. (b) Any modification of a merger or consolidation plan which has been adopted shall be made by any method provided therein or, in the absence of such provision, by the same vote as required for adoption.

7-9-11.3. (a) Upon adoption of the plan of merger or consolidation as provided in Code Section 7-9-11.2, parties to a merger or consolidation shall file with the department articles of a merger or consolidation pursuant to the requirements of this Code section together with the fee required by Code Section 7-1-862. (b) The articles of merger or consolidation shall be signed by two duly authorized officers of each party to a merger or consolidation plan under their respective seals and shall contain:
(1) The names of parties to a merger or consolidation plan and the name of the resulting merchant acquirer limited purpose bank; (2) The street address and county location of the main office and registered agent and office of each party;

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(3) The votes by which the merger or consolidation plan was adopted, a copy of the notice of each meeting held in connection with such adoption, and the time and place such meeting or meetings were held; (4) The names and addresses of the initial directors of the resulting merchant acquirer limited purpose bank; (5) In the case of a merger, any amendments to the articles of the resulting merchant acquirer limited purpose bank; (6) In the case of a consolidation, the requirements for articles of a new merchant acquirer limited purpose bank as provided for by paragraphs (4) through (8) of subsection (a) of Code Section 7-9-5; and (7) The merger or consolidation plan. (c) Together with the articles of merger or consolidation, parties to a merger or consolidation shall deliver to the department a copy of the notice of merger or consolidation and an undertaking, which may appear in the articles of merger or consolidation or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such merchant acquirer limited purpose bank, that the request for publication of a notice of filing the articles of merger or consolidation and payment therefor will be made as required by subsection (d) of this Code section. (d) No later than the next business day after filing the articles of merger or consolidation with the department, parties to a merger or consolidation shall transmit for publication, to the publisher of a newspaper which is the official organ of the county where the main office of each party is located, a notice which shall contain a statement that the articles of merger or consolidation have been filed with the department, the names of entities which are parties to the proposed merger or consolidation, and, in the case of a merger, the proposed name of the surviving merchant acquirer limited purpose bank. The parties shall include in the notice a designated location where a copy of the articles of merger or consolidation may be examined. Such notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. (e) In the event a merger or consolidation plan is amended as provided for in Code Section 7-9-11.2, parties shall promptly file with the department an amendment to the articles of consolidation or merger reflecting such amendment of the merger or consolidation plan.

7-9-11.4. In addition to the filing of articles of merger and consolidation under Code Section 7-9-11.3, the parties to a merger or consolidation plan shall also file with the department:
(1) An application including any information desired by the department in order to evaluate the proposed merger or consolidation, which shall be made available in the form specified by the department;

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(2) Applicable fees established by regulation of the department to defray the expenses of the investigation required by Code Section 7-9-11.5; and (3) If the merger or consolidation involves the adoption of a new name, a certificate issued by the Secretary of State reserving such name under Code Section 7-1-131.

7-9-11.5. (a) Upon receipt of the articles of merger or consolidation and the filings required by Code Section 7-9-11.4, the department shall conduct such investigation as it may deem necessary to ascertain whether:
(1) The articles of merger or consolidation and supporting items satisfy the requirements of this chapter; (2) The merger or consolidation plan and any modification thereof adequately protect the interests of creditors and shareholders; (3) The requirements for a merger or consolidation under all applicable laws have been satisfied and the resulting merchant acquirer limited purpose bank would satisfy the applicable requirements of this chapter; and (4) The merger or consolidation would not adversely impact the merchant acquirer limited purpose bank, entities engaged in merchant acquiring activities or settlement activities, or the payment card network. In making such a determination, the department will take into consideration competitive, financial, managerial, safety and soundness, compliance, and other concerns with respect to the merger or consolidation plan and all parties. (b) Within 90 days after receipt of the articles of merger or consolidation and the filings required by Code Section 7-9-11.4 or within an additional period of not more than 30 days after an amendment to the application is received within the initial 90 day period, the department shall, in its discretion, approve or disapprove such articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. Except as provided in Code Section 7-9-11.6, the department shall provide written notice of its approval along with a copy of the articles of merger or consolidation to the Secretary of State. The department shall provide parties to the merger or consolidation plan written notice of its decision and, in the event of disapproval, a general statement of explanation for its decision. The decision of the department shall be conclusive; provided, however, that such decision may be subject to judicial review as provided for in Code Section 7-1-90.

7-9-11.6. Upon payment of all required taxes, fees, and charges, the Secretary of State shall issue to any resulting merchant acquirer limited purpose bank a certificate of merger or consolidation with the approved articles of merger or consolidation attached thereto, provided that the name of the resulting merchant acquirer limited purpose bank in a merger or consolidation has been reserved by a merging or consolidating party or is available on

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the records of the Secretary of State. The resulting merchant acquirer limited purpose bank shall retain a copy of such certificate, articles, and approval by the department.

7-9-11.7. (a) A merger or consolidation of a merchant acquirer limited purpose bank shall become effective upon the issuance of a certificate of merger or consolidation by the Secretary of State. (b) A certificate of merger or consolidation shall be conclusive evidence of satisfactory performance of all conditions precedent to a merger or consolidation and of the existence or creation of a merchant acquirer limited purpose bank, except as against the state. (c) When a merger or consolidation becomes effective, each party to the merger or consolidation plan, except the resulting merchant acquirer limited purpose bank, shall cease to exist as a separate entity. Upon merger or consolidation, any parties to a merger or consolidation plan shall become a single corporation which shall be the merchant acquirer limited purpose bank and which shall have, without further act or deed, all property, rights, powers, duties, and obligations of each party to a merger or consolidation plan. (d) The articles of a resulting merchant acquirer limited purpose bank established from a merger shall be the same as its articles prior to the merger with any change stated in the articles of merger. The articles of a resulting merchant acquirer limited purpose bank established from a consolidation shall be the same as its articles prior to the consolidation with any change stated in the articles of consolidation. (e) A resulting merchant acquirer limited purpose bank shall be authorized to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation. (f) No liability of any party to a merger or consolidation plan or of its shareholders, directors, or officers shall be affected nor shall any lien on any property of a party to the plan be impaired by a merger or consolidation. Any claim existing or action pending by or against any party to a merger or consolidation plan may be prosecuted to judgment as if a merger or consolidation had not taken place or a resulting merchant acquirer limited purpose bank may be substituted in place of such appropriate party of a plan of proposed merger or consolidation.

7-9-11.8. (a) A shareholder of a merchant acquirer limited purpose bank which is a party to a plan of proposed merger or consolidation under this chapter who objects to such plan shall be entitled to the rights and remedies of a dissenting shareholder as determined under Chapter 2 of Title 14, known as the 'Georgia Business Corporation Code.' (b) A resulting merchant acquirer limited purpose bank into which other or others have been merged or consolidated may require the return of original certificates of stock held

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by each shareholder in each or either of the merged or consolidated institutions, or in lieu thereof may:
(1) Issue to each shareholder new certificates for such number of shares of the resulting acquirer limited purpose bank; or (2) Cause to be paid or delivered to each shareholder the amount of cash or securities of any other corporation or combination of cash and such securities as, under the plan of merger or consolidation, such shareholder is entitled to receive."

PART V Criminal and related provisions

SECTION 5-1. Said title is further amended in Code Section 7-1-840, relating to criminal prosecutions and assistance with law enforcement, by revising subsection (a) as follows:
"(a) Upon discovery, by report or otherwise, of any apparent violation of any state or federal criminal law which is perpetrated through a deposit or loan account maintained at or which utilizes a monetary instrument issued by a financial institution located in this state or of any state or federal criminal law which relates to a financial institution, the department shall refer the matter to an appropriate law enforcement or prosecuting authority for further action. The appropriate state prosecuting authority shall have the right to submit to the grand juries of the respective counties of the state, or otherwise seek an indictment of, any criminal violations of the laws of Georgia known by it to have occurred in such counties. Similarly, any United States attorney may likewise submit to a grand jury, or otherwise seek an indictment of, any criminal violations of the laws of Georgia which also constitute violations of the laws of the United States applicable to such financial institution. Nothing herein shall be so construed as to prevent the appropriate state prosecuting authority or other persons from proceeding in such cases by affidavit and warrant."

SECTION 5-2. Said title is further amended by revising Code Section 7-1-842, relating to felonies of directors, officers, agents, and employees of financial institutions and aiding and abetting false entries, as follows:
"7-1-842. Any director, officer, agent, or employee of a financial institution who knowingly:
(1) Makes any false entry in any book, report, or statement of the financial institution or who omits or concurs in omitting to make any material entry in its books or accounts with intent in either case to injure or defraud the financial institution or any other company, firm, or person or to deceive any officer of the financial institution, the commissioner, or any examiner and every person who with like intent aids or abets any officer, director, clerk, agent, or employee in making any false entry, report, or statement or omitting to

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make any material entry on its books and accounts shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years. (2) While in charge of or employed in a financial institution, allows it to receive a deposit when he or she knows the financial institution to be insolvent shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years if loss or injury shall result to such depositor. (3) By letterheads, newspaper advertisements, signs, circulars, or otherwise, represents the capital stock of any financial institution to be in excess of the capital actually paid in or who knowingly makes or concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement therein which is false or who knowingly omits or concurs in omitting any statement required by law or to be contained therein shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than five years. (4) Uses information obtained through his or her association with the financial institution which he or she serves as a director, officer, agent, or employee, which is not otherwise publicly available, with the intent to realize personal gain or to cause financial harm to another party shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or twice the amount of improper gain realized, whichever is less, or by imprisonment for not less than one year nor more than five years, or both."

PART VI Mortgage lenders and brokers

SECTION 6-1. Said title is further amended by replacing "Nationwide Mortgage Licensing System and Registry" with "Nation-wide Multistate Licensing System and Registry" wherever the former phrase occurs in:
(1) Code Section 7-1-1000, relating to definitions relative to mortgage lenders and brokers; (2) Code Section 7-1-1001, relating to registration requirements and exemptions for mortgage lenders and brokers; (3) Code Section 7-1-1002, relating to transaction of lending business without a license and liability; (4) Code Section 7-1-1003.5, relating to Nationwide Mortgage Licensing System and Registry; (5) Code Section 7-1-1003.6, relating to privileged or confidential nature of information provided to the Nationwide Mortgage Licensing System and Registry; (6) Code Section 7-1-1004, relating to issuance or denial of license for a mortgage broker or lender;

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(7) Code Section 7-1-1004.1, relating to reports of condition by mortgage broker and lender; (8) Code Section 7-1-1004.2, relating to ability of mortgage broker and lender licensee to challenge information in the Nationwide Mortgage Licensing System and Registry; (9) Code Section 7-1-1005, relating to the renewal and expiration of licenses and registrations of mortgage lenders and brokers; (10) Code Section 7-1-1011, relating to annual fees set by department for mortgage loan originator, mortgage broker, and mortgage lender; (11) Code Section 7-1-1013, relating to the prohibition of certain acts by licensees and registrants; and (12) Code Section 7-1-1016, relating to regulations relevant to advertising by mortgage broker and mortgage lenders.

SECTION 6-2. Said title is further amended in Code Section 7-1-1004, relating to issuance or denial of license for a mortgage broker or lender and prelicensing education requirements, by adding a new paragraph to subsection (e) and revising paragraphs (8) and (9) of subsection (g) as follows:
"(6) The department is authorized to enact rules and regulations related to the expiration of prelicensing education." "(8) A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license or the prelicensing education in the event the prelicensing education has expired pursuant to the rules and regulations of the department. (9) An individual meeting the requirements of subsection (e) of Code Section 7-1-1005 may make up any deficiency in continuing education as established by rule or regulation of the department."

PART VII Building and loan associations and various changes

SECTION 7-1. Said title is further amended in Code Section 7-1-4, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, by revising paragraphs (7), (8), (17), and (21) as follows:
"(7) 'Bank' means a corporation existing under the laws of this state on April 1, 1975, or organized under this chapter and authorized to engage in the business of receiving deposits withdrawable on demand or deposits withdrawable after stated notice or lapse of time; 'bank' shall also include national banks located in this state for the purpose of Part 6 of Article 2 of this chapter, relating to deposits, safe-deposit agreements, and

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money received for transmission, and Article 8 of this chapter, relating to multiple deposit accounts; provided, however, that the term 'bank' shall not include a credit union, a savings and loan association, or a licensee under Article 4 of this chapter, but shall include a federal or state credit union for the purposes of Part 6 of Article 2 of this chapter, provided that this inclusion is not intended to grant or expand any powers to credit unions not authorized in Part 6 of Article 2 of this chapter or by other law. (8) Reserved." "(17) 'Depositor' means any person or corporation who shall deposit money or items for the payment of money in any financial institution, which funds are subsequently (allowing time for collections) withdrawable either on demand or after a stated notice or lapse of time, whether interest is allowed thereon or not, and shall also include:
(A) Holders of demand and time certificates of deposit; (B) Owners of certified or cashiers' checks and checks purchased from a licensee under Article 4 of this chapter; and (C) Shareholders in credit unions, federal credit unions, and savings and loan associations to the extent that funds paid in by them are withdrawable within the terms of this definition." "(21) 'Financial institution' means: (A) A bank; (B) A trust company; (C) Reserved; (D) A credit union; (E) A corporation licensed to engage in the business of selling payment instruments in this state on April 1, 1975, or so licensed pursuant to Article 4 of this chapter; (F) Business development corporations existing on April 1, 1975, pursuant to the former 'Georgia Business Development Corporation Act of 1972,' approved April 3, 1972 (Ga. L. 1972, p. 798), or organized pursuant to Article 6 of this chapter; (G) An international bank agency doing business in this state on April 1, 1975, pursuant to the former 'International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter; (H) In addition, as the context requires, a national bank, savings and loan association, or federal credit union for the purpose of the following provisions:
(i) Code Section 7-1-2, relating to findings of the General Assembly; (ii) Code Section 7-1-8, relating to supplementary principles of law; (iii) Code Section 7-1-37, relating to restrictions on officials and personnel; (iv) Code Section 7-1-70, relating to disclosure of information; (v) Code Section 7-1-90, relating to judicial review of department action; (vi) Code Sections 7-1-111 and 7-1-112, relating to emergency closings and business restrictions;

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(vii) Paragraph (3) of subsection (a) of Code Section 7-1-394, relating to criteria to be considered in approving new banks; (viii) Code Section 7-1-840, relating to criminal prosecutions; and (ix) Code Section 7-1-841, relating to application of Title 16 provisions; (I) A bank holding company as defined in Code Section 7-1-605 for the purposes of Code Sections 7-1-61, 7-1-71, and 7-1-91; (J) Banks chartered by states other than Georgia for the purposes of paragraph (10) of Code Section 7-1-261, relating to agency relationships; and (K) Federal credit unions for the purposes of Part 6 of Article 2 of this chapter, relating to deposits, safe-deposit agreements, and money received for transmission, and Article 8 of this chapter, relating to multiple-party accounts."

SECTION 7-2. Said title is further amended by revising Code Section 7-1-10, relating to rules of construction relative to financial institutions, as follows:
"7-1-10. (a) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to this title. (b) Unless otherwise specifically indicated and to the full extent permitted by the Constitution of Georgia, any reference in this title to an existing statute or regulation shall mean to such statute or regulation as has been or may in the future be amended or have material added to it. If in any case such construction is not constitutionally permissible, such reference shall mean to the statute or regulation as it existed on July 1, 2016. (c) Any reference in this title to an action by a superior court or other court shall authorize a judge of such court to take such action in term or in vacation, whether present in the county or absent from it."

SECTION 7-3. Said title is further amended by revising Code Section 7-1-77, relating to approval by commissioner of state or federal rules and regulations affecting financial institutions, as follows:
"7-1-77. Any rule, regulation, order, or administrative directive issued by a state official, agency, or entity which is intended to be applicable to banks, banking associations, bank holding companies, savings and loan associations, credit unions, or companies engaged in selling money orders or any other company or financial institution under the supervision of the commissioner and required to report to the commissioner or subject to rules and regulations issued by the commissioner shall be effective as to any such company or financial institution only after the rule, regulation, order, or other directive has been approved in writing by the commissioner. Nothing in this Code section shall be construed to modify, limit, or otherwise restrict the authority of the department to conduct an examination, bring

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a civil or administrative action, or otherwise enforce state or federal laws against a financial institution."

SECTION 7-4. Said title is further amended by striking "a building and loan association,"; "building and loan associations,"; "'building and loan associations and"; ", building and loan association,"; "building and loan association,"; "building and loan"; "building and loan association or"; "a building and loan association or"; "or 'building and loan'"; "building and loan or"; or "Georgia building and loan associations," wherever such term appears in:
(1) Code Section 7-1-192, relating to notice to depositors and other creditors to present claims; (2) Code Section 7-1-310, relating to powers to act as fiduciary and in other representative capacities; (3) Code section 7-1-355, relating to agreements concerning safe deposits; (4) Code Section 7-1-608, relating to lawful and unlawful acquisitions, formation, and mergers of bank holding companies; (5) Code Section 7-1-740, relating to definitions relative to business development corporations; (6) Code Section 7-1-747, relating to applying for membership and loans by members of a business development corporation; (7) Code Section 7-1-758, relating to tax exemptions and state and local occupational license taxes; (8) Code Section 7-1-777, relating to principal and branch offices of building and loan associations and savings and loan associations; (9) Code Section 7-1-779, relating to use of term "savings and loan," "building and loan," or other terms likely to mislead public as to nature of business; (10) Code Section 7-1-780, relating to lien on deposits to secure loans; (11) Code Section 7-1-786, relating to taxation of building and loan associations and savings and loan associations; (12) Code Section 7-1-787, relating to building and loan associations and savings and loan associations exemptions from securities regulations; (13) Code Section 7-1-788, relating to nondisqualification of interested notaries and other officers of building and loan associations and savings and loan associations; (14) Code Section 7-1-789, relating to deposits by minors, safe-deposit boxes, third-party payment accounts, and validity releases in building and loan associations and savings and loan associations; (15) Code Section 7-1-790, relating to deposits of fiduciaries in building and loan associations and savings and loan associations; (16) Code Section 7-1-791, relating to payment on death of depositor by building and loan associations and savings and loan associations;

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(17) Code Section 7-1-792, relating to deposits applied to funeral expenses of a depositor, building and loan association, or savings and loan association; (18) Code Section 7-1-793, relating to investment of funds in insured deposits in building and loan associations and savings and loan associations; (19) Code Section 7-1-795, relating to savings account books and certificates of building and loan associations and savings and loan associations; (20) Code Section 7-1-796, relating to insanity, incompetency, bankruptcy, or death of depositor in building and loan associations and savings and loan associations; (21) Code Section 7-1-940, relating to definitions relative to small minority business development corporations; (22) Code Section 7-1-947, relating to applicant for membership and loan requirements for small minority business development corporations; (23) Code Section 7-1-958, relating to tax exemptions, credits, privileges, and occupational license taxes for small minority business development corporations; (24) Code Section 7-1-1001, relating to registration requirements and exemptions for mortgage lenders and brokers; and (25) Code Section 7-3-6, relating to exemptions from chapter regarding industrial loans.

SECTION 7-5. Said title is further amended in Code Section 7-1-241, relating to restrictions on engaging in banking business, by revising subsection (a) as follows:
"(a) No person or corporation may lawfully engage in this state in the business of banking or receiving money for deposit or transmission or lawfully establish in this state a place of business for such purpose, except a bank, a national bank, a credit union to the extent provided in Article 3 of this chapter, a licensee engaged in selling payment instruments to the extent permitted by Article 4 of this chapter, an international banking agency to the extent provided in Article 5 of this chapter, or a savings and loan association to the extent provided by the laws of the United States."

SECTION 7-6. Said title is further amended by revising Code Section 7-1-289, relating to security for deposits, as follows:
"7-1-289. (a) A bank may pledge or otherwise grant security interests in its assets to secure deposits of:
(1) Public funds; (2) Funds of a pension fund for employees of a public body of the state; (3) Funds for which a public body of the state or an officer or employee thereof or any court of law is the custodian or trustee pursuant to statute; (4) Funds held by the department as receiver; (5) Funds which are required to be secured by law or by an order of a court;

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(6) Its own fiduciary funds or the fiduciary funds of an affiliate. In either case, the funds shall be deposited with the pledging institution and held in its commercial department; and (7) Public funds deposited in another bank. (b) Except for the deposits listed in subsection (a) of this Code section, a bank may not pledge or otherwise grant security interests in its assets as security for deposits unless otherwise specifically approved in writing by the department."

SECTION 7-7. Said title is further amended in Code Section 7-1-293, relating to savings banks and state savings and loan associations, by revising subsections (c) through (e) and (h) as follows:
"(c) A savings bank shall provide its depositors with deposit insurance coverage pursuant to those deposit insurance provisions of this chapter applicable to commercial banks. A state savings and loan association shall provide its depositors, but not its shareholders, with deposit insurance coverage.
(d) Reserved. (e) The conversion, merger, or consolidation of a federal savings and loan association or federal savings bank, including a federal mutual savings and loan association or federal mutual savings bank, shall be accomplished pursuant to the same procedures as are prescribed in this chapter for a conversion, merger, or consolidation involving a national bank, provided that the approval of such conversion by the members of such association or bank shall be by such vote as is required in the articles of association and bylaws of such association or bank. A federal mutual savings and loan association or federal mutual savings bank shall upon conversion be and be known as a mutual savings bank. In considering any plan for the conversion, merger, or consolidation of a federal savings and loan association or federal savings bank or conversion of a building and loan association, the department shall not approve the plan unless it is satisfied that such plan is fair and equitable to all borrowers, depositors, and shareholders." "(h) Except as provided therein, Article 1 of this chapter and all other parts of this article shall apply to all mutual savings banks, savings banks, and state savings and loan associations and unless specifically exempt therein, all rules and regulations promulgated by the department applicable to banks shall be applicable to mutual savings banks, savings banks, and state savings and loan associations."

SECTION 7-8. Said title is further amended in Code Section 7-1-353, relating to adverse claims to deposits and property held in safe deposit, by revising paragraph (1) of subsection (b) as follows:
"(1) A court order, distraint, levy, garnishment, or other effective legal process;"

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SECTION 7-9. Said title is further amended in Code Section 7-1-436, relating to voting of shares of banks and trust companies, by revising subsections (c) and (h) as follows:
"(c) The chairman of the board, chief executive officer, president, any vice-president, the secretary, or the treasurer of a corporation which is the holder of record of shares of a bank or trust company shall be deemed by the bank or trust company to have authority to vote such shares and to execute proxies and written waivers and consents in relation thereto, whether such shares are held in a fiduciary capacity or otherwise, unless, before a vote is taken or a waiver of consent is acted upon, it is made to appear by a certified copy of the bylaws or resolution of the board of directors or executive committee of the corporation holding such shares that such authority does not exist or is vested in some other officer or person. In the absence of such certification, a person executing any such proxies, waivers, or consents or presenting himself or herself at a meeting as one of such officers of a corporate shareholder shall, for the purposes of this Code section, be prima facie deemed to be duly elected, qualified, and acting as such officer and to be fully authorized; and, in the case of conflicting representation, the corporate shareholder shall be deemed to be represented by its senior officer in the order first stated in this subsection." "(h) Notwithstanding subsections (a) through (g) of this Code section, a corporation shall be protected from liability in relying on and treating the persons in whose names shares stand on the record of shareholders as the owners thereof for all purposes."

SECTION 7-10. Said title is further amended in Code Section 7-1-441, relating to restrictions on derivative actions by shareholders of banks and trust companies, by revising subsection (a) as follows:
"(a) In a derivative action involving a right which a bank or trust company may have properly asserted, but which its representatives wrongfully failed to enforce that has been brought by one or more shareholders of a bank or trust company to procure a judgment in its favor, the complaint shall be verified and shall allege that the plaintiff is a shareholder of record at the time of bringing the action. It shall further allege:
(1) That the plaintiff had purchased his or her shares or was a shareholder of record at the time of the transaction of which he or she complains or that his or her shares thereafter devolved on him or her through one or more transfers by operation of law from one who was a holder of record or member at such time; or (2) That the plaintiff is the holder of record of shares which at the time of the transaction of which he or she complains were held of record by a trustee of a trust in which the plaintiff held a beneficial interest or in which a beneficial interest was held by one from whom the shares have devolved upon the plaintiff through one or more transfers by operation of law."

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SECTION 7-11. Said title is further amended in Code Section 7-1-488, relating to officers, agents, employees, and employee share plans of banks and trust companies, by revising subsection (b) as follows:
"(b) Except as otherwise provided in the articles or bylaws, the board of directors shall elect the officers, fix their compensation, and fill vacancies, however occurring. An officer elected or appointed by the board may be removed by the board at any time, whenever in its judgment the best interests of the institution will be served thereby, without prejudice to any contract right of such officer. The department shall immediately be notified in writing when the individual holding the position of chief executive officer or president of the bank changes."

SECTION 7-12. Said title is further amended in Code Section 7-1-600, relating to definitions relative to bank branches, offices, facilities, and holding companies, by revising paragraph (1) as follows:
"(1) 'Bank' means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other commercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances, or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies, and other corporations doing a banking business and may include corporations who provide some or all of the financial services listed in this paragraph by technological means in lieu of or in addition to traditional geographically based delivery systems but, unless the context otherwise indicates, shall not include national banks or similar corporations. Such term shall include 'main office' and any 'branch office,' unless the context indicates that it does not."

SECTION 7-13. Said title is further amended in Code Section 7-1-605, relating to when a company is deemed to control shares in a bank holding company, by revising paragraph (2) of subsection (b) as follows:
"(2) 'Company' means any corporation, limited liability company, partnership, business trust, association, commercial entity regardless of organizational structure, or any other trust unless by its terms it must terminate within 25 years or not later than 21 years and ten months after the death of individuals living on the effective date of the trust, but shall not include any corporation the majority of the shares of which are owned by the United States or by any state or any qualified family partnership as defined in the federal Bank Holding Company Act of 1956, as amended."

SECTION 7-14. Said title is further amended in Code Section 7-1-611, relating to penalties for violations of certain provisions relative to banks and bank holding companies, as follows:

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"7-1-611. Any bank, bank holding company, or company (as defined in Code Section 7-1-605) which violates subsection (a) of Code Section 7-1-601 or any provision of Code Section 7-1-602, Code Section 7-1-603, or Code Sections 7-1-605 through 7-1-608 shall be subject to civil monetary penalties of not less than $500.00 nor more than $5,000.00 unless it shall cease and desist therefrom within 60 days after notice of any such violation served on it by the department. Each day on which such violation occurs shall constitute a separate offense."

SECTION 7-15. Said title is further amended by revising Code Section 7-1-770, relating to definitions relative to building and loan associations and savings and loan associations, as follows:
"7-1-770. As used in this article: (1) An association is 'local' if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien or security title on real estate. Any such association may purchase real estate loans or interests in real estate loans which are made and owned by any savings and loan association to the extent authorized by the regulations of the department, provided that such regulations shall not permit the purchase of loans or interests in loans of any type or in any amounts (per individual loan or in the aggregate) which are not permitted by law to be purchased by savings and loan associations with principal offices in this state. (2) An association is 'mutual' if all depositors in such association participate in the income of such association and if all borrowers are privileged to vote at least one vote at any meeting of members, it being unnecessary that any borrower should subscribe to or purchase any shares or be entitled to participate in any way in the income of such association."

SECTION 7-16. Said title is further amended by repealing and reserving:
(1) Code Section 7-1-771, relating to members and voting by a building and loan association; (2) Code Section 7-1-772, relating to presentation, contents, and execution of articles of a building and loan association; (3) Code Section 7-1-775, relating to filing and processing articles of incorporation and amendments for a building and loan association; (4) Code Section 7-1-776, relating to certificate of incorporation or amendment issued by the Secretary of State for building and loan association; (5) Code Section 7-1-778, relating to rules and regulations governing building and loan associations; (6) Code Section 7-1-782, relating to effect on conversion into savings and loan association;

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(7) Code Section 7-1-784, relating to previous conversions from a savings and loan association into a building and loan association; (8) Code Section 7-1-785, relating to effect of conversion into a building and loan association; and (9) Code Section 7-1-797, relating to building and loan association deposit insurance requirements and public notice.

SECTION 7-17. Said title is further amended by revising Code Section 7-1-781, relating to conversion of a financial institution to a savings and loan, as follows:
"7-1-781. Any other financial institution existing under the laws of this state doing a home financing business may convert itself into a savings and loan association in accordance with Section 5 of the Home Owners' Loan Act, 12 U.S.C. Section 1464, upon a vote of 51 percent or more of the votes of the members cast at an annual meeting or at any special meeting called to consider such action."

SECTION 7-18. Said title is further amended by revising Code Section 7-1-783, relating to previous conversions into savings and loan associations ratified, as follows:
"7-1-783. Any corporation which has converted itself prior to April 1, 1975, into a savings and loan association under the Home Owners' Loan Act and has received a charter from the Federal Home Loan Bank Board shall be recognized as a savings and loan association, and its federal charter shall be given full credence by the courts of this state to the same extent as if such conversion had taken place under this article."

SECTION 7-19. Said title is further amended in Code Section 7-1-841, relating to applicability of Title 16 to financial institutions, by revising subsection (a) as follows:
"(a) The following provisions of Title 16 are expressly made applicable to financial institutions, their directors, officers, agents, and employees and persons or corporations having dealings with, supervision over, or other contact with financial institutions:
(1) Article 2 of Chapter 7 of Title 16, relating to damage to property; (2) Article 3 of Chapter 7 of Title 16, relating to arson and related offenses; (3) Article 1 of Chapter 7 of Title 16, relating to burglary and related offenses; (4) Chapter 9 of Title 16, relating to deceptive practices; (5) Chapter 8 of Title 16, relating to theft, including robbery; (6) Article 1 of Chapter 10 of Title 16, relating to abuse of government office; and (7) Article 4 of Chapter 10 of Title 16, relating to perjury and other falsifications."

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SECTION 7-20. Said title is further amended by revising Code Section 7-1-843, relating to certain misdemeanors of directors, officers, agents, and employees of financial institutions, as follows:
"7-1-843. Any officer, director, agent, or employee of any financial institution who shall perform the following acts or deeds shall be guilty of a misdemeanor:
(1) Advertises by any office sign or upon any letterhead, billhead, bank note, receipt, certificate, or circular or on any written or printed paper that the deposits in said financial institution are insured or guaranteed, unless such deposits in said financial institution are, in fact, insured and guaranteed as required by Code Sections 7-1-244 and 7-1-666 or regulation or action of the department pursuant thereto. (2) Intentionally conceals from the directors of any financial institution or from the committee to whom the directors have delegated authority to pass on loans and discounts any discount or loan made for and in behalf of said financial institution or the purchase or sale of any evidence of indebtedness or agreement for the payment of money. (3) Uses or applies any part of the capital or other funds of any financial institution to the purchase of shares of its own stock, unless such purchase shall be necessary to prevent loss upon a debt previously contracted in good faith under Code Section 7-1-263 or is otherwise permitted by law. (4) Concurs in any vote or act of the directors of such financial institution by which it is intended to declare a dividend or reduce or make a distribution of capital, except as authorized by Code Section 7-1-460 or 7-1-461 or otherwise under this chapter or other applicable law. (5) Discounts or receives any evidence of indebtedness or agreement for the payment of money in payment of any subscription for common or preferred shares or with intent to enable any shareholder to withdraw any part of the money paid by him for shares held in the financial institution. (6) Knowingly and willfully issues, participates in issuing, or concurs in any vote of the directors to issue any increase of its capital beyond the amount of the capital thereof duly authorized by or in pursuance of law or who knowingly or willfully sells or agrees to sell or who is interested, directly or indirectly, in the sale of any such shares of stock of such financial institution or in any agreement to sell the same. (7) Certifies any check, draft, or order where the drawer of such check, draft, or order does not have on deposit with the financial institution at the time of such certification an amount of money equal to the amount specified in such check, draft, or order or fails to charge or set aside such amount from the deposit of the drawer immediately for the purpose of paying such certified check, draft, or order when presented. (8) Makes or consents to the making of any conveyance, assignment, transfer, mortgage, or lien with intent to hinder, delay, or defraud creditors, after insolvency of the financial

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institution or in contemplation thereof, whether the same is made to an innocent purchaser or to any other person."

SECTION 7-21. Said title is further amended in Code Section 7-1-845, relating to miscellaneous acts by financial institutions and directors, officers, agents, and employees to be treated as felonies, by revising paragraph (3) of subsection (a) as follows:
"(3) Willfully engages in the business of: (A) A bank in violation of Code Section 7-1-241; (B) A trust company in violation of Code Section 7-1-242; (C) A credit union in violation of Code Section 7-1-633; (D) Selling payment instruments before receiving a license as required by Code Section 7-1-681; (E) An international bank agency before receiving the license required by Code Section 7-1-713; (F) A business development corporation before approval of the department is granted under Code Section 7-1-743; or (G) Transacting business either directly or indirectly as a mortgage loan originator, mortgage broker, or mortgage lender unless licensed by the department or exempt from licensing pursuant to Code Section 7-1-1001; or"

SECTION 7-22. Said title is further amended in Code Section 7-1-911, relating to definitions relative to records and reports of currency transactions, by revising paragraph (6) as follows:
"(6) 'Financial institution' means: (A) A state or national bank; (B) A trust company; (C) A state savings and loan association, or a federal savings and loan association; (D) A state or federal credit union; (E) An international bank agency doing business in this state on April 1, 1975, pursuant to the former 'International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter; or (F) A licensee under Article 4 or Article 4A of this chapter and such other persons as may be engaged in the business of: (i) Cashing payment instruments for a fee; or (ii) Performing transactions by wire or other electronic means to facilitate the movement or transfer of money."

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SECTION 7-23. Said title is further amended in Code Section 7-2-11, relating to supervision by the department of credit union deposit insurance corporations, by revising subsection (a) as follows:
"(a) The corporation shall not be deemed an insurance company within the meaning of the laws of the State of Georgia relating to insurance or providing for the supervision of insurance companies, but it shall be subject to the exclusive supervision of the department. The department shall exercise the same powers and authority over the corporation as is now or hereafter exercised over banks, and credit unions under its jurisdiction and shall issue such rules and regulations as shall be necessary to carry out its responsibilities under this chapter."

PART VIII Repealer

SECTION 8-1. All laws and parts of laws in conflict with this Act are repealed.

Approved April 26, 2016.

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FOOD, DRUGS, AND COSMETICS REGULATION OF CERTAIN AVIAN MEAT PRODUCTS AND FACILITIES.

No. 451 (House Bill No. 815).

AN ACT

To amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat inspection, so as to provide for the inspection and regulation of certain avian meat products and facilities related to the processing of such products for human consumption; to provide for uniformity; to remove an obsolete provision relating to enforcement responsibility; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat inspection, is amended in Code Section 26-2-62, relating to definitions relative to meat inspection, by revising paragraph (13.1) as follows:
"(13.1) 'Nontraditional livestock' means: (A) The species of Artiodactyla (even-toed ungulates) listed as antelope, bison, buffalo, catalo, elk, deer other than white-tailed deer, and water buffalo that are held and possessed legally under the wild animal provisions of Chapter 5 of Title 27; and (B) Any avian species which are grown commercially for slaughter and preparation as human food but are not amenable to the Federal Poultry Products Inspection Act; provided, however, that such term shall not include any such avian species raised for recreational purposes which are not sold at wholesale or retail."

SECTION 2. Said article is further amended by revising Code Section 26-2-64, relating to applicability, as follows:
"26-2-64. Consistent with the Federal Meat Inspection Act, 21 U.S.C. Section 601, et seq., the Commissioner may exercise concurrent jurisdiction with the secretary of agriculture of the United States and may enforce this article and any regulations promulgated pursuant thereto without regard to licensing agency."

SECTION 3. Said article is further amended in Code Section 26-2-106, relating to inspection of meat and meat food products in retail and other service establishments, by revising subsection (c) as follows: See Compiler's Note below.

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

Compiler's Note - Section 3 amended Code Section 26-2-106 by revising subsection (c). The stricken text read as follows:
"(c) It shall be the responsibility of the consumer protection division field force sanitarian to supervise and enforce this Code section."
Approved April 26, 2016.

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PROFESSIONS AND BUSINESSES PROFESSIONAL LICENSING AND OTHER BOARDS; ADOPT RULES FOR MILITARY SPOUSES AND TRANSITIONING SERVICE MEMBERS TO QUALIFY FOR TEMPORARY LICENSES, LICENSES BY ENDORSEMENT, EXPEDITED LICENSES, OR A COMBINATION THEREOF.

No. 452 (House Bill No. 821).

AN ACT

To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, so as to require professional licensing boards and other boards to adopt rules and regulations implementing a process by which military spouses and transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof for each profession, business, or trade for which a license is issued; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Military Spouses and Veterans Licensure Act."

SECTION 2. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, is amended by adding a new Code section to read as follows:
"43-1-34. (a) As used in this Code section, the term:
(1) 'License' means a document, permit, certificate of registration, or other authorization issued by or on behalf of a professional licensing board or other board that is required under this title for a person to engage in a profession, business, or trade. (2) 'Military' means the United States armed forces, including the National Guard. (3) 'Military spouse' means a spouse of a service member or transitioning service member. (4) 'Other board' means a board created pursuant to this title that is not a professional licensing board.

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(5) 'Service member' means an active or reserve member of the armed forces, including the National Guard. (6) 'Transitioning service member' means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation. (b) No later than July 1, 2017, each professional licensing board and other board shall adopt rules and regulations implementing a process by which military spouses and transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof for each profession, business, or trade for which a license is issued. Such process may include the issuance of a license to an applicant based upon such applicant: (1) Holding a license from another state for which the training, experience, and testing substantially meet or exceed the requirements under this state to obtain a license; and (2) Obtaining a specialty, certification, training, or experience in the military while a service member which substantially meets or exceeds the requirements to obtain a license in this state. (c) Any professional licensing board or other board created after June 30, 2016, shall adopt within one year of its creation the rules and regulations required by subsection (b) of this Code section."

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

Approved April 26, 2016.

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REVENUE TAXATION SALES AND USE TAX; DEFINITION OF "ENERGY USED IN AGRICULTURE."

No. 453 (House Bill No. 822).

AN ACT

To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use tax, so as to provide for a change in a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use tax, is amended by revising paragraph (4) of subsection (a) of Code Section 48-8-3.3, relating to the sales and use tax exemption for agricultural machinery and equipment, as follows:
"(4) 'Energy used in agriculture' means fuels used for agricultural purposes, other than fuels subject to prepaid 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."

SECTION 2. This Act shall become effective on July 1, 2016.

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

Approved April 26, 2016.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS REEMPLOYMENT OF CERTAIN MEMBERS OF NATIONAL GUARD.

No. 454 (House Bill No. 831).

AN ACT

To amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions for certain military personnel, so as to require that private employers reemploy certain members of the National Guard of

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another state who have been discharged or suspended from employment by his or her employer due to being called into active state service; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and cited as the "Protecting Guardsmen's Employment Act."

SECTION 2. Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions for certain military personnel, is amended by revising subsection (d) of Code Section 38-2-280, relating to reemployment in private industry, various types of absences, injunction to compel, and Attorney General's aid, as follows:
"(d) The benefits, rights, and privileges granted to persons in the military service by this Code section shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service by the commander-in-chief of such force for a purpose identified in subsection (a) or (b) of Code Section 38-2-6 or Code Section 38-2-6.1 or who has been called to state-sponsored active duty as part of the National Guard of another state by that state's Governor, and who because of such active state service is discharged by his or her employer or whose employment is suspended by his or her employer because of such active state service and who, being qualified to perform the duties of the position, makes application for reemployment or termination of the period of his or her suspension within ten days after such discharge or suspension. In the event that the member of the Georgia National Guard or a member of any other reserve component of the armed forces of the United States is serving in active state service at the time of receipt of notice of the discharge or suspension the aforesaid ten-day period within which application must be made shall not commence to run until the day next following the date of termination of such active state service."

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

Approved April 26, 2016.

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CONSERVATION AND NATURAL RESOURCES GAME AND FISH RULES AND REGULATIONS TO ESTABLISH CRIMINAL VIOLATIONS; FERAL HOGS DEFINITION; WILDLIFE EXHIBITION PERMITS FOR FILM INDUSTRY.

No. 456 (House Bill No. 840).

AN ACT

To amend Title 12 and Title 27 of the Official Code of Georgia Annotated, relating to conservation and natural resources and game and fish, respectively, so as to change provisions relating to rules and regulations used to establish criminal violations; to revise a definition relating to feral hogs; to authorize the grant of wildlife exhibition permits for use by the film industry; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in Code Section 12-2-2, relating to the Environmental Protection Division and the Department of Natural Resources generally, by revising paragraph (5) of subsection (c) as follows:
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 2016."

SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-1-2, relating to definitions relative to game and fish, by revising paragraph (28) as follows:
"(28) 'Feral hog' means any hog which has lived any part of its life in a wild, free-ranging state and is currently in such state or has been taken."

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SECTION 3. Said title is further 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, 2016."

SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"27-2-13.1. (a)(1) For purposes of this subsection, the term 'film production' means the creation of film, video, or digital projects in this state, including, but not limited to, the creation of feature films, documentaries, series, pilots, movies for television, advertisements, music videos, and interactive entertainment. (2) It shall be unlawful for any person to keep, hold, or possess any wildlife in captivity for film production purposes or to otherwise provide wildlife for use in film production without first procuring a film production wildlife permit as provided in Code Section 27-2-23. No wildlife may be possessed by the applicant prior to a film production wildlife permit being granted by the department, unless such wildlife was legally possessed by the applicant prior to the grant of the permit. The department may impose conditions on such permit requiring adequate sanitation facilities, housing, and feed for the animals and insuring the safety of the public in accordance with regulations promulgated by the board. (3) A permit issued pursuant to this subsection shall authorize the permit holder to transport, possess, or transfer wildlife for any permitted purpose related to film production; provided, however, that possession of a permit shall not exempt the holder from any other local, state, or federal requirements.
(b) It shall be unlawful for any person holding any wildlife in captivity pursuant to a permit issued in accordance with this Code section to release the wildlife from captivity or to house or maintain the wildlife in such a manner as to pose a reasonable possibility that the wildlife may be released accidentally or escape from captivity."

SECTION 5. Said title is further amended in Code Section 27-2-23, relating to license, permit, tag, and stamp fees, by adding two new subparagraphs to paragraph (8) to read as follows:

"(W) Resident film production wildlife permit

Annual

300.00

(X) Nonresident film production wildlife permit

Annual

600.00"

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SECTION 6. This Act shall become effective on July 1, 2016, and shall apply to all offenses occurring on or after such date.

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

Approved April 26, 2016.

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RETIREMENT AND PENSIONS GEORGIA FIREFIGHTERS' PENSION FUND; TAXATION OF INSURANCE PREMIUMS; VENUE.

No. 457 (House Bill No. 844).

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 update certain language related to determining which insurance premiums are subject to taxation related to the fund; to provide that venue for any action brought in the superior court against the fund or the board shall be in the superior court of the board's county of domicile; 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 paragraph (2) of subsection (a) of Code Section 47-7-61, relating to tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, as follows:
"(2) If property covered under any policy for which gross premiums are reported as required by paragraph (1) of this subsection is served by public fire suppression facilities, and such property is rated less favorably than a class nine rating under standards set forth in the Fire Suppression Rating Schedule, 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

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published by an organization licensed by the Commissioner of Insurance utilizing similar ratings, and which standards are maintained on file with the Commissioner of Insurance and have not been disapproved by the Commissioner, then and to that extent the premiums under such policy shall be excluded in determining the tax imposed under this Code section. The amount of any exclusion of such tax shall be reported on the returns filed with the board."

SECTION 2. Said chapter is further amended by adding a new subsection to Code Section 47-7-124, relating to disposition of funds abandoned by members separated from the service, notice, and limitation on asserting certain claims, to read as follows:
"(d) The venue for actions arising under this chapter brought against the board or the fund in superior court, including, but not limited to, a judicial review of a final decision of the board, shall be in the superior court of the county of domicile of the board."

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

Approved April 26, 2016.

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COURTS LOCAL GOVERNMENT COUNTY LAW LIBRARY FEES; PROCEDURE FOR COLLECTION; COMPOSITION OF BOARD OF TRUSTEES; USE OF EXCESS FUNDS; AUDITS.

No. 458 (House Bill No. 851).

AN ACT

To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, and Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the procedure for collecting law library fees; to revise the composition of the board of trustees; to revise the uses of excess funds by a county law library; to require an annual audit of the financial affairs, books, and records of boards of trustees of the county law library; to provide for publication of such audit; 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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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising subsection (b) of Code Section 15-6-77, relating to fees and construction of other fee provisions, as follows:
"(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law."

SECTION 2. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by revising Code Section 36-15-1, relating to board of trustees created in each county, composition, chairperson, and quorum, as follows:
"36-15-1. There is created in each county in this state a board to be known as the board of trustees of the county law library, hereafter referred to as the board. The board shall consist of the chief judge of the superior court of the circuit in which the county is located; the judge of the probate court; the senior judge of the state court, if any; the district attorney of the circuit in which the county is located; a solicitor-general of the state court, if any; the clerk of the superior court; and two practicing attorneys of the county. The practicing attorneys shall be selected by the other trustees and shall serve at their pleasure. All of the trustees shall serve without pay. The chief judge of the superior court shall be chairperson of the board. A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board."

SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 36-15-7, relating to use of funds, as follows:
"(c) In the event the board of trustees determines in its discretion that it has excess funds, such funds as may be designated by the board of trustees shall be disbursed by the board of trustees to charitable tax-exempt organizations which provide civil legal representation for low-income people; used to purchase software, equipment, fixtures, or furnishings for any office related to county judicial facilities or services, including, but not limited to, courtrooms and jury rooms; or turned over to the county commissioners and used by the county commissioners for the purchase of software, equipment, fixtures, or furnishings for the courthouse."

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SECTION 4. Said chapter is further amended by revising subsection (f) of Code Section 36-15-9, relating to collection of additional costs in court cases, amount, determination of need as prerequisite to collection, and collection in certain criminal cases, as follows:
"(f) Reserved."

SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"36-15-13. Each board created pursuant to this chapter shall, at the end of each fiscal year for the preceding year, have an annual audit of its financial affairs, books, and accounts performed by the county accountant as employed pursuant to Code Section 36-1-10; the internal auditor employed by the governing authority of the county, if such internal auditor is a certified public accountant; or a certified public accountant. The determination of the performance of such audit by the county accountant, the internal auditor, or a certified public accountant shall be made by the board. Such audit shall be conducted in accordance with generally accepted accounting principles, including, but not limited to, a report on whether the control, deposit, and investment of funds, the receipt and investment of money and property, and the use of funds by such board have been conducted as provided for under this chapter. A copy of such audit shall be made available to the governing authority of the county and shall be a public document."

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

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

Approved April 26, 2016.

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HEALTH LEVELS OF CERTIFIED STROKE CENTERS; CERTIFICATION.

No. 459 (House Bill No. 853).

AN ACT

To amend Article 6 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the "Coverdell-Murphy Act," so as to update the current system of levels of certified stroke centers to reflect advances in stroke treatment and therapy; to authorize the Department of Public Health to establish additional levels; to provide for national certification; to provide for rules and regulations to implement the provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 6 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the "Coverdell-Murphy Act," is amended as follows:

"ARTICLE 6

31-11-110. The General Assembly finds and declares that:
(1) The rapid identification, diagnosis, and treatment of stroke can save the lives of stroke patients and in some cases can reverse neurological damage such as paralysis and speech and language impairments, leaving stroke patients with few or no neurological deficits; (2) Despite significant advances in diagnosis, treatment, and prevention, stroke is the fifth leading cause of death and the number one cause of disability in this country; an estimated 800,000 new and recurrent strokes occur each year in this country and with the aging of the population, the number of persons who have strokes is projected to increase; (3) Although new treatments are available to improve the clinical outcomes of stroke, many acute care hospitals often face challenges in obtaining staff and equipment required to optimally triage and treat stroke patients, including the provision of optimal, safe, and effective emergency care for these patients; (4) Although the Georgia Coverdell Acute Stroke Registry currently exists within the Department of Public Health as a program whose purpose is to increase improvement of the quality of acute stroke care through collaborative efforts with participating hospitals in this state, less than one-third of Georgia's hospitals are currently enrolled in the

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program. Therefore increased participation in and funding of this program in conjunction with the adherence to the tenets of this article would have profound effects on the quality of care for acute stroke patients in this state; (5) An effective system to support stroke survival is needed in our communities in order to treat stroke patients in a timely manner and to improve the overall treatment of stroke patients in order to increase survival and decrease the disabilities associated with stroke. There is a public health need for acute care hospitals in this state to establish stroke centers to ensure the rapid triage, diagnostic evaluation, and treatment of patients suffering a stroke; (6) At least three levels of stroke centers should be established for the treatment of acute stroke:
(A) Comprehensive stroke centers should be established in hospitals to provide complete and specialized care to patients who experience the most complex strokes, which require specialized testing, highly technical procedures, and other interventions and to provide education and guidance to primary and remote treatment stroke centers; (B) Primary stroke centers should be established in as many acute care hospitals as possible to evaluate, stabilize, and provide or arrange for treatment, care, and rehabilitative services to patients diagnosed with acute stroke; and (C) Remote treatment stroke centers should be established to evaluate, stabilize, and provide treatment to patients diagnosed with acute stroke in rural and other underserved areas of the state, because access to stroke care is limited in these areas due to the limited availability of professional specialists, high-tech imaging equipment, and transportation services; (7) Coordination between stroke centers should be encouraged through the establishment of coordinated stroke care agreements; and (8) Therefore, it is in the best interest of the residents of this state to establish a program to identify certified stroke centers throughout the state, to provide specific patient care and support services criteria that stroke centers must meet in order to ensure that stroke patients receive safe and effective care, and to provide financial support to acute care hospitals to encourage them to develop stroke centers in all areas of the state. Further, it is in the best interest of the people of this state to modify the state's emergency medical response system to assure that stroke patients may be quickly identified and transported to and treated in facilities that have specialized programs for providing timely and effective treatment for stroke patients.

31-11-111. As used in this article, the term 'department' means the same state agency or state board which regulates emergency medical services personnel and providers pursuant to this chapter.

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31-11-112. (a) The department shall identify hospitals that meet the criteria set forth in this article as comprehensive, primary, or remote treatment stroke centers. In addition, the department shall be authorized to establish one or more additional levels of stroke centers, in consultation with the Georgia Coverdell Acute Stroke Registry, as necessary based on advancements in medicine and patient care. (b) A hospital shall apply to the department for such identification and shall demonstrate to the satisfaction of the department that the hospital meets the applicable criteria set forth in or established in accordance with Code Section 31-11-113. (c) The department shall identify as many hospitals as stroke centers as apply for the identification, provided that each applicant meets the applicable criteria set forth in Code Section 31-11-113 or established by the department. (d) The department may suspend or revoke a hospital's identification as a stroke center, after notice and hearing, if the department determines that the hospital is not in compliance with the requirements of this article.

31-11-113. (a) A hospital identified as a comprehensive or primary stroke center shall be certified as such by a national health care accreditation body recognized by the department. Any hospital wishing to receive official identification under this subsection shall submit a written application to the department, providing adequate documentation of the hospital's valid certification as a comprehensive or primary stroke center by any such national health care accreditation body. (b) Remote treatment stroke centers shall be certified and identified by the department either by certification as an acute stroke-ready hospital by a national health care accreditation body recognized by the department or through an application process to be determined by the department. Said application process shall contain, at minimum, the following requirements:
(1) Remote treatment stroke center certifications and identifications by the department are limited to those hospitals that utilize current and acceptable telemedicine protocols relative to acute stroke treatment as defined by the department; (2) Upon receipt of complete and proper application for certification as a remote treatment stroke center, the department shall schedule and conduct an inspection of the applicant's facility no later than 90 days after receipt of application; and (3) Any hospital, upon certification by the department as a remote treatment stroke center, shall automatically be identified as a remote treatment stroke center and shall be added to the list of such hospitals maintained pursuant to subsection (a) of Code Section 31-11-115. (c) Any additional levels of stroke centers established by the department pursuant to subsection (a) of Code Section 31-11-112 shall be certified by the department in

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accordance with any criteria and guidelines established by the department in rules and regulations. (d) Comprehensive and primary stroke centers are encouraged to coordinate, through agreement, with remote treatment stroke centers throughout the state to provide appropriate access to care for acute stroke patients. The coordinating stroke care agreements shall be in writing and include at minimum:
(1) Transfer agreements for the transport and acceptance of all stroke patients seen by the remote treatment stroke center for stroke treatment therapies which the remote treatment stroke center is not capable of providing; and (2) Communication criteria and protocols with the remote treatment stroke centers.

31-11-114. (a) In order to encourage and ensure the establishment of stroke centers throughout the state, the department shall award grants, subject to appropriations from the General Assembly, to hospitals that seek identification as remote treatment stroke centers and demonstrate a need for financial assistance to develop the necessary infrastructure, including personnel and equipment, in order to satisfy the criteria for identification as a remote treatment stroke center pursuant to subsection (b) of Code Section 31-11-113. (b) A hospital seeking identification as a remote treatment stroke center pursuant to this article may apply to the department for a grant, in a manner and on a form required by the department, and provide such information as the department deems necessary to determine if the hospital is eligible for the grant. (c) The department may provide grants to as many hospitals as it deems appropriate, subject to appropriations, taking into consideration adequate geographic diversity with respect to locations. (d) The department shall annually prepare and submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Health and Human Services and the Senate Health and Human Services Committee for distribution to its committee members a report indicating the total number of hospitals that have applied for grants pursuant to this Code section, the number of applicants that have been determined by the department to be eligible for such grants, the total number of grants to be awarded, the name and address of each grantee hospital, the amount of the award to each grantee, and the amount of each award to be disbursed to the grantee.

31-11-115. (a) Beginning June 1, 2009, and each year thereafter, the department shall send a list of comprehensive, primary, remote treatment, and other level stroke centers identified pursuant to Code Section 31-11-113 to the medical director of each licensed emergency medical services provider in this state, shall maintain a copy of the list in the office designated with the department to oversee emergency medical services, and shall post a list

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of comprehensive, primary, remote treatment, and other level stroke centers on the department's website. (b) The department shall adopt or develop a sample stroke triage assessment tool. The department shall post this sample assessment tool on its website and distribute a copy of the sample assessment tool to each licensed emergency medical services provider no later than December 31, 2008. Each licensed emergency medical services provider shall use a stroke triage assessment tool that is substantially similar to the sample stroke triage assessment tool provided by the department. (c) The office designated within the department to oversee emergency medical services shall establish protocols related to the assessment, treatment, triage, and transport of stroke patients, including transport to the appropriate level stroke centers, by licensed emergency medical services providers in this state.

31-11-116. (a) In order to assure that the patients are receiving the appropriate level of care and treatment at each level of stroke center in the state, each hospital identified as a stroke center shall annually report information, as specified by the department in its rules and regulations, to the department. (b) The department shall collect the information reported pursuant to subsection (a) of this Code section and shall post such information in the form of a report card annually on the department's website and present such report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The results of this report card may be used by the department to conduct training with the identified facilities regarding best practices in the treatment of stroke. (c) In no way shall this article be construed to require disclosure of any confidential information or other data in violation of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.

31-11-117. This article shall not be construed to be a medical practice guideline and shall not be used to restrict the authority of a hospital to provide services for which it has received a license under state law. The General Assembly intends that all patients be treated individually based on each patient's needs and circumstances.

31-11-118. A hospital may not advertise to the public, by way of any medium whatsoever, that it is identified by the state as a comprehensive, primary, remote treatment, or other level stroke center unless the hospital has been identified as such by the department pursuant to this article.

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31-11-119. The department shall be authorized to promulgate rules and regulations to carry out the purposes of this article."

SECTION 2. The department shall begin the rulemaking process to effect the provisions of this Act no later than June 30, 2016.

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 26, 2016.

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COURTS CRIMINAL PROCEDURE EDUCATION LAW ENFORCEMENT OFFICERS AND AGENCIES MOTOR VEHICLES AND TRAFFIC PENAL INSTITUTIONS PROFESSIONS AND BUSINESSES SOCIAL SERVICES CRIMINAL JUSTICE REFORM; COMPREHENSIVE REVISION.

No. 460 (Senate Bill No. 367).

AN ACT

To provide for comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system so as to promote an offender's successful reentry into society, benefit the public, and enact reforms recommended by the Georgia Council on Criminal Justice Reform; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create operating under the influence court divisions and family treatment court divisions; to provide for assignment of cases, planning groups, work plans, standards and practices, staffing and expenses, records, fees, grants, and donations; to provide for oversight by the Council of Accountability Court Judges of Georgia; to change the composition of the Council of Accountability Court Judges of Georgia; to provide for record restriction in accountability courts under certain circumstances; to provide for considerations relative to the detention of children under the age of 14; to authorize a state or local governing authority to contract for services for Pretrial Intervention and Diversion

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Programs; to provide for the collection of fees for and expenditures of funds from the County Drug Abuse Treatment Education Fund relative to operating under the influence and family treatment court divisions; to amend Titles 20, 42, and 49 of the Official Code of Georgia Annotated, relating to education, penal institutions, and social services, respectively, so as to provide for students incarcerated in Department of Corrections facilities or incarcerated or committed to Department of Juvenile Justice facilities to receive educational services through a state charter school; to provide for state funding for the education of such students in the same manner as for other students enrolled in the state charter school; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so to provide for matters relating to school discipline and disrupting the operation of public schools; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to create better opportunities for defendants to regain driving privileges; to provide for a pauper's affidavit for a partial waiver of driver's license reinstatement and restoration fees; to provide for concurrent driver's license suspensions and revocations under certain circumstances; to change provisions relating to determining the length of certain driver's license revocations; to limit eligibility for indefinitely renewable limited driving permits; to provide for certain drivers' licenses to be automatically reinstated; to provide for procedure; to allow operating under the influence court divisions to restore or suspend an operating under the influence court division participant's driver's license or issue a participant a limited driving permit or ignition interlock device limited driving permit under certain circumstances; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to clarify responsibilities of the Board of Community Supervision and the Department of Community Supervision; to provide for an offender transition and reentry unit and misdemeanor probation unit within the Department of Community Supervision; to amend Chapter 8 of Title 42, Article 2 of Chapter 7 of Title 17, and Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to probation, commitment hearings, and the Georgia Crime Information Center, respectively, so as to clarify first offender status and provide duties, obligations, and responsibilities for the clerk of court, the Department of Community Supervision, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, and the Department of Corrections; to specify entities to whom first offender information shall be provided; to change provisions relating to first offender dispositions and the release of records thereof; to provide for the reporting of cases dismissed prior to filing an accusation or indictment; to provide for procedure; to enact reforms relating to criminal record keeping and dissemination; to clarify duties and responsibilities for criminal record keeping and dissemination; to clarify provisions relating to record restriction; to allow record restriction for certain first offenders who were under 21 years of age and accused of certain alcohol related violations; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change provisions relating to agreements for probation services; to provide for preliminary requirements for revocations based solely on failure to pay fines, statutory surcharges, or probation supervision fees or solely on failure to report; to provide for procedure; to provide for early

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termination of probation and review of certain misdemeanor probation cases under certain circumstances; to change provisions relating to parole eligibility for certain offenders; to repeal obsolete references to pretrial diversion programs that are no longer operated by the Department of Corrections or the Department of Community Supervision; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, so as to require professional licensing boards to consider certain factors relating to felonies before denying a license to an applicant or revoking a license and to provide for probationary licenses for participants in accountability courts; to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, so as to provide for eligibility for food stamps under certain circumstances; to amend Code Section 49-4A-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Juvenile Justice, so as to provide for rules and regulations governing the transfer of probation supervision of certain juvenile offenders; to amend the Official Code of Georgia Annotated so as to conform provisions and correct cross-references; 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:

PART I EXPANDING ACCOUNTABILITY COURTS AND PRETRIAL INTERVENTION AND DIVERSION PROGRAMS;
DETENTION OF YOUTH SECTION 1-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (a) of Code Section 15-1-18, relating to the Council of Accountability Court Judges of Georgia, as follows:
"(1) 'Accountability court' means a superior, state, or juvenile court that has a drug court division, mental health court division, veterans court division, or operating under the influence court division or a juvenile court that has a family treatment court division."

SECTION 1-2. Said title is further amended by adding a new Code section to read as follows:
"15-1-19. (a)(1) As used in this subsection, the term 'risk and needs assessment' means an actuarial tool, approved by the Council of Accountability Court Judges of Georgia and validated on a targeted population, scientifically proven to determine an individual's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce such individual's likelihood of committing future criminal behavior.

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(2) Any superior, state, or juvenile court that has jurisdiction over a violation of Code Section 40-6-391 or 52-7-12 may establish an operating under the influence court division to provide an alternative to the traditional judicial system for disposition of such cases. (3) In any case which arises from a violation of Code Section 40-6-391 or 52-7-12 or is ancillary to such conduct and the defendant meets the eligibility criteria for the operating under the influence court division, the court may assign the case to the operating under the influence 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. (4) Each operating under the influence court division shall establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, public defenders, community supervision officers, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, and persons having expertise in the field of substance abuse. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the operating under the influence court division. The work plan shall include operating under the influence court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (5) 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 also shall ensure that operating under the influence court division eligibility shall be focused on moderate-risk and high-risk offenders as determined by a risk and needs assessment. The operating under the influence court division shall combine judicial supervision, treatment of operating under the influence court division participants, and drug testing. (5)(A) The Council of Accountability Court Judges of Georgia shall establish standards and practices for operating under the influence court divisions, taking into consideration guidelines and principles based on current research and findings that are published by the National Drug Court Institute, the National Center for DWI Courts, and the Substance Abuse and Mental Health Services Administration and related to practices shown to reduce recidivism of offenders with alcohol or drug abuse problems. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the operating under the influence court field. Each operating under the influence court division shall adopt policies and practices that are consistent with the standards and practices published by the Council of Accountability Court Judges of Georgia.

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(B) The Council of Accountability Court Judges of Georgia shall provide technical assistance to operating under the influence court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in operating under the influence court divisions. (C) The Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure operating under the influence court divisions are adhering to the Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for operating under the influence court divisions to seek an exception to the Council of Accountability Court Judges of Georgia's standards and practices. In order to receive state appropriated funds, any operating under the influence court division established on and after July 1, 2017, shall be certified pursuant to this subparagraph or, for good cause shown to the Council of Accountability Court Judges of Georgia, shall receive a waiver from the Council of Accountability Court Judges of Georgia. (D) On and after July 1, 2017, the award of any state funds for an operating under the influence court division shall be conditioned upon an operating under the influence court division attaining certification or a waiver by the Council of Accountability Court Judges of Georgia. On or before September 1, the Council of Accountability Court Judges of Georgia shall publish an annual report listing certified operating under the influence court divisions. (E) The Council of Accountability Court Judges of Georgia shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all operating under the influence court divisions. The Council of Accountability Court Judges of Georgia shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in an operating under the influence court division, drug testing results, drug testing failures, participant employment, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2017, and every three years thereafter, the Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the operating under the influence court divisions for the purpose of improving operating under the influence court division policies and practices and the certification and recertification process. (6) A court instituting the operating under the influence court division may request the prosecuting attorney for the jurisdiction to designate one or more prosecuting attorneys to serve in the operating under the influence court division and may request the public defender, if any, to designate one or more assistant public defenders to serve in the operating under the influence court division.

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(7) The clerk of court for the court that is instituting the operating under the influence court division or such clerk's designee shall serve as the clerk of the operating under the influence court division. (8) The court instituting the operating under the influence court division may request community supervision officers, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, and other employees of the court to perform duties for the operating under the influence court division. Such individuals shall perform duties as directed by the judges of the operating under the influence court division. (9) The court instituting the operating under the influence court division may enter into agreements with other courts, agencies, and private corporations, private enterprises, private agencies, or private entities providing services pursuant to Article 6 of Chapter 8 of Title 42 for the assignment of personnel from such other entities to the operating under the influence court division. (10) 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 operating under the influence court division, federal grant funds, and funds from private donations. (b)(1) Each operating under the influence court division shall establish criteria which define the successful completion of the operating under the influence court division program. (2) If the operating under the influence court division participant successfully completes the operating under the influence court division program as part of a sentence imposed by the court:
(A) A judge presiding in such court division shall not order the dismissal of any offense involving or arising from a violation of Code Section 40-6-391 or 52-7-12; and (B) A judge presiding in such court division shall not order the restriction or vacation of a conviction of any offense involving or arising from a violation of Code Section 40-6-391 or 52-7-12. (3) If the operating under the influence court division participant successfully completes the operating under the influence court division program as part of a sentence imposed by the court, the sentence of the operating under the influence court division participant may be reduced or modified. (4) Any plea of guilty or nolo contendere entered pursuant to this Code section shall not be withdrawn without the consent of the court. (c) Any statement made by an operating under the influence court division participant as part of participation in such court division, or any report made by the staff of such court division or program connected to such court division, regarding a participant's substance usage 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 program or is terminated from the operating under the influence

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court division, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case. (d) Notwithstanding any provision of law to the contrary, operating under the influence court division staff shall be provided, upon request, with access to all records relevant to the treatment of the operating under the influence court division participant from any state or local government agency. All such records and the contents thereof shall be treated as confidential, shall not be disclosed to any person outside of the operating under the influence court division, and shall not be subject to 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. Such records and the contents thereof shall be maintained by the operating under the influence court division and originating court in a confidential file not available to the public. (e) Any fees received by an operating under the influence court division from an operating under the influence court division participant as payment for substance abuse treatment and services shall not be considered as court costs or a fine. (f) The court may have the authority to accept grants, donations, and other proceeds from outside sources for the purpose of supporting the operating under the influence court division. Any such grants, donations, or proceeds shall be retained by the operating under the influence court division for expenses."

SECTION 1-3. Said title is further amended by adding a new Code section to read as follows:
"15-1-20. (a) As used in this Code section, the term:
(1) 'Accountability court' means a superior or state court that has a drug court division, mental health court division, or veterans court division or a juvenile court that has a family treatment court division. (2) 'Criminal history record information' shall have the same meaning as set forth in Code Section 35-3-30. (3) 'Criminal justice agencies' shall have the same meaning as set forth in Code Section 35-3-30. (4) 'Restrict,' 'restricted,' or 'restriction' means that criminal history record information shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35. (b) When a case is assigned to an accountability court and the defendant is required to complete a drug court division program, mental health court division program, veterans court division program, or family treatment court division program, as applicable, prior to the entry of the judgment, in contemplation that the defendant's case will be dismissed or nolle prossed, the court may, in its discretion, restrict the dissemination of the defendant's criminal history record information by the Georgia Crime Information Center for the

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prosecution of the case assigned to such court. The court shall specify the date such restriction shall take effect. The court may revoke such order at any time.
(c)(1) Criminal history record information restricted pursuant to this Code section shall always be available for inspection, copying, and use:
(A) To criminal justice agencies for law enforcement or criminal investigative purposes or for purposes of criminal justice agency employment; (B) To judicial officials; (C) By the Judicial Qualifications Commission; (D) By a prosecuting attorney or public defender who submits a sworn affidavit to the clerk of court that attests that such information is relevant to a criminal proceeding; (E) Pursuant to a court order; and (F) By an individual who is the subject of restricted criminal history record information upon court order. (2) The confidentiality of such information shall be maintained insofar as practical."

SECTION 1-4. Said title is further amended by revising Code Section 15-11-11, relating to concurrent jurisdiction, as follows:
"15-11-11. The juvenile court shall have concurrent jurisdiction to hear:
(1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child alleged to be dependent; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The issue of custody and support when the issue is transferred by proper order of the superior court; provided, however, that if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial; (4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court; and (5) Any criminal case transferred to the court pursuant to subsection (d) of Code Section 15-11-15."

SECTION 1-5. Said title is further amended by revising Code Section 15-11-15, relating to transfers from superior court, as follows:
"15-11-15. (a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination.

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(b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court. (c) At any time prior to the determination of any question regarding custody, support, or custody and support, the juvenile court may transfer the jurisdiction of the question back to the referring superior court. (d) In handling criminal cases involving an accused who is in jeopardy of having his or her parental rights terminated due to criminal charges, a superior court may transfer a criminal case to a family treatment court division of a juvenile court for treatment and a report back to the superior court so long as the prosecuting attorney and accused agree to such transfer; provided, however, that such juvenile court may transfer such case back to the referring superior court at any time."

SECTION 1-6. Said title is further amended by adding a new Code section to read as follows:
"15-11-70. (a)(1) As used in this subsection, the term 'risk and needs assessment' means an actuarial tool, approved by the Council of Accountability Court Judges of Georgia and validated on a targeted population, scientifically proven to determine an individual's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce such individual's likelihood of committing future criminal behavior. (2) Any juvenile court may establish a family treatment court division to provide an alternative to the traditional judicial system for the disposition of dependancy cases and for assisting superior courts with criminal cases referred to such division under Code Section 15-11-15. The goal of a family treatment court division is to: (A) Reduce alcohol or drug abuse and addiction for respondents in dependency proceedings; (B) Improve permanency outcomes for families when dependency is based in part on alcohol or drug use and addiction; (C) Increase the personal, familial, and societal accountability of respondents in dependency proceedings; and (D) Promote effective intervention and use of resources among child welfare personnel, law enforcement agencies, treatment providers, community agencies, and the courts. (3) In any criminal case transferred pursuant to Code Section 15-11-15, when the defendant meets the eligibility criteria for the family treatment court division, such case may be assigned to the family treatment 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.

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(4) Each family treatment court division shall establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, special assistant attorneys general, public defenders, attorneys who represent children and parents, law enforcement officials, probation officers, community supervision officers, court appointed special advocates, guardians ad litem, and other individuals having expertise in services available to families in dependency proceedings. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the family treatment court division. The work plan shall include family treatment court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (5) 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 include eligibility criteria for the family treatment court division. The family treatment court division shall combine judicial supervision, treatment of family treatment court division participants, drug testing, and mental health treatment.
(5)(A) The Council of Accountability Court Judges of Georgia shall establish standards and practices for family treatment court divisions, taking into consideration guidelines and principles based on current research and findings that are published by experts on family treatment health needs and treatment options in a dependency setting. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the family treatment court field. Each family treatment court division shall adopt policies and practices that are consistent with the standards and practices published by the Council of Accountability Court Judges of Georgia. (B) The Council of Accountability Court Judges of Georgia shall provide technical assistance to family treatment court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in family treatment court divisions. (C) The Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure family treatment court divisions are adhering to the Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for family treatment court divisions to seek an exception to the Council of Accountability Court Judges of Georgia's standards and practices. In order to receive state appropriated funds, any family treatment court division established on and after July 1, 2017, shall be certified pursuant to this subparagraph or, for good cause shown to the Council of Accountability Court Judges of Georgia, shall receive a waiver from the Council of Accountability Court Judges of Georgia.

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(D) On and after July 1, 2017, the award of any state funds for a family treatment court division shall be conditioned upon a family treatment court division attaining certification or a waiver by the Council of Accountability Court Judges of Georgia. On or before September 1, the Council of Accountability Court Judges of Georgia shall publish an annual report listing certified family treatment court divisions. (E) The Council of Accountability Court Judges of Georgia shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all family treatment court divisions. The Council of Accountability Court Judges of Georgia shall identify elements necessary for performance measurement, including, but not limited to, the number of children reunited with participants in a family treatment court division, drug testing results, drug testing failures, participant employment, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2017, and every three years thereafter, the Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the family treatment court divisions for the purpose of improving family treatment court division policies and practices and the certification and recertification process. (6) A court instituting the family treatment court division may request any of the following individuals to serve in the family treatment court division: (A) One or more prosecuting attorneys designated by the prosecuting attorney for the jurisdiction; (B) A special assistant attorney general; or (C) One or more assistant public defenders designated by the public defender, if any. (7) The clerk of the juvenile court that is instituting the family treatment court division or such clerk's designee shall serve as the clerk of the family treatment court division. (8) The court instituting the family treatment court division may request community supervision officers, probation officers, and other employees of the court to perform duties for the family treatment court division. Such individuals shall perform duties as directed by the judges of the family treatment court division. (9) The court instituting the family treatment court division may enter into agreements with other courts and agencies for the assignment of personnel and probation supervision from other courts and agencies to the family treatment court division. (10) 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 family treatment court division, federal grant funds, and funds from private donations. (b) Each family treatment court division shall establish criteria which define the successful completion of the family treatment court division program. If the family treatment court division participant who was referred to the family treatment court division on a criminal charge by a superior court successfully completes the family treatment court division

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program, a report of such completion shall be communicated to the referring superior court judge. (c) Any statement made by a family treatment court division participant as part of participation in such court division, or any report made by the staff of such court division or program connected to such court division, regarding a participant's substance usage 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 program or is terminated from the family treatment court division, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case. (d) Notwithstanding any provision of law to the contrary, family treatment court division staff shall be provided, upon request, with access to all records relevant to the treatment of the family treatment court division participant from any state or local government agency. All such records and the contents thereof shall be treated as confidential, shall not be disclosed to any person outside of the family treatment court division, and shall not be subject to 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. Such records and the contents thereof shall be maintained by the family treatment court division and originating court in a confidential file not available to the public. (e) Any fees received by a family treatment court division from a family treatment court division participant as payment for substance abuse treatment and services shall not be considered as court costs or a fine. (f) The court may have the authority to accept grants, donations, and other proceeds from outside sources for the purpose of supporting the family treatment court division. Any such grants, donations, or proceeds shall be retained by the family treatment court division for expenses."

SECTION 1-7. Said title is further amended by revising Code Section 15-11-505, relating to the use of detention assessments to determine if detention is warranted, as follows:
"15-11-505. (a) If an alleged delinquent child is brought before the court, delivered to a secure residential facility or nonsecure residential facility or foster care facility designated by the court, or otherwise taken into custody, the juvenile court intake officer shall immediately administer a detention assessment and determine if such child should be detained, taking into account subsection (b) of this Code section. Such child shall be released unless it appears that his or her detention is warranted.
(b)(1) As used in this subsection, the term 'serious delinquent act' means to commit, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:
(A) Aggravated assault;

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(B) Aggravated battery; (C) Aggravated child molestation; (D) Aggravated cruelty to animals; (E) Aggravated sexual battery; (F) Aggravated sodomy; (G) Armed robbery involving a firearm; (H) Arson in the first degree; (I) Burglary in the first degree; (J) Child molestation; (K) Escape; (L) Hijacking a motor vehicle; (M) Home invasion in the first or second degree; (N) Involuntary manslaughter; (O) Murder; (P) Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4; (Q) Rape; (R) Robbery; (S) Sexual exploitation of children; (T) Smash and grab burglary; (U) Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1; (V) Vehicular homicide; or (W) Voluntary manslaughter. (2) When a child who is 13 years of age or younger is taken into custody as provided in subsection (a) of this Code section for any delinquent act other than a serious delinquent act, there shall be a presumption that such child should not be detained."

SECTION 1-8. Said title is further amended by revising subsection (b) of Code Section 15-11-710, relating to exchange of information, as follows:
"(b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15, 15-1-19, 15-11-40, 15-11-70, 15-11-105, 15-11-170, 15-11-264, 15-11-541, 15-11-542, 15-11-603, 15-11-708, 15-11-709, 15-11-744, 20-2-751.2, 20-14-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-109.2, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interests of such child. Information which is shared pursuant to this subsection

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shall not be utilized to assist in the prosecution of a child in juvenile, superior, or state court or utilized to the detriment of such child."

SECTION 1-9. Said title is further amended by revising subsection (a) of Code Section 15-18-80, relating to policy and procedure for Pretrial Intervention and Diversion Programs, as follows:
"(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts. Upon the request of the district attorney or solicitor and with the advice and express written consent of such attorney, the state or local governing authority may enter into a written contract with any entity or individual for the purpose of monitoring program participants' compliance with a Pretrial Intervention and Diversion Program."

SECTION 1-10. Said title is further amended by revising subsection (a) of Code Section 15-21-100, relating to imposition of additional penalty for certain offenses, as follows:
"(a)(1) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, 16-13-30.2, 16-13-30.3, 16-13-30.5, 16-13-31, 16-13-31.1, 16-13-32, 16-13-32.1, 16-13-32.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, or 16-13-32.6, there shall be imposed as an additional penalty a sum equal to 50 percent of the original fine. The additional 50 percent penalty shall also be imposed in every case in which a fine is imposed for violation of:
(A) Code Section 3-3-23.1; (B) Code Section 40-6-391; (C) Code Section 40-6-393 or 40-6-394 if the offender was also charged with a violation of Code Section 40-6-391; or (D) Code Section 52-7-12. (2) If no fine is provided for in the applicable Code section, and the judge places the defendant on probation, the fine authorized by Code Section 17-10-8 shall be applicable."

SECTION 1-11. Said title is further amended by revising subsection (b) of Code Section 15-21-101, relating to collection of fines and authorized expenditures of funds from County Drug Abuse Treatment and Education Fund, as follows:

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"(b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively:
(1) For drug abuse treatment and education programs relating to controlled substances, alcohol, and marijuana; (2) If a drug court division has been established in the county under Code Section 15-1-15, for purposes of the drug court division; (3) If an operating under the influence court division has been established in the county under Code Section 15-1-19, for the purposes of the operating under the influence court division; and (4) If a family treatment court division has been established in the county under Code Section 15-11-70, for the purposes of the family treatment court division. (c) This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of drug abuse treatment or education programs, drug court divisions, operating under the influence court divisions, or family treatment court divisions."

PART II CHARTER SCHOOLS IN DEPARTMENT OF CORRECTIONS AND
DEPARTMENT OF JUVENILE JUSTICE FACILITIES SECTION 2-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraphs (1) and (8) of subsection (b) of Code Section 20-2-133, relating to free public instruction for elementary and secondary education, as follows:
"(b)(1) Any child, except a child in a secure residential facility as defined in Code Section 15-11-2, as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services; in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities; or in a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. Except for children who are committed to the Department of Juvenile Justice and receiving education services under Code Section 20-2-2084.1, the local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge so long as the child is physically present in the school district. A child shall be considered in the physical or

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legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child shall be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held; provided, however, that such child or youth may be eligible for enrollment in a state charter school pursuant to Code Section 20-2-2084.1." "(8) The Department of Education, the State Charter Schools Commission, the Department of Human Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the local units of administration where Department of Education, State Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Human Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice, under the care or physical or legal custody of the Department of Human Services, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities."

SECTION 2-2. Said title is further amended by adding a new Code section to read as follows:
"20-2-2084.1. A state charter school shall be authorized, upon the approval of the commission, to enter into a contract with the Department of Juvenile Justice or the Department of Corrections to operate a school and deliver education services to school age children or youth incarcerated within any facility of the Department of Corrections or incarcerated within or committed to the Department of Juvenile Justice. Any children or youth receiving education services through a state charter school in such manner shall be considered students enrolled in and attending the state charter school for purposes of funding pursuant to Code Section 20-2-2089."

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SECTION 2-3. Said title is further amended by revising Code Section 20-2-2090, relating to collaborative efforts on matters related to authorization of state charter schools and administration, as follows:
"20-2-2090. The commission shall work in collaboration with the department on all matters related to authorizing state charter schools and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, each state charter school, including any students receiving education services through a state charter school pursuant to Code Section 20-2-2084.1, shall, consistent with department rules and regulations, be treated as a single local education agency."

SECTION 2-4. Said title is further amended by revising subsection (d) of Code Section 20-2-2114, relating to qualifications for the scholarship program for special needs students, as follows:
"(d) Students enrolled in a school operated by the Department of Juvenile Justice or operated by a state charter school on behalf of the Department of Juvenile Justice pursuant to Code Section 20-2-2084.1 are not eligible for the scholarship."

SECTION 2-5. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-2-5.1, relating to the Department of Corrections as a special school district for school age youth, as follows:
"42-2-5.1. (a) In order to provide education for any school age youth 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 this 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, except as otherwise provided in subsection (b) of this Code section. 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;

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(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) Any school within the department that is operated by a state charter school pursuant to a contract entered into in accordance with Code Section 20-2-2084.1 shall be under the control of the State Charter Schools Commission and the governing board of the state charter school, subject to any conditions in the contract. Any such school shall not be considered a part of the special school district established pursuant to this Code section. (c) 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, except as otherwise provided in Code Section 20-2-2084.1."

SECTION 2-6. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-4A-12, relating to the Department of Juvenile Justice as a special school district, as follows:
"49-4A-12. (a) The Department of Juvenile Justice shall be a special school district which shall be given the same funding consideration for federal funds that school districts within this state are given.
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, the schools within the department shall be under the control of the commissioner who shall serve as the superintendent of schools for such district. The Board of Juvenile Justice shall serve as the board of education for such district. (2) Any school within the department that is operated by a state charter school pursuant to a contract entered into in accordance with Code Section 20-2-2084.1 shall be under the control of the State Charter Schools Commission and the governing board of the state charter school, subject to any conditions in the contract. Any such school shall not be considered a part of the special school district established pursuant to this Code section. (c)(1) The schools shall meet the requirements of the law for public schools and rules and regulations of the State Board of Education. It is the intent of this Code section to fund educational services and programs in this special school district so that youth served therein shall receive the same quality and content of educational services as provided to youth in school districts within this state. (2) The State School Superintendent may grant waivers for such provisions of the laws and regulations with which the schools cannot comply because of their functioning on an annual basis and in response to the commissioner or the commissioner's designee's written request and justification. Such exceptions shall be in writing.

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(d)(1) Each teacher in the special school district shall receive annual compensation at the rate specified for the type of certificate held by such teacher based on the appropriate teacher salary schedules established pursuant to Code Section 20-2-212. (2) This provision shall not act to reduce the compensation currently paid any teacher in the special school district. (3) To the extent such resources are available, federal funding resources shall be utilized to meet increased costs resulting from implementation of this subsection. (e) The commissioner shall develop and implement a plan whereby there shall be sufficient substitute teachers available for temporary service as needed for each school composing the special school district. (f)(1) Nothing in the language of this Code section shall be construed as prohibiting any local school district from issuing a diploma to a youth in the custody of the department, upon certification of the principal of a departmental school. (2) School records of any juvenile in the department's programs who is issued a diploma by a local school district shall be maintained by such local school district, provided that all references to the juvenile's commitment to and treatment by the department are expunged. (g) The special school district under the department shall have the powers, privileges, and authority exercised or capable of exercise by any other school district. (h) The effect 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, except as otherwise provided in Code Section 20-2-2084.1."

PART III SCHOOL DISCIPLINE
SECTION 3-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-759, which was previously reserved, as follows:
"20-2-759. The State Board of Education shall promulgate rules and regulations to require minimum qualifications for hearing officers, disciplinary hearing officers, tribunals, and panels that are tasked with hearing matters in this subpart. The State Board of Education shall promulgate rules and regulations to ensure that such individuals have initial training prior to serving as a hearing officer or disciplinary hearing officer or on a tribunal or panel, undergo continuing education so as to continue to serve in such capacity, and function as independent, neutral arbiters. "

SECTION 3-2. Said title is further amended by revising Code Section 20-2-1181, relating to disruption or interference with operation of public schools, as follows:

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"20-2-1181. (a) It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local boards of education. Except as provided in subsection (b) of this Code section, a person convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
(b)(1) As used in this subsection, the term 'complaint' shall have the same meaning as set forth in Code Section 15-11-2. (2) A local board of education shall develop a system of progressive discipline that may be imposed on a child accused of violating this Code section before initiating a complaint. (3) When a complaint is filed involving a violation of this Code section by a child not included in paragraph (4) of this subsection, it shall include information showing that the local board of education sought to:
(A) Resolve the expressed problem through available educational approaches; and (B) Engage the child's parent, guardian, or legal custodian to resolve the expressed problem and that such individual has been unable or unwilling to resolve the expressed problem, that the expressed problem remains, and that court intervention is necessary. (4) When a complaint is filed involving a violation of this Code section by a child who is eligible for or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, it shall include information showing that the local board of education: (A) Has determined that such child is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; (B) Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate; (C) Sought to resolve the expressed problem through available educational approaches; and (D) Sought to engage the child's parent, guardian, or legal custodian to resolve the expressed problem and that such individual has been unable or unwilling to resolve the expressed problem, that the expressed problem remains, and that court intervention is necessary."

SECTION 3-3. Said title is further amended by revising Code Section 20-2-1183, which was previously reserved, as follows:
"20-2-1183. When a local school system assigns or employs law enforcement officers in schools, the local board of education shall have a collaborative written agreement with law enforcement officials to establish the role of law enforcement and school employees in school

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disciplinary matters and ensure coordination and cooperation among officials, agencies, and programs involved in school discipline and public protection."

PART IV DRIVING PRIVILEGES
SECTION 4-1.

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new Code section to read as follows:
"40-5-9. (a) A pauper's affidavit may be filed in lieu of paying the driver's license reinstatement or restoration fee otherwise required by this chapter. An individual filing a pauper's affidavit shall under oath affirm his or her poverty and his or her resulting inability to pay the driver's license reinstatement or restoration fee otherwise required by this chapter. The form of the affidavit shall be prescribed by the commissioner and shall indicate on its face that such individual has neither the income nor the assets to pay the fee otherwise required. The following warning shall be printed on the affidavit form prepared by the commissioner, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' (b) Upon the submission of a pauper's affidavit, the driver's license reinstatement or restoration fee shall be 50 percent of the fee required by law."

SECTION 4-2. Said chapter is further amended by revising Code Section 40-5-22.1, relating to reinstatement of license of child under 16 years convicted of driving under the influence of alcohol or drugs, as follows:
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and pays a reinstatement fee to the Department of Driver Services. The reinstatement fee for a first such conviction shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction shall be $410.00 or $400.00 if paid by mail. The court shall notify the department of its order delaying the issuance of such child's license within 15 days of the date of such order. The

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department shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."

SECTION 4-3. Said chapter is further amended by revising subsection (e) of Code Section 40-5-61, relating to surrender and return of license, and by adding a new subsection to read as follows:
"(e)(1) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, the period of revocation or suspension shall begin on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction, whichever date shall first occur. (2) If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling. (3) Notwithstanding paragraphs (1) and (2) of this subsection, a period of revocation or suspension may begin on the date a person is sentenced for an offense that also results in the revocation or suspension of his or her driver's license or driving privileges. (f) When a person serving a sentence has his or her driver's license or driving privileges concurrently revoked or suspended with the imposition of his or her sentence, the department shall credit the time served under such sentence toward the fulfillment of the period of revocation or suspension."

SECTION 4-4. Said chapter is further amended by revising Code Section 40-5-62, relating to periods of revocation and conditions to restoration of license or issuance of new license, as follows:
"40-5-62. (a) Unless the revocation was for a cause which has been removed, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be eligible to apply for a new license nor restoration of his or her nonresident's operating privilege until the earlier of:
(1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person's having been declared a habitual violator under Code Section 40-5-58; (2) Five years from the date on which a person is sentenced for the offense that resulted in his or her driver's license or driving privileges being revoked; (3) Five years from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his or her driver's license to the court after

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conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or (4) Such time as any cause for revocation under subsection (b) of Code Section 40-5-59 has been removed. (b) When a person serving a sentence has his or her driver's license or driving privileges concurrently revoked with the imposition of his or her sentence, the department shall credit the time served under such sentence toward the fulfillment of the period of revocation. (c) 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 4-5. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 40-5-63, relating to periods of suspension, as follows:
"(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such license shall be revoked as provided for in paragraphs (1) through (3) of subsection (a) of Code Section 40-5-62. 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 shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."

SECTION 4-6. Said chapter is further amended by revising subsections (c), (c.1), and (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, as follows:

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"(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
(1) Going to his or her place of employment or performing the normal duties of his or her occupation; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (6) Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or performing community service; (7) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; or (8) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18. (c.1) Exception to standards for approval. (1) The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (2) An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes:
(A) Going to his or her place of employment or performing the normal duties of his or her occupation; (B) Receiving scheduled medical care or obtaining prescription drugs; (C) Attending a college or school at which he or she is regularly enrolled as a student; (D) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;

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(E) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (F) Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or performing community service; (G) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; (H) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18; or (I) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider." "(e) Fees, duration, renewal, and replacement of permit. (1) A limited driving permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Such permits may be renewed one time after the person is eligible to reinstate his or her driver's license for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her. (2) An ignition interlock device limited driving permit shall be valid for a period of one year. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be

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removed, and such permit may be renewed for additional periods of two months upon payment of a renewal fee of $5.00, but it may only be renewed one time after such person is eligible to reinstate his or her driver's license."

SECTION 4-7. Said chapter is further amended by revising Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows:
"40-5-75. (a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
(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 for not less than 180 days. At the end of 180 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 a DUI Alcohol or Drug Use Risk Reduction Program and pays to the department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail; and (3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. A driver's license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed under Code Sections 40-5-58 and 40-5-62, provided that such revocation arose from the same act for which the suspension was imposed. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions:

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(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit; (B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the three-year driving permit. Such licensed drug treatment program shall be paid for by the offender. The offender shall pay a permit fee of $25.00 to the department; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. Any three-year driving permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any such permittee who is convicted of violating the conditions endorsed on his or her three-year driving permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the three-year driving permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose three-year driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. At the end of five years from the date on which the license was suspended, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the department a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail. The restoration fee paid to reinstate a driver's license that was suspended under this paragraph shall be counted toward the fulfillment of the restoration fee required by subsection (c) of Code Section 40-5-62, provided that such revocation arose from the same act for which the suspension was imposed. (b) Except as provided in Code Section 40-5-76, whenever a person is convicted of driving or being in actual physical control of any moving vehicle while under the influence of a

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controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section 40-5-61. (c) Application for reinstatement of a driver's license under paragraph (1), (2), or (3) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (d) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his or her license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section or Code Section 40-5-76. (e) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both. (f) Licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court.
(g)(1) Upon the effective date of this subsection, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 2 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this paragraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating

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under the influence court division in accordance with subsection (a) of Code Section 40-5-76. (2) The department shall make a notation of a suspended driver's license that is reinstated pursuant to paragraph (1) of this subsection on a person's driving record, and such information shall be made available in accordance with Code Section 40-5-2. (3) The driver's license or driving privileges of any person who has a driver's license reinstated in accordance with paragraph (1) of this subsection shall remain subject to any and all applicable disqualifications specified in Article 7 of this chapter. (4) The department may promulgate rules and regulations as are necessary to implement this subsection."

SECTION 4-8. Said chapter is further 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) A judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division may order the department to reinstate 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 or ignition interlock device limited driving permit in accordance with the provisions set forth in subsections (c), (c.1), 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 reinstate 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 or ignition interlock device limited driving permit in accordance with the provisions set forth in subsections (c), (c.1), 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 reinstatement of such driver's license or issuance of such limited driving permit or ignition interlock device 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.
(c)(1) The department shall make a notation on a person's driving record when his or her driver's license was reinstated or suspended or he or she was issued a limited driving

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permit or ignition interlock device limited driving permit under this Code section, and such information shall be made available in accordance with Code Section 40-5-2. (2) The driver's license of any person who has a driver's license reinstated or suspended in accordance with this Code section shall remain subject to any applicable disqualifications specified in Article 7 of this chapter. (d) The department shall credit any time during which a defendant was issued a limited driving permit or ignition interlock device limited driving permit under subsection (a) of this Code section toward the fulfillment of the period of a driver's license suspension for which such permit was issued."

SECTION 4-9. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving while license is suspended or revoked, as follows:
"(b)(1) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (e) of Code Section 40-5-75, shall impose an additional suspension or disqualification of six months. Upon the expiration of six months, the department shall reinstate the license. The reinstatement fee for a first such conviction within a five-year period shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction within a five-year period shall be $410.00 or $400.00 if paid by mail."

PART V REORGANIZATION WITHIN THE BOARD AND DEPARTMENT OF COMMUNITY SUPERVISION
SECTION 5-1.

Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsections (a), (b), and (j) of Code Section 42-3-2, relating to the creation of the Board of Community Supervision, as follows:
"(a) There is created the Board of Community Supervision which shall establish the general policy to be followed by the Department of Community Supervision. The powers, functions, and duties of the Board of Corrections as they exist on June 30, 2015, with regard to the probation division of the Department of Corrections and supervision of probationers unless otherwise provided in this chapter are transferred to the Board of Community Supervision effective July 1, 2015. The powers, functions, and duties of the State Board of Pardons and Paroles as they exist on June 30, 2015, with regard to the supervision of parolees, unless otherwise provided in this chapter are transferred to the Board of Community Supervision effective July 1, 2015. The powers, functions, and duties

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of the Board of Juvenile Justice and the Department of Juvenile Justice as they exist on June 30, 2016, with regard to the probation supervision of children and reentry services for children who have been released from restrictive custody and who were adjudicated for a Class A designated felony act or Class B designated felony act, as such terms are defined in Code Section 15-11-2, are transferred to the Board of Community Supervision effective July 1, 2016, except as otherwise provided by the rules and regulations of the Board of Juvenile Justice governing such supervision. The powers, functions, and duties of the County and Municipal Probation Advisory Council as they exist on June 30, 2015, are transferred to the Board of Community Supervision effective July 1, 2015. The powers, functions, and duties of the Governor's Office of Transition, Support, and Reentry as they exist on June 30, 2016, with regard to reentry services are transferred to the board and DCS effective July 1, 2016. The powers, functions, and duties of the board that were transferred from the former County and Municipal Probation Advisory Council as it existed on June 30, 2015, to the board are transferred to DCS effective July 1, 2016; provided, however, that the power to set policy and promulgate rules and regulations for DCS shall be retained by the board. (b) The board shall consist of 11 members. The commissioner of corrections, commissioner of juvenile justice, chairperson and vice chairperson of the State Board of Pardons and Paroles, director of the Division of Family and Children Services of the Department of Human Services, and commissioner of behavioral health and developmental disabilities shall be members of the board and shall serve on the board so long as they remain in their appointed positions. The Governor shall appoint:
(1) A sheriff who shall serve an initial term ending June 30, 2019, each subsequent term being four years; (2) A mayor or city manager who shall serve an initial term ending June 30, 2018, each subsequent term being four years; (3) A county commissioner or county manager who shall serve an initial term ending June 30, 2017, each subsequent term being four years; (4) An individual who owns or is employed by a private corporation, private enterprise, private agency, or other private entity that is providing probation supervision services pursuant to Article 6 of Chapter 8 of this title who shall serve an initial term ending June 30, 2019, each subsequent term being four years; and (5) An individual who is employed by a governing authority of a county, municipality, or consolidated government that is providing probation supervision services pursuant to Article 6 of Chapter 8 of this title who shall serve an initial term ending June 30, 2018, each subsequent term being four years." "(j) The board shall perform duties required of it by law and shall, in addition thereto, be responsible for promulgation of all rules and regulations not in conflict with this chapter that may be necessary and appropriate to the administration of DCS, to the accomplishment of the purposes of this chapter and Chapters 8 and 9 of this title, and to the performance of

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the duties and functions of DCS as set forth in this chapter and Chapters 8 and 9 of this title."

SECTION 5-2. Said title is further amended by revising subsection (a) of Code Section 42-3-3, relating to the creation of the Department of Community Supervision, as follows:
"(a) There is created the Department of Community Supervision. DCS shall be the agency primarily responsible for:
(1) Supervision of all defendants who receive a felony sentence of straight probation; (2) Supervision of all defendants who receive a split sentence; (3) Supervision of all defendants placed on parole or other conditional release from imprisonment by the State Board of Pardons and Paroles; (4) Supervision of juvenile offenders released from restrictive custody due to an adjudication for a Class A designated felony act or Class B designated felony act, as such terms are defined in Code Section 15-11-2, except as otherwise provided by the rules and regulations of the Board of Juvenile Justice governing such supervision; (5) Administration of laws, rules, and regulations relating to probation and parole supervision, as provided for by law; (6) Enforcement of laws, rules, and regulations relating to probation and parole supervision, as provided for by law; (7) Administration of laws as provided in this chapter and Chapters 8 and 9 of this title; (8) Regulating entities and individuals that provide probation supervision services pursuant to Article 6 of Chapter 8 of this title; (9) Reviewing the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-107 and submit a report with its recommendations to the board. DCS shall submit its initial report on or before January 1, 2018, and shall continue such reviews every two years thereafter. Such report shall provide information which will allow the board to review the effectiveness of the uniform professional standards and uniform contract standards and, if necessary, to revise such standards; (10) Producing an annual summary report; and (11) Administering laws, rules, and regulations relating to misdemeanor probation supervision pursuant to Article 6 of Chapter 8 of this title."

SECTION 5-3. Said title is further amended by revising subsection (a) of Code Section 42-3-5, relating to the administrative functions of the Department of Community Supervision, as follows:
"(a) The commissioner, with the approval of the board, may establish units within DCS as he or she deems proper for its administration and shall designate persons to be assistant commissioners of each unit and to exercise authority as he or she may delegate to them in writing. The commissioner shall establish an offender transition and reentry unit within

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DCS to coordinate successful offender reentry in this state, reduce recidivism, enhance public safety through collaboration among stakeholders, and assist in ensuring the appropriate and responsible use of cost savings realized by justice reforms through reinvestment in evidence based, community centered services. The commissioner shall establish a misdemeanor probation unit within DCS to coordinate and oversee services provided under Article 6 of Chapter 8 of this title. The commissioner shall establish a victim services unit within DCS to coordinate:
(1) Payment of court ordered restitution; and (2) Victim services, including, but not limited to, payments available to victims as provided by law and assisting victims with support services."

SECTION 5-4. Said title is further amended by revising subsection (e) of Code Section 42-3-6, relating to rules and regulations, as follows:
"(e) The following rules and regulations shall remain in full force and effect as rules and regulations of DCS until amended, repealed, or superseded by rules or regulations adopted by the board:
(1) All rules and regulations previously adopted by the Advisory Council for Probation which relate to functions transferred under this chapter from the state-wide probation system to DCS; (2) All rules and regulations previously adopted by the Department of Corrections or the Board of Corrections which relate to functions transferred under this chapter from the Department of Corrections to DCS; (3) All rules and regulations previously adopted by the State Board of Pardons and Paroles which relate to functions transferred under this chapter from the State Board of Pardons and Paroles to DCS; (4) All rules and regulations previously adopted by the Department of Juvenile Justice or the Board of Juvenile Justice which relate to functions transferred under this chapter from the Department of Juvenile Justice to DCS; (5) All rules and regulations previously adopted by the County and Municipal Probation Advisory Council which relate to functions transferred under this chapter from the County and Municipal Probation Advisory Council to DCS; and (6) All rules and regulations previously adopted by the Governor's Office of Transition, Support, and Reentry which relate to functions transferred under this chapter from the Governor's Office of Transition, Support, and Reentry to DCS."

SECTION 5-5. Said title is further amended by revising subsection (a) of Code Section 42-3-7, relating to transfer of prior appropriations, personnel, equipment, and facilities, as follows:
"(a) Appropriations to the Department of Corrections, the Department of Juvenile Justice, the County and Municipal Probation Advisory Council, the State Board of Pardons and

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Paroles, and the Governor's Office of Transition, Support, and Reentry for functions transferred to DCS pursuant to this chapter shall be transferred to DCS as provided for in Code Section 45-12-90. Personnel, equipment, and facilities previously employed by the Department of Corrections, the Department of Juvenile Justice, the County and Municipal Probation Advisory Council, the State Board of Pardons and Paroles, and the Governor's Office of Transition, Support, and Reentry for functions transferred to DCS pursuant to this chapter shall likewise be transferred to DCS. Any disagreement as to any of such transfers shall be resolved by the Governor. Any individual who is employed by the Department of Corrections as a probation officer or probation supervisor or by the State Board of Pardons and Paroles as a parole officer on or before July 1, 2016, and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' may remain in the employment of the employing agency but shall be transferred for administrative purposes only to DCS on July 1, 2015."

SECTION 5-6. Said is further amended by adding a new Code section to read as follows:
"42-3-10. (a) In order to appeal a sanction imposed by the board, a person shall remit a request for a hearing, in writing by certified mail or statutory overnight delivery, return receipt requested, to the board within 30 days from the date of personal notice or receipt of the notice of the sanction; otherwise, the right to such hearing shall be deemed waived. The board shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the sanction is sustained, the person who received the sanction shall have a right to file for a judicial review of the final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the board shall not be stayed. A petition for judicial review shall name the board as defendant, shall be served by certified mail or statutory overnight delivery, return receipt requested, and shall be filed in the superior court of the county where the offices of the board are located. (b) Actions at law and in equity against the board or any of its members predicated upon omissions or acts done in a member's official capacity or under color thereof shall be brought in the superior court of the county where the offices of the board are located; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent."

SECTION 5-7. Said title is further amended by repealing in its entirety Article 2 of Chapter 3, relating to successful transition and reentry of offender, and designating said article as reserved.

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PART VI FIRST OFFENDER TREATMENT, RECORD RESTRICTION, AND CROSS-REFERENCES
PART VIA SECTION 6A-1.

Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by revising Article 3, relating to probation of first offenders, as follows:

"ARTICLE 3

42-8-60. (a) When a defendant has not been previously convicted of a felony, the court may, upon a guilty verdict or plea of guilty or nolo contendere and before an adjudication of guilt, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and:
(1) Place the defendant on probation; or (2) Sentence the defendant to a term of confinement. (b) The court shall not sentence a defendant under the provisions of this article unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center. (c) When a court imposes a sentence pursuant to this article, it: (1) Shall state in its sentencing order the prospective effective date of the defendant being exonerated of guilt and discharged as a matter of law, assuming the defendant successfully complies with its sentencing order, provided that such date may not have taken into account the awarding of credit for time served in custody; and (2) May limit access to certain information as provided in subsection (b) of Code Section 42-8-62.1. (d) The court may enter an adjudication of guilt and proceed to sentence the defendant as otherwise provided by law when the: (1) Defendant violates the terms of his or her first offender probation; (2) Defendant is convicted for another crime during the period of his or her first offender sentence; or (3) Court determines that the defendant is or was not eligible for first offender sentencing under this article. (e) A defendant sentenced pursuant to this article shall be exonerated of guilt and shall stand discharged as a matter of law as soon as the defendant: (1) Completes the terms of his or her probation, which shall include the expiration of the sentence by virtue of the time frame of the sentence passing, provided that such sentence has not otherwise been tolled or suspended;

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(2) Is released by the court under Code Section 42-8-37, 42-8-103, or 42-8-103.1 prior to the termination of the period of his or her probation; or (3) Is released from confinement and parole, provided that the defendant is not serving a split sentence. (f)(1) If the defendant is serving a first offender probated sentence, under active probation supervision or without supervision, within 30 days of such defendant completing active probation supervision, it shall be the duty of the Department of Community Supervision to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such completion. (2) If the defendant is serving a first offender probated sentence, under active probation supervision or without supervision, within 30 days of such defendant completing the term of probation or being released by the court prior to the termination of the period of probation, it shall be the duty of the Department of Community Supervision or entity or governing authority that is providing probation supervision services pursuant to Article 6 of this chapter, as applicable, to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such completion or release. (3) If the defendant is serving a first offender probated sentence pursuant to Article 6 of this chapter, under active probation supervision or without supervision, within 30 days of such defendant completing the term of probation or being released by the court prior to the termination of the period of probation, it shall be the duty of the entity or governing authority that is providing probation supervision services pursuant to Article 6 of this chapter to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such completion or release. (4) If the defendant is not serving a first offender split sentence but is under parole supervision, within 30 days of such defendant completing the term of parole, it shall be the duty of the Department of Community Supervision to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such completion. (5) If the defendant was sentenced only to imprisonment as a first offender and not granted parole, within 30 days of such defendant being released from confinement, it shall be the duty of the Department of Corrections to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such release. (g) If the Department of Community Supervision fails to notify the clerk of court as provided in paragraph (2) or (4) of subsection (f) of this Code section, the entity or governing authority that is providing probation supervision services pursuant to Article 6 of this chapter fails to notify the clerk of court as provided in paragraph (2) or (3) of subsection (f) of this Code section, the Department of Corrections fails to notify the clerk of court as provided in paragraph (5) of subsection (f) of this Code section, or the state does not seek to have a first offender adjudicated guilty during the term of the first offender's sentence and the first offender's sentence has not otherwise been tolled or suspended, then the defendant shall be exonerated of guilt and shall stand discharged as a matter of law.

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(h)(1) When the clerk of court receives for filing an order of exoneration of guilt and discharge or is notified by the Georgia Crime Information Center that a defendant has completed his or her first offender sentence or was discharged pursuant to subsection (g) of this Code section, it shall be the duty of the clerk of court to enter on the criminal docket, accusation or indictment, sentencing order, and any subsequent order modifying the original first offender sentencing order within 30 days of the receipt of such order or notification the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-60.' (2) The entry required by paragraph (1) of this subsection shall be written or stamped in red ink, dated, and signed by the individual making such entry; provided, however, that, if the criminal docket or court records are maintained electronically or using computer printouts, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner, shall be dated, and shall include the name of the individual making such entry on the criminal docket, accusation or indictment, sentencing order, and any subsequent order modifying the original first offender sentencing order. (i) Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8-63.1, the first offender exoneration of guilt and discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, and the defendant shall not be considered to have a criminal conviction. (j) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46; (4) Neglecting disabled adults, elder persons, or residents as prohibited by Code Section 16-5-101; (5) Exploitation and intimidation of disabled adults, elder persons, and residents as prohibited by Code Section 16-5-102; (6) Sexual exploitation of a minor as prohibited by Code Section 16-12-100; (7) Electronically furnishing obscene material to a minor as prohibited by Code Section 16-12-100.1; (8) Computer pornography and child exploitation as prohibited by Code Section 16-12-100.2;

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(9)(A) Any of the following offenses when such offense is committed against a law enforcement officer while such officer is engaged in the performance of his or her official duties:
(i) Aggravated assault in violation of Code Section 16-5-21; (ii) Aggravated battery in violation of Code Section 16-5-24; or (iii) Obstruction of a law enforcement officer in violation of subsection (b) of Code Section 16-10-24, if such violation results in serious physical harm or injury to such officer. (B) As used in this paragraph, the term 'law enforcement officer' means: (i) A peace officer as such term is defined in paragraph (8) of Code Section 35-8-2; (ii) A law enforcement officer of the United States government; (iii) An individual employed as a campus police officer or school security officer; (iv) A conservation ranger; and (v) A jail officer employed at a county or municipal jail; or (10) Driving under the influence as prohibited by Code Section 40-6-391. (k) When a defendant has not been previously convicted of a felony, the court may, after an adjudication of guilt, sentence the defendant pursuant to this article as provided in Code Section 42-8-66 or modify a sentence as provided in subsection (f) of Code Section 17-10-1 so as to allow a sentence pursuant to this article. (l) A defendant shall not avail himself or herself of this article on more than one occasion.

42-8-61. When a defendant is represented by an attorney, his or her attorney shall be responsible for informing the defendant as to his or her eligibility for sentencing as a first offender. When a defendant is pro se, the court shall inquire as to the defendant's interest in entering a plea pursuant to the terms of this article. If the defendant expresses a desire to be sentenced as a first offender, the court shall ask the prosecuting attorney or probation official if the defendant is eligible for sentencing as a first offender. When imposing a sentence, the court shall ensure that, if a defendant is sentenced as a first offender, he or she is made aware of the consequences of entering a first offender plea pursuant to the terms of this article.

42-8-62. When an individual is placed on probation or in confinement under this article, within 30 days of the filing of such sentence, the clerk of court shall transmit a record of the first offender sentence to the Georgia Crime Information Center. The clerk shall also transmit any subsequent order or notification regarding a first offender's sentence, including, but not limited to, notification that the defendant completed active probation supervision, was released early from probation supervision, or completed the term of probation, notification that the defendant completed the term of prison or parole, an order revoking a first offender

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sentence, an order of exoneration of guilt and discharge, and tolling orders, to the Georgia Crime Information Center within 30 days of receiving such order for filing or notification.

42-8-62.1. (a) As used in this Code section, the term:
(1) 'Criminal history record information' shall have the same meaning as set forth in Code Section 35-3-30. (2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section 35-3-37. (3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code Section 35-3-37. (b)(1) At the time of sentencing, the defendant may seek to limit public access to his or her first offender sentencing information, and the court may, in its discretion, order any of the following:
(A) Restrict dissemination of the defendant's first offender records; (B) The criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant's criminal history record information in the custody of the clerk of court, including within any index, be sealed and unavailable to the public; and (C) Law enforcement agencies, jails, or detention centers to restrict the defendant's criminal history record information of arrest, including any fingerprints or photographs taken in conjunction with such arrest. (2) When considering the defendant's request under this subsection, the court shall weigh the public's interest in the defendant's criminal history record information being publicly available and the harm to the defendant's privacy and issue written findings of fact thereupon. (3) The court shall specify the date that such prohibited dissemination, sealing, and restrictions will take effect. (c) An individual who has been exonerated of guilt and discharged pursuant to this article, including those individuals exonerated of guilt and discharged prior to July 1, 2016, may petition the court that granted such discharge for an order to seal and make unavailable to the public the criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant's criminal history record information in the custody of the clerk of court, including within any index. Notice of such petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient notice. (d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code section, the court shall order the criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant's criminal history record information in the custody of the clerk of court, including within any index, to be sealed and made unavailable to the public if the court finds by a preponderance of the evidence that: (1) An exoneration of guilt and discharge has been granted pursuant to this article; and

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(2) The harm otherwise resulting to the privacy of the individual outweighs the public interest in the criminal history record information being publicly available. (e) Within 60 days of the filing of the court's order under subsection (d) of this Code section, the clerk of court shall cause every document in connection with such individual's case, physical or electronic, in its custody, possession, or control to be sealed. (f) When a court orders sealing of court records under subsection (d) of this Code section, the court may also order that records maintained by law enforcement agencies, jails, and detention centers be restricted and unavailable to the public. Such entities shall comply with such restriction within 30 days of receiving a copy of such order. (g)(1) Information sealed or restricted pursuant to this Code section shall always be available for inspection, copying, and use:
(A) As provided in subsection (c) of Code Section 42-8-65; (B) By the Judicial Qualifications Commission; (C) By a prosecuting attorney or public defender who submits a sworn affidavit to the clerk of court that attests that such information is relevant to a criminal proceeding; (D) Pursuant to a court order; and (E) By an individual who is the subject of sealed court files or restricted criminal history record information upon court order. (2) The confidentiality of such information shall be maintained insofar as practical.

42-8-63. Except as provided in Code Section 42-8-63.1, a discharge under this article is not a conviction of a crime under the laws of this state and shall not be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector.

42-8-63.1. (a) A discharge under this article may be used to disqualify an individual for employment if the individual was discharged under this article between July 1, 2004, and June 30, 2016, and:
(1) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the individual who is the subject of the inquiry was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest; (2) The employment is with a long-term care facility as defined in Code Section 31-8-51 or a person or entity that offers day care for elderly persons and the individual who is the subject of the inquiry was prosecuted for the offense of sexual battery, incest, pimping, or pandering or a violation of Article 8 of Chapter 5 of Title 16; or (3) The request for information is an inquiry about an individual who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides

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services to individuals who are mentally ill as defined in Code Section 37-1-1 or developmentally disabled as defined in Code Section 37-1-1 and the individual who is the subject of the inquiry was prosecuted for the offense of sexual battery, incest, pimping, or pandering. (b) A discharge under this article may be used to disqualify an individual for employment if the individual was discharged under this article on or after July 1, 2016, and: (1) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 5 of Chapter 5, Chapter 6, or Part 2 or 3 of Article 3 of Chapter 12; (2) The employment is with a long-term care facility as defined in Code Section 31-8-51 or with a person or entity that offers day care for elderly persons and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 5 or 8 of Chapter 5; or (3) The request for information is an inquiry about an individual who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to individuals who are mentally ill as defined in Code Section 37-1-1 or developmentally disabled as defined in Code Section 37-1-1 and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 8 of Chapter 5 or Chapter 6. (c) Any discharge under this article may be used to disqualify an individual from acquiring or maintaining a peace officer certification as provided for in Chapter 8 of Title 35, may disqualify an individual from employment in a certified position with a law enforcement unit, and may disqualify an individual from employment with the Georgia Peace Officer Standards and Training Council when the discharge under this article pertained to a felony offense or a crime involving moral turpitude.

42-8-64. A defendant sentenced pursuant to this article shall have the right to appeal in the same manner and with the same scope and same effect as if a judgment of conviction had been entered and appealed from.

42-8-65. (a) If otherwise allowable by law, in a subsequent prosecution of the defendant for another offense, when a defendant has not been exonerated of guilt and discharged, the prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article. (b) The records of the Georgia Crime Information Center showing treatment as a first offender shall be modified only when a court of competent jurisdiction enters:

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(1) An adjudication of guilt for the offense for which the offender has been sentenced as a first offender; (2) An order modifying the sentence originally imposed; or (3) An order correcting an exoneration of guilt and discharge entered pursuant to subsection (g) of Code Section 42-8-60. (c)(1) Any individual who is sentenced pursuant to subsection (a) or (k) of Code Section 42-8-60 shall not be deemed to have been convicted during such sentence, and records thereof shall only be disseminated by the Georgia Crime Information Center:
(A) To criminal justice agencies, as such term is defined in Code Section 35-3-30; (B) As authorized by subsection (c) of Code Section 35-3-37; and (C) As authorized by subparagraph (a)(1)(B) of Code Sections 35-3-34 and 35-3-35. (2) If a court of competent jurisdiction adjudicates the defendant guilty while such defendant is serving a first offender sentence, such records may be disseminated by the Georgia Crime Information Center as provided in Code Sections 35-3-34 and 35-3-35.

42-8-66. (a) An individual who qualified for sentencing pursuant to this article but who was not informed of his or her eligibility for first offender treatment may, with the consent of the prosecuting attorney, petition the superior court in the county in which he or she was convicted for exoneration of guilt and discharge pursuant to this article. (b) The court shall hold a hearing on the petition if requested by the petitioner or prosecuting attorney or desired by the court. (c) In considering a petition pursuant to this Code section, the court may consider any:
(1) Evidence introduced by the petitioner; (2) Evidence introduced by the prosecuting attorney; and (3) Other relevant evidence. (d) The court may issue an order retroactively granting first offender treatment and discharge the defendant pursuant to this article if the court finds by a preponderance of the evidence that the defendant was eligible for sentencing under the terms of this article at the time he or she was originally sentenced and the ends of justice and the welfare of society are served by granting such petition. (e) The court shall send a copy of any order issued pursuant to this Code section to the petitioner, the prosecuting attorney, the Georgia Crime Information Center, and the Department of Driver Services. The Georgia Crime Information Center and the Department of Driver Services shall modify their records accordingly. (f) This Code section shall not apply to a sentence that may be modified pursuant to subsection (f) of Code Section 17-10-1."

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PART VIB SECTION 6B-1.

Article 2 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to commitment hearings, is amended by revising Code Section 17-7-32, relating to the disposition of commitment form, warrant, and other papers, as follows:
"17-7-32. (a) The commitment form shall be delivered to the officer in whose charge the accused person is placed, and the officer shall deliver it with the accused person to the sheriff or the other person in charge of the jail. A memorandum of the commitment shall be entered on the warrant by the judicial officer.
(b)(1) The warrant and all other papers shall be forwarded to the clerk of the court having jurisdiction over the offense for delivery to the prosecuting attorney. After such delivery, if the prosecuting attorney decides to dismiss the case prior to filing an accusation or without seeking an indictment, he or she shall file a notice of such fact with the clerk of the court having jurisdiction over the offense. Such notice shall include the warrant number, if any, and any other identifying number assigned to the case by the Georgia Crime Information Center. Within 30 days of receiving such notice, the clerk of court shall transmit a copy of such notice to the Georgia Crime Information Center. (2) Nothing in this subsection shall prevent a prosecuting attorney who has probable cause from seeking charges against an accused within the applicable statute of limitations."

SECTION 6B-2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended in subsection (a) of Code Section 35-3-33, relating to the powers and duties of the center generally, by revising paragraph (10), by deleting "and" at the end of paragraph (15), by replacing the period with "; and" at the end of paragraph (16), and by adding a new paragraph (17) to read as follows:
"(10) Make available, upon request, to all local and state criminal justice agencies, all federal criminal justice agencies, and criminal justice agencies in other states any information in the files of the center which will aid these agencies in the performance of their official duties, including but not limited to final disposition of offenses; sentencing information and conditions; orders modifying an earlier disposition; orders relating to probation, including modification, tolling, completion of active probation supervision, termination, revocation, or completion of orders entered pursuant to Article 3 of Chapter 8 of Title 42; and orders relating to parole, including modification, tolling, termination, and revocation. For this purpose the center shall operate on a 24 hour basis, seven days a week. Such information when authorized by the council may also be made available to any other agency of the state or political subdivision of the state and to any other federal agency upon assurance by the agency concerned that the information is to

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be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders;" "(17) Notify the appropriate clerk of court that a defendant has completed his or her first offender sentence or was exonerated of guilt and discharged pursuant to subsection (g) of Code Section 42-8-60 within five days of such completion or exoneration."

SECTION 6B-3. Said article is further amended by revising subparagraphs (a)(1)(B) and (a)(1)(D) of Code Section 35-3-34, relating to disclosure and dissemination of criminal records to private persons and businesses, as follows:
"(B)(i) The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1. The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced as provided in Code Section 15-1-20, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1. (ii) During the period of time after a defendant, who has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, has completed active probation supervision through the remainder of such sentence, the center shall not provide records of arrests, charges, or sentences except as specifically authorized by Code Section 42-8-63.1. (iii) The center may provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1, while a defendant is under active probation supervision for such offense, or as provided in a court order;" "(D) The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 15-1-20, 35-3-37, or 42-8-62.1; or"

SECTION 6B-4. Said article is further amended by revising Code Section 35-3-34.1, relating to circumstances when exonerated first offender's criminal record may be disclosed, as follows:
"35-3-34.1. When a defendant has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first

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offender's record of arrests, charges, or sentences to the employers and entities and under the conditions set forth in Code Section 42-8-63.1."

SECTION 6B-5. Said article is further amended in Code Section 35-3-35, relating to disclosure and dissemination of criminal records to public agencies and political subdivisions, by revising subparagraphs (a)(1)(B) and (a)(1)(C) and by adding a new subparagraph to paragraph (1) of subsection (a) to read as follows:
"(B)(i) The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1. The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced as provided in Code Section 15-1-20, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1. (ii) During the period of time after a defendant, who has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, has completed active probation supervision through the remainder of such sentence, the center shall not provide records of arrests, charges, or sentences except as specifically authorized by Code Section 42-8-63.1. (iii) The center may provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1, while a defendant is under active probation supervision for such offense, or as provided in a court order; (C) When the identifying information provided is sufficient to identify persons whose records are requested electronically, the center may disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences without: (i) Fingerprint comparison; or (ii) Consent of the person whose records are requested; and (D) The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 15-1-20, 35-3-37, or 42-8-62.1;"

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SECTION 6B-6. Said article is further amended by revising subsections (b), (c), and (g) of Code Section 35-3-36, relating to the duties of state criminal agencies as to submission of fingerprints, photographs, or other identifying data to the center, as follows:
"(b) It shall be the duty of all chiefs of police, sheriffs, prosecuting attorneys, courts, judges, clerks of court, community supervision officers, county or Department of Juvenile Justice juvenile probation officers, probation officers and private probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, wardens or other persons in charge of penal and correctional institutions in this state, the Georgia Superior Court Clerks' Cooperative Authority, and the State Board of Pardons and Paroles to furnish the center with any other data deemed necessary by the center to carry out its responsibilities under this article. (c) All persons in charge of law enforcement agencies shall obtain or cause to be obtained fingerprints in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation, full-face and profile photographs if photo equipment is available, and other available identifying data of each person arrested or taken into custody for an offense of a type designated in paragraph (1) of subsection (a) of Code Section 35-3-33, of all persons arrested or taken into custody as fugitives from justice, and of all unidentified human corpses in their jurisdictions; but photographs need not be taken if it is known that photographs of the type listed taken within the previous year are on file. Fingerprints and other identifying data of persons arrested or taken into custody for offenses other than those designated may be taken at the discretion of the law enforcement agency concerned. Any person arrested or taken into custody and subsequently released without charge or cleared of the offense through court proceedings shall have any fingerprint record taken in connection therewith returned or deleted, as applicable, if the fingerprint record was taken in error or upon court order, and such dispositions shall be reported to the center." "(g) All persons in charge of law enforcement agencies, clerks of court or the Georgia Superior Court Clerks' Cooperative Authority as applicable, municipal judges when such judges do not have a clerk, magistrates, persons in charge of community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation offices, and the State Board of Pardons and Paroles shall transmit to the center the information described in Code Section 35-3-33 within 30 days of the creation or receipt of such information, except as provided in subsection (d) of this Code section, on the basis of the forms and instructions to be provided by the center."

SECTION 6B-7. Said article is further amended by revising paragraph (6) of subsection (a), subsection (h), and paragraph (5) of subsection (j) of Code Section 35-3-37, relating to review of individual's criminal history record information, as follows:
"(6) 'Restrict,' 'restricted,' or 'restriction' means that the criminal history record information of an individual relating to a particular charge shall be available only to

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judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures established by the center and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35." "(h) Access to an individual's criminal history record information, including any fingerprints or photographs of the individual taken in conjunction with the arrest, shall be restricted by the center for the following types of dispositions: (1) Prior to indictment, accusation, or other charging instrument:
(A) The case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and:
(i) The offense against such individual is closed by the arresting law enforcement agency. It shall be the duty of the head of the arresting law enforcement agency to notify the center whenever a record is to be restricted pursuant to this division within 30 days of such decision. A copy of the notice shall be sent to the accused and the accused's attorney, if any, by mailing the same by first-class mail within seven days of notifying the center; or (ii) The center does not receive notice from the arresting law enforcement agency that the offense has been referred to the prosecuting attorney or transferred to another law enforcement or prosecutorial agency of this state, any other state or a foreign nation, or any political subdivision thereof for prosecution and the following period of time has elapsed from the date of the arrest of such individual:
(I) If the offense is a misdemeanor or a misdemeanor of a high and aggravated nature, two years; (II) If the offense is a felony, other than a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, four years; or (III) If the offense is a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, seven years. If the center receives notice of the filing of an indictment subsequent to the restriction of a record pursuant to this division, the center shall make such record available in accordance with Code Section 35-3-34 or 35-3-35. If the center does not receive notice of a charging instrument within 30 days of the applicable time periods set forth in this division, such record shall be restricted by the center for noncriminal justice purposes and shall be considered sealed. (B) The case was referred to the prosecuting attorney but was later dismissed; (C) The grand jury returned two no bills; or (D) The grand jury returned one no bill and the applicable time period set forth in division (ii) of subparagraph (A) of this paragraph has expired; and

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(2) After indictment or accusation: (A) Except as provided in subsection (i) of this Code section, all charges were dismissed or nolle prossed; (B) The individual was sentenced in accordance with the provisions of subsection (a) or (c) of Code Section 16-13-2, and the individual successfully completed the terms and conditions of his or her probation; (C) The individual pleaded guilty to or was found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23 and was sentenced in accordance with the provisions of subsection (c) of Code Section 3-3-23.1, and the individual successfully completed the terms and conditions of his or her probation; (D) 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 during such program, excluding any arrest for a nonserious traffic offense; or (E) The individual was acquitted of all of the charges by a judge or jury unless, within ten days of the verdict, the prosecuting attorney demonstrates to the trial court through clear and convincing evidence that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available because either: (i) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; or (ii) The individual has been formally charged with the same or similar offense within the previous five years."
"(5) When an individual was arrested on a fugitive from justice warrant as provided in Code Section 17-13-4, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such warrant. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines that circumstances warrant restriction and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available."

SECTION 6B-8. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by revising paragraph (3) of subsection (a) of Code Section 42-8-36, relating to the duty of a probationer to inform his or her probation officer of residence and whereabouts and tolling, as follows:

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"(3) The effective date of the tolling of the sentence shall be the date the court enters a tolling order and shall continue until the probationer shall personally report to the officer, is taken into custody in this state, or is otherwise available to the court. The clerk of court shall transmit a copy of a tolling order to the Georgia Crime Information Center within 30 days of the filing of such order."

SECTION 6B-9. Said chapter is further amended by revising subsection (d) of Code Section 42-8-105, relating to a probationer's obligation to keep his or her probation officer informed of certain information, as follows:
"(d) The effective date of the tolling of the sentence shall be the date the court enters a tolling order and shall continue until the probationer personally reports to the probation officer or private probation officer, as the case may be, is taken into custody in this state, or is otherwise available to the court, whichever event first occurs. The clerk of court, or judge of any court when there is no clerk of court, shall transmit a copy of a tolling order to the Georgia Crime Information Center within 30 days of the filing of such order."

PART VIC SECTION 6C-1.

Code Section 10-1-393.5 of the Official Code of Georgia Annotated, relating to prohibited telemarketing, Internet activities, and home repair, is amended by revising division (b.1)(1)(B)(i) as follows:
"(i) Access to his or her case or charges was restricted pursuant to Code Section 15-1-20, 35-3-37, or 42-8-62.1;"

SECTION 6C-2. Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, is amended by revising subsection (f) as follows:
"(f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt as a matter of law pursuant to Code Section 42-8-60 shall, upon such discharge, be relieved from the disabilities imposed by this Code section."

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PART VII MISDEMEANOR PROBATION SERVICES
SECTION 7-1.

Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-8-100, relating to definitions for county and municipal probation, as follows:
"42-8-100. As used in this article, the term:
(1) 'Board' means the Board of Community Supervision. (2) 'DCS' means the Department of Community Supervision. (3) 'Private probation officer' means an individual employed by a private corporation, private enterprise, private agency, or other private entity to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor. (4) 'Probation officer' means an individual employed by a governing authority of a county, municipality, or consolidated government to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor."

SECTION 7-2 Said title is further amended by revising Code Section 42-8-101, relating to agreements for probation services, as follows:
"42-8-101. (a)(1) Upon the request of the chief judge of any court within a county and with the express written consent of such judge, the governing authority of such county shall be authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation in such county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the governing authority of the county with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection may be initiated by the chief judge of the court which is subject to such contract and shall be subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) Upon the request of the chief judge of any court within a county and with the express written consent of such judge, the governing authority of such county shall be authorized to establish a county probation system to provide probation supervision, counseling,

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collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation in such county. (b)(1) Upon the request of the judge of the municipal court of any municipality or consolidated government of a municipality and county of this state and with the express written consent of such judge, the governing authority of such municipality or consolidated government shall be authorized to enter into written contracts with private corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the governing authority of the municipality or consolidated government with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection may be initiated by the chief judge of the court which is subject to such contract and shall be subject to approval by the governing authority of the municipality or consolidated government which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) Upon the request of the judge of the municipal court of any municipality or consolidated government of a municipality and county of this state and with the express written consent of such judge, the governing authority of such municipality or consolidated government shall be authorized to establish a probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation."

SECTION 7-3. Said title is further amended by revising subsection (f) of Code Section 42-8-102, relating to probation, supervision, and revocation, as follows:
"(f)(1) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. As further set forth in this subsection, the judge may revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence, including tolling the sentence as provided in this article, at any time during the period of time originally prescribed for the probated sentence to run.

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(2)(A) When the sole basis for a probation revocation is for failure to pay fines, statutory surcharges, or probation supervision fees, the probationer shall be scheduled to appear on the court's next available court calendar for a hearing on such issue. No prehearing arrest warrant shall be issued under such circumstances. Absent a waiver, the court shall not revoke a probationary sentence for failure to pay fines, statutory surcharges, or probation supervision fees without holding a hearing, inquiring into the reasons for the probationer's failure to pay, and, if a probationary sentence is revoked, making an express written determination that the probationer has not made sufficient bona fide efforts to pay and the probationer's failure to pay was willful or that adequate alternative types of punishment do not exist. Should the probationer fail to appear at such hearing, the court may, in its discretion, revoke the probated sentence. (B) A person otherwise found eligible to have his or her probation modified or terminated pursuant to paragraph (1) of this subsection shall not be deemed ineligible for modification or termination of probation solely due to his or her failure to pay fines, statutory surcharges, or probation supervision fees. (3)(A) When the sole basis for a probation revocation is for failure to report as directed by his or her probation officer or private probation officer, as the case may be, such officer shall prepare an affidavit for the court, averring, at a minimum, that:
(i) The probationer has failed to report to his or her probation officer or private probation officer, as the case may be, on at least two occasions; (ii) The officer has attempted to contact the probationer at least two times by telephone or e-mail at the probationer's last known telephone number or e-mail address, which information shall be listed in the affidavit; (iii) The officer has checked the local jail rosters and determined that the probationer is not incarcerated; (iv) The officer has sent a letter by first-class mail to the probationer's last known address, which shall be listed in the affidavit, advising the probationer that the officer will seek to have the probationer arrested and have his or her probation revoked if the probationer does not report to such officer in person within ten days of the date on which the letter was mailed; and (v) The probationer has failed to report to the probation officer or private probation officer, as the case may be, as directed in the letter set forth in division (iv) of this subparagraph and ten days have passed since the date on which the letter was mailed. (B) In the event the probationer reports to his or her probation officer or private probation officer, as the case may be, within the period prescribed in division (iv) of subparagraph (A) of this paragraph, the probationer may be scheduled to appear on the next available court calendar for a hearing to consider whether the probation sentence should be revoked in whole or in part. (C) A probation officer or private probation officer, as the case may be, shall submit the affidavit required by subparagraph (A) of this paragraph together with his or her

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request for an arrest warrant, and the court may, in its discretion, issue a warrant for the arrest of the probationer. (4) At any revocation hearing, upon proof that the probationer has violated probation: (A) For failure to report to probation or failure to pay fines, statutory surcharges, or probation supervision fees, the court shall consider the use of alternatives to confinement, including community service, modification of the terms of probation, or any other alternative deemed appropriate by the court. The court shall consider whether a failure to pay court imposed financial obligations was willful. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed 120 days in confinement, whichever is less; and (B) For failure to comply with any other general provision of probation or suspension, the court shall consider the use of alternatives to confinement, including community service or any other alternative deemed appropriate by the court. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed two years in confinement, whichever is less."

SECTION 7-4. Said title is further amended by revising subsection (b) of and adding a new subsection to Code Section 42-8-103, relating to pay-only probation, to read as follows:
"(b) When pay-only probation is imposed, the probation supervision fees shall be capped so as not to exceed three months of ordinary probation supervision fees notwithstanding the number of cases for which a fine and statutory surcharge were imposed or that the defendant was sentenced to serve consecutive sentences; provided, however, that collection of any probation supervision fee shall terminate as soon as all court imposed fines and statutory surcharges are paid in full; and provided, further, that when all such fines and statutory surcharges are paid in full, the probation officer or private probation officer, as the case may be, shall submit an order to the court terminating the probated sentence within 30 days of fulfillment of such conditions. The court shall terminate such probated sentence or issue an order stating why such probated sentence shall continue." "(d) When a defendant is serving pay-only probation, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society."

SECTION 7-5. Said title is further amended by adding a new Code section to read as follows:
"42-8-103.1. (a) When a defendant is serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best

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interest of justice and the welfare of society. Such motion shall not be ripe until 12 months after the sentence was entered and every four months thereafter. The defendant shall serve the applicable entity or governing authority that is providing his or her probation services with a copy of such motion. (b) When a defendant is serving consecutive misdemeanor sentences, his or her probation officer or private probation officer, as the case may be, shall review such case after 12 consecutive months of probation supervision wherein the defendant has paid in full all court imposed fines, statutory surcharges, and restitution and has otherwise completed all testing, evaluations, and rehabilitative treatment programs ordered by the court to determine if such officer recommends early termination of probation. Each such case shall be reviewed every four months thereafter for the same determination until the termination, expiration, or other disposition of the case. If such officer recommends early termination, he or she shall immediately submit an order to the court to effectuate such purpose."

SECTION 7-6. Said title is further amended by revising subparagraph (b)(1)(D) of Code Section 42-8-105, relating to the probationer's obligation to keep an officer informed of certain information and tolling, as follows:
"(D) The officer has sent a letter by first-class mail to the probationer's last known address, which shall be listed in the affidavit, advising the probationer that the officer will seek a tolling order if the probationer does not report to such officer in person within ten days of the date on which the letter was mailed; and"

SECTION 7-7. Said title is further amended by revising Code Section 42-8-106, relating to the creation of the advisory council, as follows:
"42-8-106. There is created a judicial advisory committee with respect to the provisions of this article composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, one attorney who specializes in criminal defense appointed by the Governor, one probation officer appointed by the Governor, and one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor. The appointing authority shall determine the length of its appointee's term serving on such committee. The judicial advisory committee shall provide advice and consultation to the board and DCS on matters relating to this article. The judicial advisory committee shall elect a chairperson from among its membership and such other officers as it deems necessary.

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42-8-106.1. The board shall have the following powers and duties, provided that, with respect to promulgating the rules, regulations, and standards set forth in this subsection, the board shall seek input from the commissioner of community supervision: (1) To promulgate rules and regulations to implement the uniform professional standards for probation officers and uniform contract standards for the establishment of probation services by a county, municipality, or consolidated government established in Code Section 42-8-107; (2) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996; (3) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers and for 20 hours per annum of continuing education for such probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March 1, 2006; (4) To promulgate rules and regulations relative to compliance with the provisions of this article and enforcement mechanisms; (5) To promulgate rules and regulations establishing registration for any private corporation, private enterprise, private agency, county, municipality, or consolidated government providing probation services under the provisions of this article, subject to the provisions of Code Section 42-8-109.3; (6) To promulgate rules and regulations requiring criminal history record checks of individuals seeking to become private probation officers and establishing procedures for such criminal record checks. DCS on behalf of the board shall conduct a criminal history records check for individuals seeking to become probation officers as provided in Code Section 35-3-34. The board shall promulgate rules and regulations relating to restrictions regarding misdemeanor convictions. An agency or private entity shall also be authorized to conduct a criminal history records check of a person employed as a probation officer or private probation officer or individuals seeking such positions. The criminal history records check may be conducted in accordance with Code Section 35-3-34 and may be based upon the submission of fingerprints of the individual whose records are requested. The Georgia Bureau of Investigation shall submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice

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for processing and identification of records. The federal record, if any, shall be obtained and returned to the requesting entity or agency; (7) To promulgate rules and regulations requiring probation officers and private probation officers to be registered with DCS, pay a fee for such registration, and provide for the board to impose sanctions and fines on such officers for misconduct; and (8) To impose sanctions for noncompliance with this article or the board's rules and regulations."

SECTION 7-8. Said title is further amended by revising subsections (a), (c), and (d) of Code Section 42-8-107, relating to uniform professional standards and uniform contract standards, as follows:
"(a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer or probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer or probation officer and shall have completed a standard two-year college course or have four years of law enforcement experience; provided, however, that any person employed as a private probation officer as of July 1, 1996, and who had at least six months of experience as a private probation officer or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006, shall be exempt from such college requirements. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by DCS, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a basic course of training for supervision of probationers or parolees certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006. In no event shall any person convicted of a felony be employed as a probation officer or private probation officer." "(c) The uniform contract standards contained in this subsection shall apply to all counties, municipalities, and consolidated governments that enter into agreements to provide probation services under the authority of Code Section 42-8-101. The terms of any such agreement shall state at a minimum:
(1) The extent of the services to be rendered by the local governing authority providing probation services; (2) Any requirements for staff qualifications, including those contained in this Code section; (3) Requirements for criminal record checks of staff in compliance with the rules and regulations established by the board;

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(4) Policies and procedures for the training of staff that comply with the rules and regulations established by the board; (5) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (6) Procedures for handling the collection of all court ordered fines, fees, and restitution; (7) Circumstances under which revocation of an offender's probation may be recommended; (8) Reporting and record-keeping requirements; and (9) Default and agreement termination procedures."

SECTION 7-9. Said title is further amended by revising Code Section 42-8-108, relating to quarterly reporting to the judge, as follows:
"42-8-108. (a) Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall provide to the judge who consented to such contract or agreement and DCS a quarterly report summarizing the number of offenders under supervision; the amount of fines, statutory surcharges, and restitution collected; the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees if such services are provided directly or otherwise to the extent such fees are known, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the quarter, in such detail as DCS may require. Information reported pursuant to this subsection shall be annually submitted to the governing authority that entered into such contract and thereafter be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50. Local governments are encouraged to post electronic copies of the annual report on the local government's website, if such website exists. (b) All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, an auditor appointed by the affected county, municipality, or consolidated government, Department of Corrections, DCS, State Board of Pardons and Paroles, or the board."

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SECTION 7-10. Said title is further amended by revising Code Section 42-8-109.2, relating to confidentiality of records, as follows:
"42-8-109.2. (a) Except as provided in subsection (a) of Code Section 42-8-108 and subsection (b) of this Code section, all reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, private enterprise, or private agency contracting under the provisions of this article or by a county, municipality, or consolidated government providing probation services under this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, or an auditor appointed by such county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, Department of Corrections, DCS, State Board of Pardons and Paroles, or the board.
(b)(1) Any probationer under supervision under this article shall: (A) Be provided with a written receipt and a balance statement each time he or she makes a payment; (B) Be permitted, upon written request, to have a copy of correspondence, payment records, and reporting history from his or her probation file, one time, and thereafter, he or she shall be required to pay a fee as set by DCS; provided, however, that the board shall promulgate rules and regulations clarifying what confidential information may be withheld from such disclosure; and (C) Be permitted, upon written request to DCS, to have a copy of the supervision case notes from his or her probation file when the commissioner of community supervision authorizes the release of such information in a written order; provided, however, that the board shall promulgate rules and regulations clarifying what confidential information may be withheld from such disclosure.
(2) When a probationer claims that information is being improperly withheld from his or her file, the probationer may file a motion with the sentencing court seeking an in camera inspection of such file. The probationer shall serve such motion on the prosecuting attorney and probation officer or private probation officer as appropriate. (3) The following shall be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50:
(A) The board's rules and regulations regarding contracts or agreements for the provision of probation services; (B) The board's rules and regulations regarding the conduct of business by private entities providing probation services as authorized by this article; (C) The board's rules and regulations regarding county, municipal, or consolidated governments establishing probation systems as authorized by this article; and (D) The rules, regulations, operating procedures, and guidelines of any private corporation, private enterprise, or private agency providing probation services under the provisions of this article.

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(c) In the event of a transfer of the supervision of a probationer from a private corporation, private enterprise, or private agency or county, municipality, or consolidated government providing probation services under this article to DCS, DCS shall have access to any relevant reports, files, records, and papers of the transferring entity."

SECTION 7-11. Said title is further amended by revising Code Section 42-8-109.3, relating to registration with the board, as follows:
"42-8-109.3. (a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with DCS before entering into any contract to provide services. Any private corporation, private enterprise, or private agency registered with the board on or before June 30, 2016, shall be deemed registered with DCS; provided, however, that DCS shall be authorized to review such contract and shall be responsible for subsequent renewals or changes to such contract. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as DCS may require. No registration fee shall be required. (2) Any private corporation, private enterprise, or private agency required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the board. (b)(1) All counties, municipalities, and consolidated governments agreeing or offering to agree to establish a probation system shall register with DCS before entering into an agreement to provide services. Any county, municipality, or consolidated government that has a probation system registered with the board on or before June 30, 2016, shall be deemed registered with DCS; provided, however, that DCS shall be authorized to review such systems and shall be responsible for subsequent renewals or changes to such systems. The information included in such registration shall include the name of the county, municipality, or consolidated government, the principal business address and telephone number, a contact name for communication with DCS, and other information in such detail as DCS may require. No registration fee shall be required. (2) Any county, municipality, or consolidated government required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of existing agreements, in addition to any other sanctions imposed by the board."

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SECTION 7-12. Said title is further amended by revising paragraph (1) of subsection (a) and paragraph (1) of subsection (b) of Code Section 42-8-109.4, relating to the applicability of the article to contractors for probation services, as follows:
"(1) Register with DCS;" "(1) Register with DCS;"

PART VIII PROVIDING FOR MISCELLANEOUS CROSS-REFERENCES IN TITLE 42
SECTION 8-1.

Said title is further amended by revising subsection (e) of Code Section 42-1-14, relating to risk assessment classification, as follows:
"(e) Any sexually dangerous predator shall be required to wear an electronic monitoring system that shall have, at a minimum:
(1) The capacity to locate and record the location of a sexually dangerous predator by a link to a global positioning satellite system; (2) The capacity to timely report or record a sexually dangerous predator's presence near or within a crime scene or in a prohibited area or the sexually dangerous predator's departure from specific geographic locations; and (3) An alarm that is automatically activated and broadcasts the sexually dangerous predator's location if the global positioning satellite monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the equipment. Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Community Supervision if the sexually dangerous predator is under probation or parole supervision and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The electronic monitoring system shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator in accordance with subsection (b) of this Code section, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator."

SECTION 8-2. Said title is further amended by revising subsection (i) of Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, as follows:

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"(i) The board shall have the authority to request bids and proposals and to enter into contracts for the operation of probation detention centers by private companies and entities for the confinement of probationers under Code Section 42-8-35.4. The board shall have the authority to adopt, establish, and promulgate rules and regulations for the operation of probation detention centers by private companies and entities."

SECTION 8-3. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 42-2-15, relating to the employee benefit fund, as follows:
"(4) 'Facility' means a prison, institution, detention center, or such other similar property under the jurisdiction or operation of the department."

SECTION 8-4. Said title is further amended by revising subsection (g) of Code Section 42-8-34, relating to sentencing hearings and determinations, as follows:
"(g) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of the person's probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence, including ordering the probationer into the sentencing options system, as provided in Article 6 of Chapter 3 of this title, at any time during the period of time prescribed for the probated sentence to run. In addition, when the judge is considering revoking a probated sentence in order to require the defendant to enter a drug court division, mental health court division, family treatment court division, or veterans court division and the length of the original sentence is insufficient to authorize such revocation, the defendant may voluntarily agree to an extension of his or her original sentence within the maximum sentence allowed by law, notwithstanding subsection (f) of Code Section 17-10-1. Such extension shall be for a period not to exceed three years, and upon completion of such specific court division program, the court may modify the terms of probation in accordance with subparagraph (a)(5)(A) of Code Section 17-10-1."

SECTION 8-5. Said title is further amended by revising subsection (c) of Code Section 42-8-34.1, relating to revocation of probated or suspended sentence, as follows:
"(c) At any revocation hearing, upon proof that the defendant has violated any general provision of probation or suspension other than by commission of a new felony offense, the court shall consider the use of alternatives to include community service, probation detention centers, special alternative incarceration, or any other alternative to confinement deemed appropriate by the court or as provided by the state or county. In the event the court determines that the defendant does not meet the criteria for such alternatives, the

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court may revoke the balance of probation or not more than two years in confinement, whichever is less."

SECTION 8-6. Said title is further amended by revising Code Section 42-8-35.5, relating to confinement in probation diversion centers, as follows:
"42-8-35.5. Reserved."

SECTION 8-7. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 42-8-111, relating to court issuance of certificate for installation of ignition interlock devices, as follows:
"(3) Such person shall participate in a substance abuse treatment program as defined in paragraph (16.2) of Code Section 40-5-1, a drug court division in compliance with Code Section 15-1-15, a mental health court division in compliance with Code Section 15-1-16, a veterans court division in compliance with Code Section 15-1-17, or an operating under the influence court division in compliance with Code Section 15-1-19 for a period of not less than 120 days."

PART IX PAROLE BOARD AUTHORITY REGARDING
CERTAIN DRUG OFFENDERS SECTION 9-1.

Said title is further amended by revising subsection (b) of Code Section 42-9-45, relating to the State Board of Pardons and Paroles general rule-making authority, as follows:
"(b)(1) An inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his or her sentence or sentences or one-third of the time of his or her sentence or sentences, whichever is greater. (2) Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraphs (3) and (4) of this subsection, an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraphs (3) and (4) of this subsection, inmates serving sentences aggregating 21 years or more shall become eligible for consideration for parole upon completion of the service of seven years.

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(3) When an inmate was sentenced pursuant to subsection (d) of Code Section 16-13-30 and subsection (c) of Code Section 17-10-7 to a term of at least 12 years and up to a life sentence, he or she may become eligible for consideration for parole if he or she:
(A) Has never been convicted of: (i) A serious violent felony as such term is defined in Code Section 17-10-6.1; (ii) An offense for which he or she was or could have been required to register pursuant to Code Section 42-1-12; provided, however, that this paragraph shall not apply to any felony that became punishable as a misdemeanor on or after July 1, 2006; (iii) A violation of paragraph (1) or (2) of subsection (b) of Code Section 16-5-21; (iv) A violation of Code Section 16-11-106; and (v) A violation of Code Section 16-11-131;
(B) Has completed at least 12 years of his or her sentence; (C) Has obtained a low-risk for recidivism rating as determined by a validated risk assessment instrument approved by the Department of Corrections; (D) Has been classified as a medium or less than medium security risk for institutional housing classification purposes by the Department of Corrections; (E) Has completed all criminogenic programming requirements as determined by a validated risk assessment instrument approved by the Department of Corrections; (F) In the 12 months preceding consideration, has not been found guilty of any serious disciplinary infractions; and (G) Has a high school diploma or general educational development (GED) diploma, unless he or she is unable to obtain such educational achievement due to a learning disability or illiteracy. If the inmate is incapable of obtaining such education, he or she shall have completed a job skills training program, a literacy program, an adult basic education program, or a faith based program. (4) When an inmate was sentenced pursuant to subsection (c), (e), or (l) of Code Section 16-13-30 and subsection (c) of Code Section 17-10-7 to a term of at least six years, he or she may become eligible for consideration for parole if he or she: (A) Has never been convicted of:
(i) A serious violent felony as such term is defined in Code Section 17-10-6.1; (ii) An offense for which he or she was or could have been required to register pursuant to Code Section 42-1-12; provided, however, that this paragraph shall not apply to any felony that became punishable as a misdemeanor on or after July 1, 2006; (iii) A violation of paragraph (1) or (2) of subsection (b) of Code Section 16-5-21; (iv) A violation of Code Section 16-11-106; and (v) A violation of Code Section 16-11-131; (B) Has completed at least six years of his or her sentence; (C) Has obtained a low-risk for recidivism rating as determined by a validated risk assessment instrument approved by the Department of Corrections;

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(D) Has been classified as a medium or less than medium security risk for institutional housing classification purposes by the Department of Corrections; (E) Has completed all criminogenic programming requirements as determined by a validated risk assessment instrument approved by the Department of Corrections; (F) In the 12 months preceding consideration, has not been found guilty of any serious disciplinary infractions; and (G) Has a high school diploma or general educational development (GED) diploma, unless he or she is unable to obtain such educational achievement due to a learning disability or illiteracy. If the inmate is incapable of obtaining such education, he or she shall have completed a job skills training program, a literacy program, an adult basic education program, or a faith based program."

PART X PROFESSIONAL LICENSING CONSIDERATIONS
SECTION 10-1.

Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, is amended by revising Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses and probationary license, as follows:
"43-1-19. (a) A professional licensing board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the term 'felony' shall include any offense which, if committed in this state,

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would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph and subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public that materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this title or is of a nature likely to jeopardize the interest of the public; such conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Such conduct or practice shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a professional licensing board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority without regard to whether the violation is criminally punishable when such statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title and when the licensee or applicant knows or should know that such action violates such statute, law,

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or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for so long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material; (11) Failed to comply with an order for child support as defined by Code Section 19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Services indicating that the applicant or licensee has come into compliance with an order for child support so that a license may be issued or granted if all other conditions for licensure are met; or (12) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the applicant or licensee has entered into satisfactory repayment status so that a license may be issued or granted if all other conditions for licensure are met. (b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section. (c) For purposes of this Code section, a professional licensing board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (d) When a professional licensing board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of such license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license;

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(6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; (7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or (8) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the professional licensing board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, a professional licensing board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of a professional licensing board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, the term 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious. (g) In its discretion, a professional licensing board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to the licensed business or profession. (h)(1) The division director is vested with the power and authority to make, or cause to be made through employees or agents of the division, such investigations as he or she or a respective board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a professional licensing board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession subject to regulation or licensing by such board may have taken place. (2) 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 division

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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 lawful licensing authority. (3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public. (4) 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 of that licensee or applicant. (5) When a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board 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. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability 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 a business or profession licensed under this title 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 person who testifies or who makes a recommendation to a professional licensing 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 the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying. (j) 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 such chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered

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a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant. (k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the professional licensing board for that 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 division 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 that director, or that director's designee, shall be deemed to be service upon the licensee or applicant. (l) 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 in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board. (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever. (n) Regulation by a professional licensing board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (o) Subsections (a), (d),and (e) of this Code section shall be supplemental to and shall not operate to prohibit any professional licensing board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsection (a), (d), or (e) of this Code section limits such grounds or actions, those other provisions shall apply so long as the requirements of subsection (q) of this Code section are met.
(p)(1) Notwithstanding any other provision of this Code section or title, when an applicant submits his or her application for licensure or renewal, together with proof of completion of a drug court division as set forth in Code Section 15-1-15, a mental health court division as set forth in Code Section 15-1-16, a veterans court division as set forth in Code Section 15-1-17, an operating under the influence court division as set forth in Code Section 15-1-19, or a family treatment court division as set forth in Code

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Section 15-11-70, a board shall issue the applicant a probationary license under the terms and conditions deemed appropriate by such board. (2) Paragraph (1) of this subsection shall not supersede a board's consideration of an applicant's other prior criminal history or arrests or convictions that occur subsequent to completion of a court division identified in paragraph (1) of this subsection. (q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of a person licensed by that board due solely or in part to a conviction of any felony or due to any arrest, charge, and sentence for the commission of any felony unless such felony directly relates to the occupation for which the license is sought or held. (2) In determining if a felony directly relates to the occupation for which the license is sought or held, the professional licensing board shall consider:
(A) The nature and seriousness of the felony and the relationship of the felony to the occupation for which the license is sought or held; (B) The age of the person at the time the felony was committed; (C) The length of time elapsed since the felony was committed; (D) All circumstances relative to the felony, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of the felony; and (E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held."

PART XI FOOD STAMPS SECTION 11-1.

Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, is amended by adding a new Code section to read as follows:
"49-4-22. (a) An individual who was convicted under any state or federal law of an offense which has as an element the possession, use, or distribution of a controlled substance, as such term is defined in Code Section 16-13-21, and which is or would be classified as a felony under the laws of this state shall not be eligible for the federal Supplemental Nutrition Assistance Program while he or she is serving any term of imprisonment. If such individual was not sentenced to imprisonment, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation imposed. If such individual is sentenced to a term of imprisonment, after release from confinement, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation or parole imposed. If such individual violates the terms of probation as determined by court order

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or violates the terms of parole as determined by an order of the State Board of Pardons and Paroles, he or she shall lose eligibility for such program. If such individual successfully completes the original sentence imposed, he or she shall remain eligible for such program. (b) Any individual eligible for aid pursuant to this Code section shall be required to meet all other requirements for eligibility for such program."

PART XII YOUTHFUL PROBATION SUPERVISION
SECTION 12-1.

Code Section 49-4A-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Juvenile Justice, is amended in subsection (b) by deleting "and" at the end of paragraph (4), by replacing the period with "; and" at the end of paragraph (5), and by adding a new paragraph to read as follows:
"(6) Adopt rules and regulations governing the transfer of children who are at least 17 years of age and are released from restrictive custody due to an adjudication for a Class A designated felony act or Class B designated felony act, as such terms are defined in Code Section 15-11-2, to the Department of Community Supervision to ensure balanced attention to the protection of the community, the imposition of accountability, and the development of competencies to enable each child to become a responsible and productive member of the community, taking into consideration a child's level of participation in the department's educational, vocational, and other services prior to such release."

PART XIII PROVIDING FOR MISCELLANEOUS CROSS-REFERENCES IN THE CODE
SECTION 13-1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (b)(1)(B) of Code Section 16-8-14, relating to shoplifting, as follows:
"(B) Upon conviction of a third offense for shoplifting, when the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center 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 such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and

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such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and"

SECTION 13-2. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 16-8-14.1, relating to refund fraud, as follows:
"(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 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 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."

SECTION 13-3. Said title is further amended by revising paragraph (2) of subsection (d) of Code Section 16-11-135, relating to public or private employer's parking lots and rights of action, as follows:
"(2) To any penal institution, correctional institution, detention facility, jail, or similar place of confinement or confinement alternative;"

SECTION 13-4. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subparagraph (a)(3)(A) of Code Section 17-10-1, relating to fixing of sentence, as follows:
"(3)(A) Any part of a sentence of probation revoked for a violation other than a subsequent commission of any felony, a violation of a special condition, or a misdemeanor offense involving physical violence resulting in bodily injury to an innocent victim which in the opinion of the trial court constitutes a danger to the community or a serious infraction occurring while the defendant is assigned to an alternative probation confinement facility shall be served in a probation detention center, probation boot camp, weekend lock up, or confinement in a local jail or detention facility, or other community correctional alternatives available to the court or provided by the Department of Corrections."

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SECTION 13-5. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 17-10-3, relating to punishment for misdemeanors generally, as follows:
"(2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center pursuant to Code Section 42-8-35.4 for a determinate term of months which shall not exceed a total term of 12 months; or"

PART XIV EFFECTIVE DATES AND REPEALER
SECTION 14-1.

(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2016. (b) Part IX of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of Part IX of this Act shall be given retroactive effect to those sentences imposed before the effective date of Part IX of this Act.

SECTION 14-2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 27, 2016.

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INSURANCE EXEMPT MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS FROM PREMIUM TAXES.

No. 461 (House Bill No. 866).

AN ACT

To amend Chapter 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, so as to exempt multiple employer self-insured health plans from premium taxes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, is amended by revising Code Section 33-50-3, relating to application for license, payment of fees, and payment of premium taxes, as follows:
"33-50-3. (a) Application for a license shall be made on forms prescribed by the Commissioner. (b) Every multiple employer self-insured health plan shall pay to the Commissioner annual license fees, as established by rule or regulation of the Commissioner. (c) Every multiple employer self-insured health plan shall be exempt from the payment of premium taxes on the plan's net premium."

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 27, 2016.

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PROFESSIONS AND BUSINESSES RESPONSIBILITIES OF REAL ESTATE BROKERS TO REVIEW CERTAIN DOCUMENTS; UNFAIR TRADE PRACTICES.

No. 463 (House Bill No. 869).

AN ACT

To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain provisions relating to the responsibilities of brokers and qualifying brokers to review certain documents; to change certain provisions relating to actions that constitute unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by revising subsection (c) of Code Section 43-40-18,

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relating to management of firm and licensed affiliates and compliance with local ordinances, as follows:
"(c) The real estate brokerage activities of each firm shall be under the direct management and supervision of a broker or qualifying broker. The broker or qualifying broker shall be responsible for establishing, implementing, and continuing procedures for:
(1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations; (2) Providing programs for study and review of this chapter and its rules and regulations for all licensed associates; (3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, and management agreements to buy, sell, lease, or exchange real property and any offer to buy, sell, lease, or exchange real property accepted within the time limit of said offer secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract; (4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations; (5) Ensuring that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure and that when it pays compensation to an individual licensee, other than another firm, the license of such individual licensee was assigned to the firm by the commission at the time such individual licensee earned the compensation paid; (6) Ensuring that proper disbursements are made from trust accounts; (7) Providing continuing and reasonable safekeeping for all records related to real estate transactions which this chapter and its rules and regulations require a broker to maintain; (8) Providing all licensed personnel with written policies and procedures under which they are expected to operate; (9) Seeing that the firm and all licensed affiliates enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the commission shall not regulate the content of such agreements or enforce their provisions; and (10) Assuring that an individual with appropriate management authority is reasonably available to assist licensees and the public in real estate transactions handled by the firm."

SECTION 2. Said chapter is further amended by revising paragraphs (20) and (27) of subsection (b) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows:

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"(20) Failing to timely ensure that his or her client or customer receives a copy of the closing statement from a real estate transaction if the closing statement is provided to the licensee at closing. The broker shall retain true copies of such closing statements in the broker's files;" "(27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements if provided to the licensee, any offer or other document that resulted in the depositing of trust funds, accounting records related to the maintenance of any trust account required by this chapter, and other documents relating to real estate closings or transactions or failing to produce such documents at the reasonable request of the commission or any of its agents for their inspection;"

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

Approved April 27, 2016.

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COMMERCE AND TRADE GEORGIA LEMON LAW; DISPOSITION OF CERTAIN FEES.

No. 464 (House Bill No. 871).

AN ACT

To amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees collected to implement Article 28 of Chapter 1 of Title 10, the "Georgia Lemon Law," so as to require consumer fees to be forwarded to the Department of Law for deposit in the new motor vehicle arbitration account; 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 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees collected to implement Article 28 of Chapter 1 of Title 10, the "Georgia Lemon Law," is amended by revising subsection (a) as follows:
"(a) A fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or execution of a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Department of Law for deposit in the new motor vehicle

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arbitration account created in the state treasury. The payments are due and payable the first day of the month in each quarter for the previous quarter's collection and shall be mailed by the new motor vehicle dealer not later than the twentieth day of such month. The first day of the month in each quarter is July 1, October 1, January 1, and April 1 for each year. Consumer fees in the account shall be used for the purposes of this article. Funds in excess of the appropriated amount remaining in the new motor vehicle arbitration account at the end of each fiscal year shall be transferred to the general treasury. The new motor vehicle dealer shall retain $1.00 of each fee collected to cover administrative costs."

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

Approved April 27, 2016.

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INSURANCE ELIMINATE FOREIGN AND ALIEN INSURER DEPOSIT REQUIREMENT OF SECURITIES ELIGIBLE FOR INVESTMENT OF CAPITAL FUNDS UNDER CERTAIN CIRCUMSTANCES; REVISE DEFINITION OF COMPANY ACTION LEVEL EVENT TO INCLUDE CERTAIN HEALTH ORGANIZATIONS.

No. 466 (House Bill No. 884).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to eliminate the foreign and alien insurer deposit requirement of securities eligible for the investment of capital funds in certain amounts at the discretion of the Commissioner; to revise the definition of company action level event to include a health organization with certain total adjusted capital levels; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-3-9, relating to requirement of additional deposits of securities by foreign and alien insurers, as follows:

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"33-3-9. On and after July 1, 1967, in those instances in which the Commissioner in his or her judgment shall deem it to be in the best interests of the citizens of this state, no certificate of authority shall be issued by the Commissioner to any foreign and alien insurer nor shall any certificate of authority be renewed for any such insurer unless such insurer shall deposit with the Commissioner securities eligible for the investment of capital funds in such amount as the Commissioner shall require. This deposit and the deposit required by paragraph (1) of subsection (b) of Code Section 33-3-8 shall be administered as provided for in Chapter 12 of this title. Deposits under this Code section shall be held for the protection of the insurer's policyholders in this state and others in this state entitled to the proceeds of its policies."

SECTION 2. Said title is further amended in paragraph (1) of subsection (a) of Code Section 33-56-3, relating to company action level events, preparation and submission of risk-based capital level plan, hearing, and out-of-state filing, by adding a new subparagraph to read as follows:
"(D) If a health organization has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 3.0 and triggers the trend test determined in accordance with the trend test calculation included in the health RBC instructions;"

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

Approved April 27, 2016.

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HEALTH REPEAL OPTION FOR CERTAIN COUNTIES TO CREATE COUNTY BOARD OF HEALTH AND WELLNESS BY ORDINANCE; TRANSITION.

No. 467 (House Bill No. 885).

AN ACT

To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to repeal a statute relating to the option for certain counties to create a county board of health and wellness by ordinance; to provide for an effective date; to provide for transition to county boards of health; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by repealing in its entirety Code Section 31-3-2.1, relating to the option for certain counties to create a board of health and wellness by ordinance.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that for any county board of health and wellness which was established by county ordinance pursuant to the former provisions of Code Section 31-3-2.1 and which is still in existence as of the effective date of this Act, the members of such board shall remain in office and such board shall remain in existence until a county board of health is constituted pursuant to Code Section 31-3-2 for such county or until June 30, 2017, whichever occurs first.

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

Approved April 27, 2016.

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FOOD, DRUGS, AND COSMETICS EMPLOYING THE MAILS OR COMMON CARRIERS TO SEAL, DISTRIBUTE, AND DELIVER PRESCRIPTION DRUGS; REVISE PROVISIONS.

No. 468 (House Bill No. 886).

AN ACT

To amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant pharmacy licenses, so as to revise a provision relating to employing the mails or common carriers to sell, distribute, and deliver prescription drugs; 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 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant pharmacy licenses, is amended by revising paragraph (11) of subsection (a) as follows:
"(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to:
(A) A patient or directly to a patient's guardian or caregiver or a physician or physician acting as the patient's agent for whom the prescription drug was prescribed if:
(i) Such prescription drugs are prescribed for complex chronic, terminal, or rare conditions; (ii) Such prescription drugs require special administration, comprehensive patient training, or the provision of supplies and medical devices or have unique patient compliance and safety monitoring requirements; (iii) Due to the prescription drug's high monetary cost, short shelf life, special manufacturer specified packaging and shipping requirements or instructions which require temperature sensitive storage and handling, limited availability or distribution, or other factors, the drugs are not carried in the regular inventories of retail pharmacies such that the drugs could be immediately dispensed to multiple retail walk-in patients; (iv) Such prescription drug has an annual retail value to the patient of more than $10,000.00; (v) The patient receiving the prescription drug consents to the delivery of the prescription drug via expedited overnight common carrier and designates the specialty pharmacy to receive the prescription drug on his or her behalf; (vi) The specialty pharmacy utilizes a shipping method, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other recognized standards. The shipping method may include the use of temperature tags, time temperature strips, insulated packaging, or a combination of these; (vii) The specialty pharmacy establishes and notifies the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs; and (viii) Except as otherwise provided in division (vi) of this subparagraph, the specialty pharmacy complies with the rules and regulations of the State Board of Pharmacy regarding delivery by mail; (B) An institution or to sell, distribute, or deliver prescription drugs, upon his or her request, to an enrollee in a health benefits plan of a group model health maintenance organization or its affiliates by a pharmacy which is operated by that same group model

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health maintenance organization and licensed under Code Section 26-4-110 or to a patient on behalf of a pharmacy. Any pharmacy using the mails or other common carriers to dispense prescriptions pursuant to this paragraph shall comply with the following conditions:
(i) The pharmacy shall provide an electronic, telephonic, or written communications mechanism which reasonably determines whether the medications distributed by the mails or other common carriers have been received by the enrollee and through which a pharmacist employed by the group model health maintenance organization or a pharmacy intern under his or her direct supervision is enabled to offer counseling to the enrollee as authorized by and in accordance with his or her obligations under Code Section 26-4-85, unless the enrollee refuses such consultation or counseling pursuant to subsection (e) of such Code section. In addition, the enrollee shall receive information indicating what he or she should do if the integrity of the packaging or medication has been compromised during shipment; (ii) Except as otherwise provided in division (iii) of this subparagraph, the pharmacy complies with the rules and regulations of the State Board of Pharmacy regarding delivery by mail, including special conditions on the mailing of certain drugs and if necessary, restriction from delivery of certain substances by mail; provided, however, that the State Board of Pharmacy shall not promulgate a list of medications which may not be delivered by the mails or other common carriers. If, however, the State Board of Pharmacy bans a medication from being sold in this state, either over the counter or otherwise, then such medication shall not be delivered by mail. Nothing herein shall require a dispensing pharmacy to deliver by mail those medications which, in the professional opinion of the dispensing pharmacist, may be clinically compromised by distribution through the mail or other common carriers; (iii) The pharmacy shall utilize a shipping method, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other recognized standards. The shipping method may include the use of temperature tags, time temperature strips, insulated packaging, or a combination of these; and (iv) The pharmacy shall establish and notify the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs. For purposes of this subparagraph, the term 'group model health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefits plans of the health maintenance organization; or (C) A pharmacist or pharmacy to dispense a prescription and deliver it to another pharmacist or pharmacy to make available for a patient to receive the prescription and

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patient counseling according to Code Section 26-4-85. The State Board of Pharmacy shall adopt any rules and regulations necessary to implement this subparagraph;"

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

Approved April 27, 2016.

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HEALTH FOOD, DRUGS, AND COSMETICS SOCIAL SERVICES DRUG REPOSITORY PROGRAM TO ACCEPT AND DISPENSE UNUSED DRUGS.

No. 471 (House Bill No. 897).

AN ACT

To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for the establishment and operation of a drug repository program to accept and dispense unused over-the-counter and prescription drugs; to provide for definitions; to provide for criteria and requirements for unused over-the-counter and prescription drugs; to provide procedures for donation and dispensing of unused over-the-counter and prescription drugs; to provide for limited liability; to provide for rules and regulations; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to repeal the "Utilization of Unused Prescription Drugs 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 revise a provision for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended by adding a new article to read as follows:

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"ARTICLE 10

31-8-300. As used in this article, the term:
(1) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (2) 'Eligible patient' means an individual who is indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program, in accordance with criteria established by the Department of Public Health pursuant to Code Section 31-8-304. Other individuals may be considered eligible patients if the need for donated drugs for indigent, uninsured, underinsured, and public assistance health benefits program patients is less than the supply of donated drugs. (3) 'Eligible recipient' means a pharmacy, hospital, federally qualified health center, nonprofit clinic, or other entity meeting the criteria established by the Department of Public Health pursuant to Code Section 31-8-304. (4) 'Health care facility' means a:
(A) Nursing home licensed pursuant to Article 1 of Chapter 7 of this title; (B) Personal care home licensed pursuant to Code Section 31-7-12; (C) Assisted living community licensed pursuant to Code Section 31-7-12.2; (D) Hospice licensed pursuant to Article 9 of Chapter 7 of this title; and (E) Home health agency licensed pursuant to Article 7 of Chapter 7 of this title. (5) 'Health care professional' means any of the following who provide medical, dental, or other health related diagnosis, care, or treatment: (A) Physicians licensed to practice medicine under Chapter 34 of Title 43; (B) Registered nurses and licensed practical nurses licensed under Chapter 26 of Title 43; (C) Physician assistants licensed under Chapter 34 of Title 43; (D) Dentists and dental hygienists licensed under Chapter 11 of Title 43; (E) Optometrists licensed under Chapter 30 of Title 43; and (F) Pharmacists licensed under Chapter 4 of Title 26. (6) 'Hospital' means a facility licensed pursuant to Chapter 7 of this title. (7) 'Program' means the drug repository program established pursuant to Code Section 31-8-301.

31-8-301. (a) The Department of Public Health shall establish a drug repository program to accept and dispense over-the-counter and prescription drugs donated for the purpose of being dispensed to eligible patients. (b) Drugs shall only be dispensed pursuant to the program if:

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(1) For prescription drugs, they do not expire before the completion of the medication by the eligible patient based on the prescribing health care professional's directions for use and, for over-the-counter drugs, they do not expire before use by the eligible patient based on the directions for use on the manufacturer's label; and (2) The drugs were donated in unopened tamper-evident packaging as defined by United States Pharmacopeia General Chapter 659, Packaging and Storage Requirements, including but not limited to unopened unit-dose and multiple-dose packaging. (c) The following drugs shall not be donated to the program: (1) Controlled substances; (2) Drugs subject to a federal Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code if inventory transfer is prohibited by such strategy; or (3) Drugs that there is reason to believe are adulterated pursuant to Code Section 26-3-7.

31-8-302. (a) Any person, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility, may donate over-the-counter and prescription drugs to the program. The drugs shall be donated to an eligible recipient that voluntarily elects to participate in the program. Nothing in this or any other Code section shall require an eligible recipient to participate in the program. (b) An eligible recipient may do any of the following:
(1) Accept and dispense donated drugs to eligible patients. Prescription drugs shall only be dispensed pursuant to a valid prescription drug order. Eligible patients who are indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program in accordance with criteria established by the Department of Public Health pursuant to Code Section 31-8-304 shall be prioritized over other individuals; (2) Transfer donated drugs to another eligible recipient participating in the program or to a drug repository program operated by another state; (3) Repackage donated drugs as necessary for dispensing, administration, or transfers; and (4) Replenish drugs previously dispensed or administered to eligible patients. (c) An eligible recipient that accepts donated drugs shall comply with all applicable federal laws and laws of this state dealing with storage and distribution of dangerous drugs and shall inspect all drugs prior to dispensing them to determine that they are not adulterated. (d) An eligible recipient may charge a handling fee established in accordance with rules and regulations adopted by the Department of Public Health pursuant to Code Section 31-8-304; provided, however, that any such fee shall not exceed the reasonable costs of participating in the program. (e) Drugs donated to the program shall not be resold; provided, however, that reimbursement for any fee charged as authorized pursuant to this article by a health plan or pharmacy benefits manager for donated drugs shall not constitute reselling. Nothing in

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this article shall require a health plan or pharmacy benefits manager to be reimbursed for donated drugs.

31-8-303. When complying with the provisions of this article and the rules and regulations adopted pursuant to this chapter, unless an action or omission constitutes willful or wanton misconduct, the following persons or entities shall not be subject to criminal or civil prosecution, criminal or civil liability for injury, death, or loss to person or property, other criminal or civil action, or disciplinary actions by licensing, professional, or regulatory agencies:
(1) A person that donates or gives drugs to an eligible recipient, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility; (2) An eligible recipient; (3) A health care professional who prescribes or dispenses a donated drug; (4) The Department of Public Health and State Board of Pharmacy; (5) An intermediary that helps administer the program by facilitating the donation or transfer of drugs to eligible recipients; (6) A manufacturer or repackager of a donated drug; and (7) Any employee, volunteer, trainee, or other staff of individuals and entities listed in paragraphs (1) through (6) of this Code section.

31-8-304. (a) No later than January 1, 2017, the Department of Public Health shall establish rules and regulations to implement the program according to the provisions of this article for criteria for eligible recipients; standards and procedures for safely storing and dispensing donated drugs; criteria for eligible patients to receive donated drugs, including priority for patients who are indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program; and handling fees that may be charged by eligible recipients to eligible patients to cover restocking, marketing, administrative, and dispensing costs. (b) The Department of Public Health may waive any provision of this article if it determines that the waiver is in the interest of public health and safety."

SECTION 2. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by repealing and reserving Article 11, the "Utilization of Unused Prescription Drugs Act," in its entirety.

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SECTION 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by revising Code Section 49-4-152.5, relating to restocking fees, as follows:
"49-4-152.5. In the provision of medical assistance pursuant to this article, the department shall allow for the payment and coverage of appropriate restocking fees incurred by a pharmacy which receives and dispenses unused over-the-counter and prescription drugs pursuant to Article 10 of Chapter 8 of Title 31."

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

Approved April 27, 2016.

__________

COMMERCE AND TRADE REVENUE AND TAXATION TOBACCO SETTLEMENT AGREEMENT; DEFINITIONS, PROCEDURES, CONDITIONS, AND LIMITATIONS; DUTIES OF CIGARETTE IMPORTERS AND STAMPING AGENTS; DUTIES OF ATTORNEY GENERAL AND REVENUE COMMISSIONER.

No. 472 (House Bill No. 899).

AN ACT

To amend Chapters 13 and 13A of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers and master settlement agreement enhancements, respectively, so as to revise and add certain definitions; to provide for procedures, conditions, and limitations; to provide for responsibilities of cigarette importers and stamping agents; to provide for duties of the Attorney General and the revenue commissioner; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify applicability in conjunction with other provisions of law; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, is amended by revising Code Section 10-13-2, relating to definitions regarding tobacco product manufacturers, as follows:
"10-13-2. As used in this chapter, the term:
(1) 'Adjusted for inflation' means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) 'Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms 'owns,' 'is owned,' and 'ownership' mean ownership of an equity interest, or the equivalent thereof of 10 percent or more, and the term 'person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons. (3) 'Allocable share' means Allocable Share as that term is defined in the Master Settlement Agreement. (4) 'Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term 'cigarette' includes 'roll-your-own' (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of 'cigarette,' 0.09 ounces of 'roll-your-own' tobacco shall constitute one individual 'cigarette.' (5) 'Importer' means any person in the United States to whom nonfederal excise tax-paid cigarettes manufactured in a foreign country are shipped or consigned, any person who removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, or any person who smuggles or otherwise unlawfully brings cigarettes into the United States. (6) 'Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (7) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires

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that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. The principal balance in the qualified escrow fund must always be maintained so that both the face value and the cost basis of the account are each equal to or greater than the accumulated principal deposits. (8) 'Released claims' means Released Claims as that term is defined in the Master Settlement Agreement. (9) 'Releasing parties' means Releasing Parties as that term is defined in the Master Settlement Agreement. (10) 'Tobacco product manufacturer' means an entity that after the date of enactment of this chapter directly (and not exclusively through any affiliate):
(A) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. The term 'tobacco product manufacturer' shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (A) through (C) of this paragraph. (11) 'Units sold' means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, on packs required to bear a tax stamp pursuant to Code Section 48-11-3 and on 'roll-your-own' tobacco on which excise tax is due either by tax stamp or pursuant to an alternate method of taxation. 'Units sold' does not include cigarettes the purchase or use of which the state is prohibited from taxing under the Constitution or statutes of the United States. The state revenue commissioner and the Attorney General may promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year."

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SECTION 2. Said chapter is further amended by revising Code Section 10-13-3, relating to deposits into escrow accounts, as follows:
"10-13-3. Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after the date of enactment of this chapter shall do one of the following:
(1) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or
(2)(A) Place into a qualified escrow fund on a quarterly basis, no later than 30 days after the end of each calendar quarter in which sales are made, the following amounts (as such amounts are adjusted for inflation):
(i) 1999: $0.0094241 per unit sold after the date of enactment of this chapter; (ii) 2000: $0.0104712 per unit sold; (iii) For each of 2001 and 2002: $0.0136125 per unit sold; (iv) For each of 2003 through 2006: $0.0167539 per unit sold; and (v) For each of 2007 and each year thereafter: $0.0188482 per unit sold. (B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) of this paragraph shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances: (i) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this division: (I) in the order in which they were placed into escrow; and (II) only to the extent and at the time necessary to make payments required under such judgment or settlement; (ii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including, after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or (iii) To the extent not released from escrow under division (i) or (ii) of this subparagraph, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow. (C) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this paragraph shall quarterly and annually certify to the Attorney General that it is in compliance with this paragraph. The Attorney General may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into

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escrow the funds required under this paragraph. Any tobacco product manufacturer that fails in any calendar quarter or year to place into escrow the funds required under this paragraph shall:
(i) Be required within 15 days to place such funds into escrow as shall bring it into compliance with this paragraph. The court, upon a finding of a violation of this paragraph, may impose a civil penalty (to be paid to the general fund of the state) in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow; (ii) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this Code section. The court, upon a finding of a knowing violation of this paragraph, may impose a civil penalty (to be paid to the general fund of the state) in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and (iii) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary) for a period not to exceed two years. (D) An importer shall be jointly and severally liable for escrow deposits due from a nonparticipating manufacturer with respect to any nonparticipating manufacturer cigarettes that it imported and which were then sold in this state. Each failure to make a quarterly or annual deposit required under this Code section shall constitute a separate violation."

SECTION 3. Chapter 13A of Title 10 of the Official Code of Georgia Annotated, relating to master settlement agreement enhancements, is repealed and reenacted to read as follows:

"CHAPTER 13A

10-13A-1. The General Assembly finds that violations of Chapter 13 of this title threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The General Assembly finds that enacting procedural enhancements will aid the enforcement of such chapter and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the state, and the public health.

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10-13A-2. As used in this chapter, the term:
(1) 'Brand family' means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, 'menthol,' 'lights,' 'kings,' and '100s,' and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to or identifiable with a previously known brand of cigarettes. (2) 'Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term 'cigarette' includes 'roll-your-own' (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of 'cigarette,' 0.09 ounces of 'roll-your-own' tobacco shall constitute one individual 'cigarette.' (3) 'Commissioner' means the state revenue commissioner. (4) 'Dealer' means cigarette and loose and smokeless dealers as defined in paragraphs (7) and (17) of Code Section 48-11-1. (5) 'Directory' means the directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of Code Section 10-13A-3 and all brand families that are listed in such certifications developed by the Attorney General pursuant to Code Section 10-13A-4, or in the case of reference to another state's directory, the directory compiled under the similar law of the other state. (6) 'Distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on dealers; and (B) Is engaged in the business of:
(i) Manufacturing cigarettes in this state, importing cigarettes into this state, or purchasing cigarettes from other manufacturers or distributors; and (ii) Selling the cigarettes to dealers in this state for resale but is not in the business of selling the cigarettes directly to the ultimate consumer of the cigarettes. (7) 'Importer' means any person in the United States to whom nonfederal excise tax-paid cigarettes manufactured in a foreign country are shipped or consigned, any person who

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removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, or any person who smuggles or otherwise unlawfully brings cigarettes into the United States. (8) 'Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (9) 'Nonparticipating manufacturer' means any tobacco product manufacturer that is not a participating manufacturer. (10) 'Package' means any pack or other container on which a state stamp could be applied consistent with and as required by Code Section 48-11-3 that contains one or more individual cigarettes for sale. Nothing in this paragraph shall alter any other applicable requirements with respect to the minimum number of cigarettes that may be contained in a pack or other container of cigarettes. References to package do not include a container of multiple packages. (11) 'Participating manufacturer' has the meaning given that term in subsection II(jj) of the Master Settlement Agreement and all amendments thereto. (12) 'Person' means any natural person, trustee, company, partnership, corporation, or other legal entity. (13) 'Purchase' means any acquisition in any manner or by any means for any consideration. The term includes transporting or receiving product in connection with a purchase. (14) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. The principal balance in the qualified escrow fund must always be maintained so that both the face value and the cost basis of the account are each equal to or greater than the accumulated principal deposits. (15) 'Sale or sell' means any transfer, exchange, or barter in any manner or by any means for any consideration. Sale or sell includes distributing or shipping product in connection with a sale. References to sale 'in' or 'into' a state refers to the state of the destination point of the product in the sale, without regard to where title was transferred. References to sale 'from' the state refers to the sale of cigarettes that are located in the state to the destination in question without regard to where title was transferred. (16) 'Stamping agent' means any person that is authorized to affix stamps to packages or other containers of cigarettes under Code Section 48-11-3 or any person that is required to pay the excise tax under the alternate method of taxation, if so prescribed pursuant to Code Section 48-11-3 on 'roll-your-own' tobacco.

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(17) 'Tobacco product manufacturer' means an entity that after April 28, 1999: (A) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph.
The term tobacco product manufacturer shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (A) through (C) of this paragraph.
(18) 'Units sold' means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question on cigarette packs required to bear a tax stamp pursuant to Code Section 48-11-3 and on 'roll-your-own' tobacco on which excise tax is due either by tax stamp or pursuant to an alternate method of taxation. 'Units sold' does not include cigarettes the purchase or use of which the state is prohibited from taxing under the Constitution or statutes of the United States. The state revenue commissioner and the Attorney General may promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on cigarettes of such tobacco product manufacturer for each year.

10-13A-3. (a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the Attorney General a certification to the commissioner and Attorney General, no later than the thirtieth day of April each year, certifying that, as of the date of such certification, such tobacco product manufacturer either is a participating manufacturer or is in full compliance with Chapter 13 of this title, including all annual deposits required by paragraph (2) of Code Section 10-13-3.

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(b) Every tobacco product manufacturer shall also certify that: (1) Such manufacturer or its importer holds a valid permit under 26 U.S.C. Section 5713; and (2) Such manufacturer is in compliance with all reporting and registration requirements of 15 U.S.C. Sections 376 and 376a.
(c) In addition, participating manufacturer shall include in its certification a list of its brand families. A participating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and commissioner. A participating manufacturer may not include a brand family in its certification unless the participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement. (d) A nonparticipating manufacturer shall include in its certification a list of all of its brand families and the number of units sold for each brand family that were sold in this state during the preceding calendar year and a list of all of its brand families that have been sold in this state at any time during the current calendar year. Such lists must indicate any brand family sold in this state during the preceding calendar year that is no longer being sold in this state as of the date of such certification, and identification by name and address of any other manufacturer of such brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and commissioner. A nonparticipating manufacturer may not include a brand family in its certification unless such nonparticipating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of Chapter 13 of this title. Such certification must also certify:
(1) That such nonparticipating manufacturer is registered to do business in this state and has appointed a resident agent for service of process and provided notice thereof as required by Code Section 10-13A-6; (2) That such nonparticipating manufacturer has established and continues to maintain a qualified escrow fund as required by Code Section 10-13-3 and has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund; (3) That such nonparticipating manufacturer is in full compliance with Chapter 13 of this title, this chapter, Chapter 11 of Title 48, and any regulations promulgated pursuant to such chapters; (4) The name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established such qualified escrow fund required pursuant to Chapter 13 of this title and all regulations promulgated pursuant to such chapter; the account number of such qualified escrow fund and any subaccount number for this state; the amount such nonparticipating manufacturer placed in such fund for

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cigarettes sold in this state during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Attorney General to confirm the foregoing; and the amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to Chapter 13 of this title and all regulations promulgated pursuant to such chapter; (5) That such nonparticipating manufacturer consents to be sued in the courts of the State of Georgia for purposes of the state:
(A) Enforcing this chapter, Chapter 13 of this title, Title 48, and any regulations promulgated pursuant to these provisions; or (B) Bringing a released claim as defined in paragraph (8) of Code Section 10-13-2; (6) That such nonparticipating manufacturer has posted the appropriate bond required under Code Section 10-13A-7 and the information needed to establish the existence of such bond; and (7) In the case of a nonparticipating manufacturer located outside of the United States, the nonparticipating manufacturer shall provide a declaration from each of its importers into the United States of any of its brand families to be sold in this state. The declaration shall be on a form prescribed by the Attorney General and shall state the following: (A) The importer accepts joint and several liability with the nonparticipating manufacturer for all obligations to place funds into a qualified escrow fund and for payment of all civil penalties and all reasonable costs and expenses of investigation and prosecution, including attorney's fees; (B) The importer consents to personal jurisdiction in Georgia for the purposes of claims by the state for any obligation to place funds into a qualified escrow fund and for payment of all civil penalties and all reasonable costs and expenses of investigation and prosecution, including attorney's fees; and (C) The importer has appointed a registered agent for service of process in Georgia according to the same requirements as established in Code Section 10-13A-6 for any nonresident or foreign nonparticipating manufacturer. Certification in accordance with this subsection shall be deemed to be in compliance with subparagraph (C) of paragraph (2) of Code Section 10-13-3. (e) Nothing in this Code section shall be construed as limiting or otherwise affecting the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Chapter 13 of this title. (f) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.

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10-13A-4. (a) The Attorney General shall develop and make available for public inspection on its website a directory, as defined in paragraph (5) of Code Section 10-13A-2. (b) The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Attorney General determines is not in compliance with Code Section 10-13A-3, unless the Attorney General has determined that such violation has been cured to the satisfaction of the Attorney General. (c) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory if the Attorney General concludes, in the case of a nonparticipating manufacturer, that:
(1) Any escrow payment required pursuant to Chapter 13 of this title for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or (2) Any outstanding final judgment, including interest thereon, for a violation of Chapter 13 of this title has not been fully satisfied for such brand family or such manufacturer. (d) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove tobacco product manufacturers or brand families to keep the directory in conformity with the requirements of this chapter. (e) Every distributor shall provide and update as necessary an e-mail address to the Attorney General for the purpose of receiving any notifications as may be required by this chapter.

10-13A-5. It shall be unlawful for any person to affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory or to sell, offer for sale, or possess with intent to sell, or import for personal use, in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.

10-13A-6. (a) Any nonresident or foreign nonparticipating manufacturer or importer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state as required by Code Section 48-11-5 to act as agent for the service of process on whom all process and any action or proceeding against it concerning or arising out of the enforcement of Chapter 13 of this title or this chapter may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the

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nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of such agent to the satisfaction of the commissioner and Attorney General. (b) The nonparticipating manufacturer or importer shall provide notice to the commissioner and Attorney General 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the agent and the nonparticipating manufacturer or importer shall notify the commissioner and Attorney General of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent. (c) Any nonparticipating manufacturer or importer whose cigarettes are sold in this state who has not appointed and engaged an agent as required in this Code section shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this state by service of process upon the Secretary of State; provided, however, that the appointment of the Secretary of State as such agent shall not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer or importer included or retained in the directory. (d) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter. The Attorney General shall post in the directory and transmit by e-mail or other practicable means to each notice of any removal from the directory of a tobacco product manufacturer or brand family at least 30 days prior to removal from the directory of such tobacco product manufacturer or brand family. Unless otherwise provided by agreement between the wholesaler and a tobacco product manufacturer, the wholesaler shall be entitled to a refund from a tobacco product manufacturer for any money paid by the wholesaler to the tobacco product manufacturer for any cigarettes of the tobacco product manufacturer in the possession of the wholesaler on the effective date of removal from the directory, or as subsequently received from a retail dealer as provided in this chapter, of products of that tobacco product manufacturer or brand family of cigarettes. Unless otherwise provided by agreement between a retail dealer and the wholesaler or a tobacco product manufacturer, a retail dealer shall be entitled to a refund from the wholesaler or a tobacco product manufacturer for any money paid by the retail dealer to the wholesaler or such tobacco product manufacturer for any cigarettes of the tobacco product manufacturer still in the possession of the retail dealer on the effective date of removal from the directory of that tobacco product manufacturer or brand family.

10-13A-7. (a) All nonparticipating manufacturers shall post a bond for the benefit of the state which is subject to execution under subsection (c) of this Code section. The bond shall be posted

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by a corporate surety located within the United States. The bond shall be posted and evidence of such posting shall be provided to the Attorney General with the nonparticipating manufacturer's quarterly and annual certifications as a condition of the nonparticipating manufacturer and its brand families being included or remaining in the directory for the following quarter or year. (b) The amount of the bond shall be the greater of:
(1) Fifty thousand dollars; or (2) The highest amount of escrow owed in Georgia by the nonparticipating manufacturer or its predecessor in the last 12 quarters. (c) If a nonparticipating manufacturer that posted a bond has failed to make, or have made on its behalf by an entity with joint and several liability, escrow deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter under Code Section 10-13-3, the state may execute upon the bond, first to recover delinquent escrow, which amount shall be deposited into a qualified escrow account under Code Section 10-13-3, and then to recover civil penalties and costs authorized under such Code section. Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and from the importers that sold its cigarettes during that calendar quarter and at any time prior to the removal of the nonparticipating manufacturer and brand from the directory.

10-13A-8. (a) Not later than 10 calendar days after the end of each calendar month, and more frequently if so directed by the Attorney General, each distributor shall submit such information as the Attorney General requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes, or, in the case of 'roll-your-own,' the equivalent count, for which the distributor affixed tax stamps during the previous calendar month or otherwise paid the tax due for such cigarettes. The distributor shall also certify that the information provided to the Attorney General is complete and accurate. The distributor shall maintain and make available to the Attorney General all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the Attorney General for a period of five years. (b) Notwithstanding any law to the contrary, the commissioner and the Attorney General are authorized to disclose to each other any information received under this chapter, Chapter 13 of this title, and Title 48 for the purposes of determining compliance with and enforcing the provisions of this chapter, Chapter 13 of this title, and Title 48. The commissioner and Attorney General may also share such information with other federal, state, or local courts or agencies for purposes of enforcing the provisions of this chapter, Chapter 13 of this title, or the corresponding laws of other states. The commissioner and Attorney General may also disclose information provided under this Code section, Chapter 13 of this title, and Title 48 that may otherwise be confidential:

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(1) In discharge of the duty to enforce or defend the provisions of this part or Chapter 13 of this title; (2) In the course of any litigation, arbitration, or proceeding related to this part, Chapter 13 of this title, the Master Settlement Agreement, or the NPM Adjustment Settlement Agreement; or (3) In complying with provisions in the NPM Adjustment Settlement Agreement. Despite this disclosure, the information shall maintain its confidential status. (c) Any tobacco sales data provided by another state, a tobacco product manufacturer, or other person or entity to a data clearing-house pursuant to the NPM Adjustment Settlement Agreement that is also provided to the Attorney General or commissioner pursuant to that agreement shall be treated as confidential tax information as defined in Title 48. This subsection only applies to information received by the Attorney General or commissioner solely as a result of the NPM Adjustment Settlement Agreement. (d) The Attorney General may require at any time from the nonparticipating manufacturer proof from the financial institution in which such manufacturer has established a qualified escrow fund for the purpose of compliance with Chapter 13 of this title of the amount of money in such fund, exclusive of interest, the amount and date of each deposit to such fund, and the amount and date of each withdrawal from such fund. (e) In addition to the information required to be submitted pursuant to this chapter, the Attorney General may require a distributor, stamping agent, or tobacco product manufacturer to submit any additional information or documentation, including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine whether a tobacco product manufacturer is in compliance with this chapter. (f) To promote compliance with this chapter, the Attorney General may promulgate regulations. The Attorney General may also require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the quarterly or annual escrow deposit.

10-13A-9. (a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated Code Section 10-13A-5 or any regulation adopted pursuant to this chapter, the commissioner may revoke or suspend the dealer or distributor's license of the stamping agent in the manner provided by Code Section 48-11-6. Each tax stamp affixed and each sale or offer to sell cigarettes in violation of Code Section 10-13A-5 or the rules and regulations adopted pursuant to this chapter shall constitute a separate violation. For each violation, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes or $5,000.00 upon a determination of a violation of Code Section 10-13A-5 or any regulations adopted pursuant thereto. Such penalty shall be imposed in the manner provided in subsection (c) of Code Section 48-11-24.

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(b) A license may also be subject to termination, suspension, or other available remedy found in Code Section 48-11-14, if:
(1) A distributor fails to provide a report required under Code Section 10-13A-8; or (2) A distributor files an incomplete or inaccurate report required under Code Section 10-13A-8. (c) Any cigarettes that have been sold, offered for sale, or possessed for sale in this state in violation of Code Section 10-13A-5 or other provisions of this chapter or Chapter 13 of this title shall be deemed contraband under Code Section 48-11-9 and such cigarettes shall be subject to seizure and forfeiture as provided in such Code section. (d) The Attorney General, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of Code Section 10-13A-5 or of subsection (a) or (e) of Code Section 10-13A-8 by a distributor or stamping agent and to compel the distributor to comply with said Code section or either such subsection. In any action brought pursuant to this Code section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney fees. (e) It shall be unlawful for a person to sell or distribute cigarettes or to acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state in violation of Code Section 10-13A-5. Any person who violates this subsection shall be guilty of a misdemeanor. (f) A violation of Code Section 10-13A-5 shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' (g) It is unlawful for any person to knowingly submit any false information required pursuant to Chapter 13 of this title or this chapter. A violation of this subsection is a felony. Knowing submission of false information shall also be grounds for removal of a tobacco product manufacturer or brand from the directory.

10-13A-10. (a) A determination of the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Article 1 of Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.' (b) No person shall be issued a license or granted a renewal of a license under Chapter 11 of Title 48 to act as a distributor unless such person has certified in writing that such person will comply fully with this chapter. (c) The Attorney General may promulgate rules and regulations necessary to effect the purposes of this chapter. (d) In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees.

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(e) If a court of competent jurisdiction finds that the provisions of this chapter and of Chapter 13 of this title conflict and cannot be harmonized, then such provisions of Chapter 13 of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter causes Chapter 13 of this title to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof."

SECTION 4. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended by revising paragraph (4) of subsection (c) of Code Section 48-11-4, relating to licensing and registration of persons engaged in the tobacco business and annual fees, as follows:
"(4) Each manufacturer's, importer's, distributor's, or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time."

SECTION 5. Said chapter is further amended by revising Code Section 48-11-6, relating to suspension and revocation of licenses, as follows:
"48-11-6. The commissioner may suspend or refuse to renew a license issued to any person under this chapter for violation of any provision of this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. After notice and opportunity for hearing, the commissioner may revoke a license issued to any person under this chapter for violation of any provision of this chapter or of any rule or regulation of the commissioner made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. Any person aggrieved by the suspension of or refusal to renew his or her license may apply to the commissioner for a hearing as provided in subsection (a) of Code Section 48-11-18; and any person aggrieved by the action of the commissioner in revoking or refusing to renew his or her license after hearing may further appeal to the courts as provided in subsection (b) of Code Section 48-11-18. No legal proceedings or other action by the commissioner shall be barred or abated by the suspension, revocation, or expiration of any license issued under this chapter."

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SECTION 6. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 48-11-9, relating to seizure of unstamped tobacco products as contraband, as follows:
"(a)(1) Any cigars, cigarettes, or loose or smokeless tobacco found at any place in this state without stamps affixed to them as required by this chapter and any cigarettes in violation of subsection (c) of Code Section 10-13A-9 are declared to be contraband articles and may be seized by the commissioner, the commissioner's agents or employees, or any peace officer of this state when directed by the commissioner to do so."

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

Approved April 27, 2016.

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HEALTH INFORMATION ON INFLUENZA TO RESIDENTS OF ASSISTED LIVING COMMUNITIES.

No. 473 (House Bill No. 902).

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 for educational information on influenza disease to residents of assisted living communities; to provide for statutory construction; to provide that no cause of action is created; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code section to read as follows:
"31-7-21. (a) Each assisted living community shall annually provide to each of its residents, no later than September 1 of each year, educational information on influenza disease. Such information shall include, but is not limited to, the risks associated with influenza disease; the availability, effectiveness, and known contraindications of the influenza immunization;

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causes and symptoms of influenza; and the means in which it is spread. Provision of the appropriate and current Vaccine Information Statement as provided by the Centers for Disease Control and Prevention shall be deemed to comply with this subsection. (b) Nothing in this Code section shall be construed to require an assisted living community to provide or pay for any vaccination against influenza for its residents. (c) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from providing, or the lack of providing, educational information pursuant to this Code section."

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

Approved April 27, 2016.

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LABOR AND INDUSTRIAL RELATIONS UNEMPLOYMENT TRUST FUND; PREVENTION OF FRAUD AND ABUSE; CONFIDENTIAL INFORMATION; CONTRIBUTION RATES AND CREDITS.

No. 474 (House Bill No. 904).

AN ACT

To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to prevent fraud and abuse of the Unemployment Trust Fund by authorizing the Commissioner of Labor to submit to and receive from the state revenue commissioner certain information related to persons paying into or receiving funds from such fund; to provide penalties for the unlawful divulging of certain confidential information; to change certain contribution rates and credits; to change certain provisions relating to rate of employer contributions; to extend certain provisions relating to variations in the standard rate; to extend provisions relating to administrative assessments; to reduce the percentage of the administrative assessment to be assessed for a certain period; to provide exceptions; to change certain provisions relating to additional assessments for a new or newly covered employer; to extend the provision relating to automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by adding a new Code section to read as follows:
"34-8-130. (a) To enforce the provisions of this article and to prevent fraud and abuse of the Unemployment Trust Fund, the Commissioner or his or her duly authorized representative may submit to the state revenue commissioner the names and social security numbers of any individuals who are required to report earnings to the department along with the amount of earnings such individuals have reported to the department during specified time periods. The state revenue commissioner shall compare the submitted earnings of such individuals with income reported by such individuals to the Department of Revenue and shall verify and report back to the department that the submitted earnings of each such individual are either equal to, greater than, or less than the amount of income reported by each such individual to the Department of Revenue. Furthermore, the department may submit to the state revenue commissioner the name of any employer along with the number of employees who are being reported to the department by such employer during specified time periods. The state revenue commissioner shall compare such records submitted by employers to the department with the number of employees reported by each such employer to the Department of Revenue and shall verify and report back to the department that the number of employees reported to the department is either equal to, greater than, or less than the number of employees reported to the Department of Revenue for state income tax withholding purposes for the specified time period. The department shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No report contemplated by this subsection shall be provided by the Department of Revenue to the department without a cooperative data sharing agreement executed by the two departments that is specific to the subject matter of this subsection. Any tax information secured from the federal government by the Department of Revenue pursuant to the provisions of Section 6103 of the Internal Revenue Code shall not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection shall be subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information, as well as the penalties provided under Code Section 34-8-125. (b) Nothing in this Code section shall prevent the Department of Revenue or any other governmental agency from having access to records or information as provided for under Code Section 34-8-125."

SECTION 2. Said chapter is further amended by revising Code Section 34-8-151, relating to rate of employer contributions, as follows:

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"34-8-151. (a) For periods prior to April 1, 1987, or after December 31, 2022, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (b) For periods on or after April 1, 1987, but on or before December 31, 1999, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (c) For periods on or after January 1, 2000, but on or before December 31, 2016, each new or newly covered employer shall pay contributions at a rate of 2.62 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (d) For periods on or after January 1, 2017, but on or before December 31, 2022, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162."

SECTION 3. Said chapter is further amended by revising the introductory language in subsections (c) and (e) of Code Section 34-8-155, relating to benefit experience and variations from standard rate, as follows:
"(c) For the periods prior to April 1, 1987, or after December 31, 2022, variations from the standard rate of contributions shall be determined in accordance with the following requirements:" "(e) For the periods on or after January 1, 2000, but on or before December 31, 2022, variations from the standard rate of contributions shall be determined in accordance with the following requirements:"

SECTION 4. Said chapter is further amended by revising Code Section 34-8-180, relating to creation of administrative assessment upon all wages and assessments due quarterly, as follows:
"34-8-180. (a) For the periods on or after January 1, 2000, but on or before December 31, 2016, there is created an administrative assessment of 0.08 percent to be assessed upon all wages as defined in Code Section 34-8-49, except the wages of:

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(1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (b) For the periods on or after January 1, 2017, but on or before December 31, 2022, there is created an administrative assessment of 0.06 percent to be assessed upon all wages as defined in Code Section 34-8-49, except the wages of: (1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (c) Assessments pursuant to this Code section shall become due and shall be paid by each employer and must be reported on the employer's quarterly tax and wage report according to such rules and regulations as the Commissioner may prescribe. The assessments provided in this Code section shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this subsection is unlawful."

SECTION 5. Said chapter is further amended by revising Code Section 34-8-181, relating to additional assessment for new or newly covered employer, as follows:
"34-8-181. (a) For the periods on or after January 1, 2000, but on or before December 31, 2016, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of 0.08 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. (b) For the periods on or after January 1, 2017, but on or before December 31, 2022, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of 0.06 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158."

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SECTION 6. Said chapter is further amended by revising Code Section 34-8-185, relating to repealer of the article, as follows:
"34-8-185. This article shall stand repealed in its entirety on January 1, 2023."

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

Approved April 27, 2016.

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HEALTH COSTS OF COPYING AND MAILING MENTAL HEALTH RECORDS.

No. 475 (House Bill No. 910).

AN ACT

To amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that provisions relating to the costs of copying and mailing patient records apply to psychiatric, psychological, and other mental health records; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, is amended in Code Section 31-33-3, relating to costs of copying and mailing health records and patient's rights as to records, by adding a new subsection to read as follows:
"(c) This Code section shall apply to psychiatric, psychological, and other mental health records of a patient."

SECTION 2. Said chapter is further amended in Code Section 31-33-4, relating to mental health records, as follows:
"31-33-4. The provisions of this chapter, except as otherwise provided in Code Sections 31-33-3, 31-33-7, and 31-33-8, shall not apply to psychiatric, psychological, or other mental health records of a patient."

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

Approved April 27, 2016.

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HEALTH RESTRICT CIVIL ACTIONS AGAINST CERTAIN PARTIES INVOLVED IN NURSING HOMES AND INTERMEDIATE CARE HOMES; CONDITIONS FOR PERMITS.

No. 476 (House Bill No. 920).

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 restrict civil actions against certain parties involved in nursing homes and intermediate care homes; to provide for definitions; to provide for procedure; to provide for insurance or self-insurance trusts as a condition precedent to obtaining or maintaining a permit to operate a nursing home or intermediate care home; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding two new Code sections to read as follows:
"31-7-3.3. (a) As used in this Code section, the term 'excluded party' means a person or entity that neither performs, has the duty to perform, nor controls the performance of any of the following functions at or on behalf of a nursing home or intermediate care home where alleged injuries occurred:
(1) Providing management, operation, or administrative services for such home; (2) Hiring or firing of the administrator, director of nursing, or other staff working at such home; (3) Setting or controlling the budget of such home; (4) Staffing or determining the level of staff at such home;

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(5) Providing direct care, treatment, or services to the residents of such home; (6) Making decisions regarding the care, treatment, or services provided to residents at such home; or (7) Adopting, implementing, or enforcing the policies and procedures for such home. (b) Except as otherwise provided by law, the mere ownership of an entity shall not, by itself, create the duty to perform the functions listed in subsection (a) of this Code section. (c) An excluded party shall not be named in a civil action that alleges their direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title. (d) Any person or entity named as a defendant in a civil action or arbitration, who claims to be an excluded party, may serve a notice of such claim upon the plaintiff. Such notice shall be sent to counsel for the plaintiff by certified mail, return receipt requested, or, if the plaintiff does not have an attorney, to the plaintiff personally via certified mail, return receipt requested. Such notice shall be served after the discovery period begins under applicable law for the case but not later than 30 days after such discovery period begins. (e) If, after the expiration of 90 days from the date the notice described in subsection (d) of this Code section is received, the plaintiff does not agree to a dismissal without prejudice of such defendant claiming to be an excluded party, and: (1) The court later determines that there is no genuine issue of material fact as to whether such defendant is an excluded party, grants summary judgment to such defendant as to this issue, and such order becomes final after any appeal; or (2) If an arbitrator enters judgment for such defendant as to this issue and determines that there was not a good faith basis in law and fact for the plaintiff's claim that such defendant was not an excluded party and such order becomes final after any appeal, then such finding by an arbitrator or final judgment by a court shall be deemed a finding that the plaintiff's claim against such defendant was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, such excluded party shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses of litigation as the court or arbitrator determines were related to the defense of only such excluded party and not to the defense of other defendants in such action, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, or against such party's attorney, or against both in such manner as is just. (f) In the event that the plaintiff prevails on any claim against a defendant claiming to be an excluded party and if the court or an arbitrator determines that there was not a good faith basis in law and fact for the defendant's claim that such defendant was an excluded party, and such order becomes final after appeal, then such judgment by a court or arbitrator shall be deemed a finding that the contention by such defendant that it was an excluded party was substantially frivolous, substantially groundless, or substantially vexatious. Upon such

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a final judgment or finding, the plaintiff shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against the defendant claiming to be an excluded party, and the plaintiff shall not be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against other defendants, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, or against such party's attorney, or against both in such manner as is just. (g) Notwithstanding Code Section 51-7-85, subsections (e) and (f) of this Code section shall be in addition to and shall not limit a party's right to pursue a recovery pursuant to Code Section 9-15-14 or Article 5 of Chapter 7 of Title 51. (h) The time period set forth in subsection (e) of this Code section may be extended by agreement of the parties or by order of the court; provided, however, that if during such time period any party files a motion to stay the case or a motion to compel arbitration, such time period shall be extended for 30 days following the date the court rules on such motion; and provided, further, that if any party files a motion to compel discovery, such period shall be extended until 30 days following the date that the party complies with the court's order to produce discovery, whichever is later. (i) A defendant which is a licensee shall not identify an excluded party as a potentially at-fault nonparty for purposes of apportionment under Code Section 51-12-33, unless such nonparty has entered into a settlement agreement with the plaintiff or claimant.

31-7-3.4. (a) As used in this Code section, the term 'nursing home claim' means a claim alleging direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title.
(b)(1) As a condition precedent to obtaining or maintaining a permit under this article to operate a nursing home or intermediate care home, a licensee shall carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim. (2) If a licensee fails to carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim, the department shall provide notice to such licensee of its noncompliance and allow such licensee 60 days in which to comply. A licensee's failure to maintain such coverage or establish such trust shall result in the department:
(A) Revoking such licensee's permit issued pursuant to this article to operate the nursing home or intermediate care home; (B) Denying any application to renew such permit; and

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(C) Denying any application for a change of ownership of the nursing home or intermediate care home."

SECTION 2. This Act shall become effective on July 1, 2016, and shall apply to any claim filed on or after July 1, 2016.

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

Approved April 27, 2016.

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REVENUE AND TAXATION INCOME TAXES; JOBS TAX CREDITS.

No. 480 (House Bill No. 936).

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 from income taxes, so as to clarify certain terms in respect to the wages necessary to qualify for a jobs tax credit; to provide for an income tax credit for employers who hire certain qualified parolees for full-time jobs; to provide for rules and regulations related to such income tax credit; to provide for certain conditions and limitations; to require annual reporting of certain statistics related to such credit; to provide for definitions; to provide for an effective date and 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 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from income taxes, is amended by revising paragraph (1) of subsection (e) of Code Section 48-7-40, relating to designating counties as less developed areas, as follows:
"(e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years

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beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer.

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The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those business enterprises that increase employment by two or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The wage of each new job created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time employee job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier."

SECTION 2. Said article is further amended by revising subsections (a) and (e) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, as follows:
"(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, biomedical manufacturing, and research and development industries. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by this Code section at an individual establishment of the business

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based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section. (3) 'New full-time employee job' means a newly created position of employment that was not previously located in this state, requires a minimum of 35 hours a week, and pays at or above the average wage earned in the county with the lowest average wage earned in this state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor." "(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit; provided, however, that within areas of pervasive poverty as designated under paragraphs (2) and (4) of subsection (c) of this Code section businesses shall only have to increase employment by two or more jobs in order to be eligible for the credit, provided that, if a business only increases employment by two jobs, the persons hired for such jobs shall not be married to one another. The wage of each new job created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time employee job; provided,

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however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below five or two, as applicable. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two."

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"48-7-40.31. (a) As used in this Code section, the term:
(1) 'Employer' means an enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization, and its affiliates, which is registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is engaged in or carrying on any business activities within this state. (2) 'Full-time job' means employment which:
(A) Is located in this state; (B) Involves a regular work week of 30 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average hourly wage of the county with the lowest average hourly wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (3) 'Qualified parolee' means an individual who has been granted parole in accordance with Code Section 42-9-45 within 12 months preceding his or her date of hire for a full-time job. (b)(1) For the period beginning on or after January 1, 2017, and before January 1, 2020, an employer that employs a qualified parolee in a full-time job for at least 40 weeks during a 12 month period shall be eligible for an income tax credit in the amount of 2,500.00 for each qualified parolee so employed against the tax imposed under this article during such 12 month period; provided, however, that a qualified parolee first employed in a full-time job by such employer before January 1, 2017, shall not qualify. (2) An employer shall only be eligible to receive credits provided by this subsection in an amount up to $50,000.00 per taxable year. (3) An employer shall only be eligible to receive the credit provided by this subsection once per individual. (c) In no event shall the credit provided by subsection (b) of this Code section for a taxable year exceed the employer's income tax liability. Any unused portion of the credit provided by subsection (b) of this Code section shall be permitted to be carried forward and applied

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to the employer's tax liability for the subsequent three years. The credit provided by subsection (b) of this Code section shall not be applied against the employer's prior years' tax liabilities. (d) On or before September 1 of 2018, 2019, and 2020, the commissioner shall issue a report to the chairpersons of the Senate Finance Committee and the House Committee on Ways and Means concerning the tax credit created by this Code section, which shall include the following statistics for the preceding taxable year:
(1) The total number of employers that claimed a credit provided by this Code section; and (2) The number and total value of all credits earned and all credits applied during such tax year pursuant to this Code section. (e) The commissioner shall promulgate rules and regulations and forms necessary to implement and administer the provisions of this Code section."

SECTION 4. (a) This Act shall become effective on July 1, 2016. (b) Section 3 of this Act shall be applicable to taxable years beginning on or after January 1, 2017.

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

Approved April 27, 2016.

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CRIMES AND OFFENSES LOCAL GOVERNMENT GOVERNMENT PURCHASING CARDS AND CREDIT CARDS; ISSUANCE; CONDITIONS FOR USE.

No. 484 (House Bill No. 949).

AN ACT

To amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, and Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to revise and provide for definitions; to revise provisions of law relating to government purchasing cards and government credit cards; to provide for the issuance of government purchasing cards and government credit

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cards; to provide for the conditions for such issuance; 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 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, is amended by revising paragraph (5.2) of Code Section 16-9-30, relating to definitions, as follows:
"(5.2) 'Government' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school system, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, school system, or other political subdivision of this state; (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Every locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collector, or tax commissioner."

SECTION 2. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by revising Code Section 36-80-24, relating to limitation on elected official's use of government issued purchasing or credit cards and policy development, as follows:
"36-80-24. (a) As used in this Code section, the term 'constitutional officer' means the locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collector, or tax commissioner. (b) An elected official of a county, municipal corporation, local school system, or consolidated government or a constitutional officer shall be prohibited from the use of a government purchasing card or a government credit card unless:
(1) Such purchases are solely for items or services that directly relate to such official's or constitutional officer's public duties; and (2) Such purchases are in accordance with guidelines adopted by the county, municipal corporation, local school system, consolidated government, or constitutional officer. (c) Documents related to such purchases incurred by such elected officials or constitutional officers shall be available for public inspection. (d) No such county, municipal corporation, local school system, or consolidated government shall issue government purchasing cards or government credit cards to elected

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officials on or after January 1, 2016, until the governing authority of such county, municipal corporation, local school system, or consolidated government, by public vote, has authorized such issuance and has promulgated specific policies regarding the use of such government purchasing cards or government credit cards. No constitutional officer shall issue government purchasing cards or government credit cards to himself, herself, or his or her employees on or after July 1, 2016, until he or she has promulgated specific policies regarding the use of such government purchasing cards or government credit cards that apply to himself or herself and his or her employees and such policies have been filed with the governing authority of the county. If an elected official of such county, municipal corporation, local school system, or consolidated government or constitutional officer promulgates specific policies regarding the use of such government purchasing cards or government credit cards, such, policies shall include the following:
(1) Designation of officials who shall be authorized to be issued such government purchasing cards or government credit cards; (2) A requirement that, before being issued a government purchasing card or government credit card, authorized users shall sign and accept an agreement with the county, municipal corporation, local school system, consolidated government, or constitutional officer issuing the government purchasing card or government credit card that such users will use such cards only in accordance with the policies of the issuing governmental entity or constitutional officer; (3) Transaction limits for the use of such cards; (4) A description of purchases that shall be authorized for use of such cards; (5) A description of purchases that shall not be authorized for use of such cards; (6) Designation of a government purchasing card or government credit card administrator; (7) A process for auditing and reviewing purchases made with such cards; and (8) Procedures for addressing a violation of such purchasing card or credit card policies and imposing penalties for violations, including, but not limited to, revocation of purchasing card or credit card privileges. Nothing in such procedures or any administrative action taken pursuant thereto shall preclude any other civil or criminal remedy under any other provision of law."

SECTION 3. This Act shall become effective on July 1, 2016.

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

Approved April 27, 2016.

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PROFESSIONS AND BUSINESSES GEORGIA PROFESSIONAL REGULATION REFORM ACT.
No. 485 (House Bill No. 952).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating professions and businesses, so as to enact the "Georgia Professional Regulation Reform Act"; to provide for executive oversight of licensing boards; to establish state policy for the regulation of certain professions and businesses; to provide for legislative intent; 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. The General Assembly finds, determines, and declares that:
(1) In N.C. State Bd. of Dental Exam'rs v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court of the United States established a new standard for determining whether state professional licensing boards and board members are entitled to immunity for federal antitrust violations. Pursuant to N.C. State Bd. of Dental Exam'rs, state professional licensing boards and board members are entitled to antitrust immunity only if:
(A) Their anticompetitive conduct is consistent with "clearly articulated" state policy; and (B) The state provides "active supervision" of their conduct. (2) It is the policy of the State of Georgia to increase economic opportunities for all of its citizens by promoting competition and thereby encouraging innovation and job growth. It is therefore also the policy of the State of Georgia to displace competition only when necessary to protect consumers from present, significant, and substantiated harms that threaten public health and safety. (3) By establishing the policies and procedures of this chapter, the General Assembly intends to ensure that the state's professional licensing boards and board members are entitled to antitrust immunity and that state laws relating to professions and businesses are interpreted and enforced in a manner consistent with clearly articulated state policy.
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:

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"CHAPTER 1C

43-1C-1. This chapter shall be known and may be cited as the 'Georgia Professional Regulation Reform Act.'

43-1C-2. As used in this chapter, the term:
(1) 'Governor' means the Governor of the State of Georgia or his or her designee. (2) 'Professional licensing board' means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade, including all boards, bureaus, commissions, or other agencies established pursuant to this title or Chapter 4 of Title 26; provided, however, that such term shall not include the State Bar of Georgia. (3) 'Rule' means a regulation, standard, or statement of general applicability, whether formal or informal, that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any professional licensing board. Such term shall include the amendment or repeal of a prior rule but shall not include statements of policy or interpretation made as part of a decision in a contested case.

43-1C-3. (a) The Governor shall have the authority and duty to actively supervise the professional licensing boards of this state to ensure that their actions are consistent with clearly articulated state policy and shall therefore have the authority and duty to:
(1) Review and, in writing, approve or veto any rule before it is filed in the office of the Secretary of State if such rule is required to be filed in the office of the Secretary of State by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' or before such rule becomes effective, if filing is not required; (2) Review and, in writing, approve or veto any rule that is:
(A) Challenged via an appeal to the Governor after the denial of a petition filed pursuant to Code Section 50-13-9; or (B) Submitted by a professional licensing board for review by the Governor; (3) Review and, in writing, approve, remand, modify, or reverse any action by a professional licensing board that is: (A) Challenged via an appeal to the Governor; or (B) Submitted by a professional licensing board for review by the Governor; and (4) Promulgate any regulations or executive orders necessary to effectuate the provisions of this chapter, including regulations or orders relating to the process, procedures, and timelines that will govern any appeal or submission filed in accordance with this Code section.

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(b) Any review undertaken by the Governor pursuant to subsection (a) of this Code section shall be fully completed within 90 days. (c) Nothing in this Code section shall be interpreted to subject the Governor to any of the administrative procedures of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

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

Approved April 27, 2016.

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GUARDIAN AND WARD UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT.

No. 486 (House Bill No. 954).

AN ACT

To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to enact the "Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act"; to provide for a short title; to provide for definitions; to provide for international application; to provide for communications and cooperation between courts; to provide for taking testimony in another state; to provide for jurisdiction and special jurisdiction; to provide for jurisdiction declined by reason of conduct; to provide for notice of proceedings and proceedings in more than one state; to provide for transfer of guardianship or conservatorship to another state; to provide for acceptance of guardianship or conservatorship transferred from another state; to provide for registration and recognition from other states; to provide for uniformity of application and construction; to provide for relation to electronic signature; to provide for applicability; to repeal certain provisions relating to procedure and transfers of guardianship and conservatorship; 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 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by adding a new chapter to read as follows:

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"CHAPTER 11 ARTICLE 1

29-11-1. This chapter shall be known and may be cited as the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act.'

29-11-2. As used in this chapter, the term:
(1) 'Conservatorship order' means an order appointing a conservator or other order related to management of an adult's property. (2) 'Conservatorship proceeding' means a judicial proceeding in which a conservatorship order is sought or has been issued. (3) 'Emergency' means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. (4) 'Guardianship order' means an order appointing a guardian. (5) 'Guardianship proceeding' means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. (6) 'Home state' means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order or the appointment of a guardian or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. (7) 'Incapacitated person' means an adult for whom a guardian has been appointed, including a ward, as defined in paragraph (27) of Code Section 29-1-1. (8) 'Party' means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship proceeding or conservatorship proceeding. (9) 'Person,' except in the term 'incapacitated person' or 'protected person,' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity. (10) 'Protected person' means an adult for whom a conservatorship order has been issued, including a ward, as defined in paragraph (27) of Code Section 29-1-1. (11) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

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(12) 'Respondent' means an adult for whom a conservatorship order or the appointment of a guardian is sought, including a proposed ward as defined in paragraph (16) of Code Section 29-1-1. (13) 'Significant-connection state' means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (14) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

29-11-3. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5 of this chapter.

29-11-4. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this Code section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.

29-11-5. (a) In a guardianship proceeding or conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) Order that an evaluation or assessment be made of the respondent; (4) Order any appropriate investigation of a person involved in a proceeding; (5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection; (6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated person or protected person; or

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(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as amended. (b) If a court of another state in which a guardianship proceeding or conservatorship proceeding is pending requests a court of this state to do any action included in subsection (a) of this Code section, such court of this state shall have jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

29-11-6. (a) In a guardianship proceeding or conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (b) In a guardianship proceeding or conservatorship proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

ARTICLE 2

29-11-10. In determining under Code Section 29-11-12 and subsection (e) of Code Section 29-11-20 whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the guardianship proceeding or conservatorship proceeding; (2) The length of time the respondent at any time was physically present in the state and the duration of any absence; (3) The location of the respondent's property; (4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services; and (5) The extent to which the respondent considers or, in the absence of an impairment of mental faculties, would consider himself or herself to have a significant connection with the state.

29-11-11. This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a conservatorship order for an adult.

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29-11-12. A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if:
(1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and:
(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state; (ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) The court in this state concludes that it is an appropriate forum under the factors set forth in Code Section 29-11-15; (3) This state does not have jurisdiction under either paragraph (1) or (2) of this Code section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or (4) The requirements for special jurisdiction under Code Section 29-11-13 are met.

29-11-13. (a) A court of this state lacking jurisdiction under paragraphs (1) through (3) of Code Section 29-11-12 has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) Issue a conservatorship order with respect to real or tangible personal property located in this state; or (3) Appoint a guardian or conservator for an incapacitated person or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Code Section 29-11-20. (b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

29-11-14. Except as otherwise provided in Code Section 29-11-13, a court that has appointed a guardian or issued a conservatorship order consistent with this chapter shall have exclusive

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and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

29-11-15. (a) A court of this state having jurisdiction under Code Section 29-11-12 to appoint a guardian or conservator may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction under subsection (a) of this Code section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a conservatorship order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent; (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) The length of time the respondent was physically present in or was a legal resident of this or another state; (4) The distance of the respondent from the court in each state; (5) The financial circumstances of the respondent's estate; (6) The nature and location of the evidence; (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) The familiarity of the court of each state with the facts and issues in the proceeding; and (9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.

29-11-16. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a conservatorship order is filed in a court of another state having jurisdiction; or

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(3) Continue to exercise jurisdiction after considering: (A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Code Section 29-11-15; and (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Code Section 29-11-12.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.

29-11-17. (a) If a petition for the appointment of a guardian or issuance of a conservatorship order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons that would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state. (b) If compliance with the notice requirements under subsection (a) of this Code section would require personal service on any person outside this state, a court of competent jurisdiction in this state may order that such person be served by registered or certified mail or statutory overnight delivery, in the manner provided in subsection (e) of Code Section 29-9-4, or by a special process server, if the petitioner so requests in the petition or on the court's own motion. (c) If compliance with the notice requirements under subsection (a) of this Code section would require service on any person outside this state that is not sui juris, such person shall be served in a manner provided in subsection (d) of Code Section 29-9-4.

29-11-18. Except for a petition for the appointment of a guardian in an emergency or issuance of a conservatorship order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Code Section 29-11-13, if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules shall apply:

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(1) If the court in this state has jurisdiction under Code Section 29-11-12, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Code Section 29-11-12 before the appointment or issuance of the order; and (2) If the court in this state does not have jurisdiction under Code Section 29-11-12, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

ARTICLE 3

29-11-20. (a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this Code section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. (c) On the court's own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section. (d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and (3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient. (e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (1) The protected person is physically present in or is reasonably expected to move permanently to the other state or the protected person has a significant connection to the other state considering the factors in Code Section 29-11-10;

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(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (3) Adequate arrangements will be made for management of the protected person's property. (f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Code Section 29-11-21; and (2) The documents required to terminate a guardianship or conservatorship in this state.

29-11-21. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Code Section 29-11-20, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer. (b) Notice of a petition under subsection (a) of this Code section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a conservatorship order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state. (c) On the court's own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section. (d) The court shall issue an order provisionally granting a petition filed under subsection (a) of this Code section unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated person or protected person; or (2) The guardian or conservator is ineligible for appointment in this state. (e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Code Section 29-11-20 transferring the proceeding to this state. (f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. (g) In granting a petition under this Code section, the court shall recognize a guardianship order or conservatorship order from the other state, including the determination of the

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incapacitated person's or protected person's incapacity and the appointment of the guardian or conservator. (h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Article 2 of Chapter 4 and Article 2 of Chapter 5 of this title if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

ARTICLE 4

29-11-30. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. The provisions of this Code section shall apply only if the other state has adopted the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act' in substantially the same form.

29-11-31. If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. The provisions of this Code section shall apply only if the other state has adopted the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act' in substantially the same form.

29-11-32. (a) Upon registration of a guardianship order or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. (b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.

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ARTICLE 5

29-11-40. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

29-11-41. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

29-11-42. (a) This chapter shall apply to guardianship proceedings and conservatorship proceedings begun on or after July 1, 2016. (b) Articles 1, 3, and 4 of this chapter and Code Sections 29-11-40 and 29-11-41 shall apply to proceedings begun before July 1, 2016, regardless of whether a guardianship order or conservatorship order has been issued."

SECTION 2. Said title is further amended by repealing Parts 2 and 3 of Article 9 of Chapter 4, relating, respectively, to procedure and transfer of guardianship, and designating said parts as reserved.

SECTION 3. Said title is further amended by repealing Parts 2 and 3 of Article 13 of Chapter 5, relating to transfer of conservatorship, and designating said parts as reserved.

SECTION 4. Said title is further amended by revising subsection (a) of Code Section 29-4-95, relating to the definition of "foreign guardian" and the sale of ward's property, as follows:
"(a) For purposes of this part, a 'foreign guardian' is a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of an incapacitated adult referred to as the 'ward' and whose guardianship has not been transferred to and accepted in this state pursuant to the provisions of Article 3 of Chapter 11 of this title."

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SECTION 5. Said title is further amended by revising subsection (a) of Code Section 29-5-135, relating to the definition of "foreign conservator" and the sale or disposal of property, as follows:
"(a) For purposes of this part, the term 'foreign conservator' means a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of an incapacitated adult, referred to as the ward, and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Article 3 of Chapter 11 of this title."

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

Approved April 27, 2016.

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REVENUE AND TAXATION STATE GOVERNMENT CONFIDENTIALITY OF TAX INFORMATION INTEREST RATE ON DELINQUENT PAYMENTS; PENALTIES FOR NONPAYMENT OF AD VALOREM TAXES; DISTRIBUTION OF PENALTIES; NOTICE OF CERTAIN TAX REFUND REQUESTS; TRANSFER OF CERTAIN MATTERS TO GEORGIA TAX TRIBUNAL.

No. 488 (House Bill No. 960).

AN ACT

To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and collection of revenue, so as to provide for confidentiality of certain tax information; to provide for an interest rate on delinquent payments that adjusts to reflect changes in the prime rate; to adjust the penalties for nonpayment of ad valorem taxes to offset the reduction in interest rate; to provide for the distribution of penalties between taxing jurisdictions; to provide for additional procedures, conditions, and limitations; to provide for notice to political subdivisions upon the filing of certain tax refund requests; to provide for confidentiality of taxpayer information; to amend Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, so as to provide for automatic transfer to the Georgia Tax Tribunal in certain cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and collection of revenue, is amended by revising subsection (b) and adding a new subsection to Code Section 48-2-15, relating to confidential information, to read as follows:
"(b) This Code section shall not: (1) Be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer; (2) Be deemed to prevent the print or electronic publication of statistics so arranged as not to reveal information respecting an individual taxpayer; (3) Apply in any way whatsoever to any official finding of the commissioner with respect to any assessment or any information properly entered upon an assessment roll or other public record; (4) Affect any information which in the regular course of business is by law made the subject matter of a public document in any federal or state office or in any local office in this state; (5) Apply to information, records, and reports required and obtained under Article 1 of Chapter 9 of this title, which requires distributors of motor fuels to make reports of the amounts of motor fuels sold and used in each county by the distributor, or under Article 2 of Chapter 9 of this title, relating to road tax on motor carriers; or (6) Be construed to prevent the disclosure of information, so arranged as not to reveal information respecting an individual taxpayer, requested by the House Committee on Ways and Means or the Senate Finance Committee regarding the department's administration of any tax."
"(f) This Code section shall not be construed to prohibit disclosure as required in subsection (h) of Code Section 48-2-35."

SECTION 2. Said chapter is further amended by revising subsections (a) and (f) and adding new subsections in Code Section 48-2-35, relating to refunds of taxes and fees determined to have been erroneously or illegally assessed and collected, to read as follows:
"(a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees from the date of payment of the tax or fee to the commissioner at an annual rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly. Such annual interest rate shall be determined for each calendar year based

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on the first weekly posting of statistical release H. 15 on or after January 1 of each calendar year. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund." "(f) For purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer,' as defined under Code Section 48-2-35.1, shall apply. Such claim for refund shall contain the total refund claimed and the allocation of the local sales and use tax by the political subdivision. (g) Any taxpayer required to pay taxes electronically in accordance with paragraph (2.1) of subsection (f) of Code Section 48-2-32 shall also file any claims for refund electronically. The department shall make claim for refund forms consistent with this subsection electronically available.
(h)(1) As used in this subsection, the term: (A) 'Political subdivision designee' means the chief officer or officers designated by the political subdivision to receive information about a refund claim of local significance pursuant to this subsection. Each political subdivision shall certify to the commissioner that any such designee is so authorized on a form and in a manner prescribed by the department. (B) 'Refund claim of local significance' means a taxpayer's claim for refund of sales and use taxes erroneously or illegally assessed and collected or the department's discovery of any overpayment of such taxes, if such claim for refund or overpayment is for an amount equal to or greater than 10 percent of the total yearly average of aggregate sales and use tax distributions to any single political subdivision based on the average of the three most recent calendar years.
(2) Within 30 business days following the department's receipt of a refund claim of local significance, the department shall notify each affected political subdivision's political subdivision designee that a refund claim of local significance to the political subdivision has been received and shall furnish the taxpayer with a copy of such notification. Such notification shall include the date the refund claim of local significance was filed, the amount in the claim for refund for which the political subdivision itself would be responsible if the request is granted, and a copy of the confidentiality provisions in Code Section 48-2-15 and this Code section. After the department has completed an audit of the claim for refund and determined a final refund amount, the department shall supplement the above notice by transmitting to the political subdivision designee the final refund amount for which the political subdivision is responsible. (3) Any information supplied to a political subdivision designee pursuant to this subsection shall retain, in the hands of the local official, its privileged and confidential nature to the same extent and under the same conditions as such information is privileged and confidential in the hands of the commissioner, pursuant to Code Section 48-2-15. It shall be the responsibility of the political subdivision designee, and not the department,

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to protect privileged and confidential information received under this subsection. Any person who divulges any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as provided for divulgence of tax information by employees of the department. Though privileged and confidential information shall not be disclosed, the political subdivision designee may make reasonable budgetary recommendations to elected officials, city managers, and tax officials in political subdivisions based on the confidential information furnished. The department shall not be subject to any criminal or civil liability for the unauthorized divulgence of privileged and confidential information by a political subdivision designee. Notwithstanding the foregoing, in the event all or any portion of the refund claim of local significance is for a tax levied under Part 1 of Article 3 of Chapter 8 of this title, the affected county shall not be in violation of this confidential provision if it notifies all municipal political subdivision designees in the county that such notification has been received from the department. (4) The commissioner, by rule or regulation, shall establish guidelines for identifying and producing documents to the Department of Audits and Accounts for review relating to the handling of refund claims of local significance. In the event of such review, the Department of Audits and Accounts shall assess whether the department followed proper procedures and used appropriate methodology to reach its final determination on a refund claim of local significance. (5) Any refund claims of local significance pending with the department for two years after the claim for refund was filed shall be automatically transferred to the Georgia Tax Tribunal as a declaratory judgment of the commissioner requesting a show cause proceeding pursuant to Code Section 50-13A-19.1."

SECTION 3. Said chapter is further amended by revising Code Section 48-2-40, relating to the rate of interest on past due taxes, as follows:
"48-2-40. Except as otherwise expressly provided by law, taxes owed the state or any local taxing jurisdiction shall bear interest at an annual rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each calendar year. Interest shall begin to accrue from the date the tax is due until the date the tax is paid. For the purposes of this Code section, any period of less than one month shall be considered to be one month. This Code section shall also apply to alcoholic beverage taxes."

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SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 48-2-44, relating to penalties and interest on failure to file return or timely pay taxes held in trust for the state, as follows:
"(b)(1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 120 days of the date when due, any ad valorem tax owed the state or any local government, such person shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 5 percent of the amount of tax due and not paid at the time such penalty is assessed, together with interest as specified by law. After 120 days from the imposition of the initial penalty, an additional penalty of 5 percent of any tax amount remaining due shall be imposed, together with interest as specified by law. If any tax amount remains due after 120 days from the imposition of such additional penalty, a penalty of 5 percent shall be imposed, together with interest as specified by law. Should any tax amount remain due 120 days after such date, a penalty of 5 percent shall be imposed, together with interest as specified by law. The aggregate amount of penalties imposed pursuant to this subsection shall not exceed an amount equal to 20 percent of the principal amount of the tax originally due. These penalties shall not, however, apply in the case of:
(A) Ad valorem taxes of $500.00 or less on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title; or (B) With respect to tax year 1986 and future tax years, ad valorem taxes of any amount on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title, if the homestead property was during the tax year acquired by a new owner who did not receive a tax bill for the tax year and who immediately before acquiring the homestead property resided outside the State of Georgia and if the taxes are paid within one year following the due date. (2) Any city or county authorized as of April 22, 1981, by statute or constitutional amendment to receive a penalty of greater than 10 percent for failure to pay an ad valorem tax is authorized to continue to receive that amount. (3) With respect to all penalties and interest received by the tax commissioner on or after July 1, 1998, unless otherwise specifically provided for by general law, the tax commissioner shall distribute penalties collected and interest collected or earned as follows: (A) Penalties collected for failure to pay ad valorem taxes attributable to the Board of Education or independent school district shall be paid into the county treasury in the same manner and at the same time the tax is collected and distributed to the county, and they shall remain the property of the county; (B) Interest earned by the tax commissioner on taxes collected but not yet disbursed shall be distributed pro rata based on each taxing jurisdiction's share of the total amount upon which the interest was computed; and

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(C) Except as otherwise provided in subparagraph (A) of this paragraph, penalties collected for failure to return property for ad valorem taxation or failure to pay ad valorem taxes, and interest collected on delinquent ad valorem taxes, shall be distributed pro rata based on each taxing jurisdiction's share of the total tax on which the penalty or interest was computed."

SECTION 5. Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, is amended by adding a new Code section to read as follows:
"50-13A-19.1. (a) The tribunal shall docket the declaratory judgments of the revenue commissioner pursuant to subsection (h) of Code Section 48-2-35 as actions in the tribunal without the filing of a petition for relief.
(b)(1) The tribunal shall determine by interlocutory order the party at fault for the delay in finally determining a claim for refund. (2) If the tribunal determines that the Department of Revenue is primarily at fault, the order shall require that the Department of Revenue pay all interest due to the taxpayer on the claim for refund, including the interest due on the local sales and use tax deemed to have been illegally or erroneously collected. The tribunal shall thereafter remand the matter back to the Department of Revenue for determination on the underlying claim for refund. (3) If the tribunal determines that the taxpayer who made the claim for refund is primarily at fault, the order shall prohibit the accrual of any interest due to the taxpayer on the finally determined claim for refund. The tribunal shall thereafter remand the matter back to the Department of Revenue for determination on the underlying claim for refund. (4) If the tribunal determines that the delay is justified, the order shall remand the matter back to the Department of Revenue for determination and for further hearings at the tribunal's discretion. (c) The tribunal, at its discretion, may award reasonable attorneys' fees to either party in such proceedings. (d) Orders of the tribunal issued pursuant to this Code section shall be excluded from the provisions of subsection (d) of Code Section 50-13A-15. (e) Except as otherwise provided in this Code section, such actions shall follow the procedures and tribunal rules applicable to other proceedings within the tribunal."
SECTION 6. (a) This Act shall become effective on July 1, 2016. (b) The new penalty and interest rates provided in Sections 2, 3, and 4 of this Act shall apply to penalties and interest accrued on or after the effective date of this Act.

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(c) The new notification requirement and the automatic transfer to the Georgia Tax Tribunal requirement contained in Section 2 of this Act regarding a refund claim of local significance shall apply to claims for refund received by the department on or after the effective date of this Act.

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

Approved April 27, 2016.

__________

INSURANCE THE HONORABLE JIMMY CARTER CANCER TREATMENT ACCESS ACT.

No. 489 (House Bill No. 965).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, so as to provide that no health benefit plan shall require an insured to fail to successfully respond to a drug or drugs for stage four advanced, metastatic cancer prior to the approval of a drug prescribed by his or her physician; to provide for definitions; to provide for a short title; to provide for legislative findings and intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as "The Honorable Jimmy Carter Cancer Treatment Access Act."

SECTION 2. WHEREAS, the Honorable Jimmy Carter of Plains, Georgia, announced in August that he had an aggressive form of melanoma skin cancer; and

WHEREAS, in that announcement, President Carter detailed that tumors had spread from his skin into his liver and brain. President Carter received surgery, radiation, and multiple doses of another drug; and

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WHEREAS, on December 6, President Carter revealed that his physicians said that all signs of cancer were gone; and

WHEREAS, it is the intent of the General Assembly that every Georgian with health insurance that covers cancer should have the same access to cancer drugs as President Carter.

SECTION 3. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, is amended by adding a new Code section to read as follows:
"33-24-59.20. (a) As used in this Code section, the term:
(1) 'Health benefit plan' means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or agreement with a health maintenance organization, subscriber contract or agreement, preferred provider organization, accident and sickness insurance benefit plan, or other insurance contract under any other name. The term shall include any health insurance plan established under Article 1 of Chapter 18 of Title 45 and under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977.' (2) 'Stage four advanced, metastatic cancer' means cancer that has spread from the primary or original site of the cancer to nearby tissues, lymph nodes, or other areas or parts of the body. (b) No health benefit plan issued, delivered, or renewed in this state that, as a provision of hospital, medical, or surgical services, directly or indirectly covers the treatment of stage four advanced, metastatic cancer shall limit or exclude coverage for a drug approved by the United States Food and Drug Administration by mandating that the insured shall first be required to fail to successfully respond to a different drug or drugs or prove a history of failure of such drug or drugs; provided, however, that the use of such drug or drugs is consistent with best practices for the treatment of stage four advanced, metastatic cancer and is supported by peer reviewed medical literature."

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

Approved April 27, 2016.

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CRIMES AND OFFENSES AGGRAVATED ASSAULT AND AGGRAVATED BATTERY ON HOSPITAL EMERGENCY DEPARTMENT PERSONNEL AND EMERGENCY SERVICES PERSONNEL; INCREASE PUNISHMENT.

No. 492 (House Bill No. 979).

AN ACT

To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery and related offenses against persons, so as to increase the punishment for aggravated assault and aggravated battery committed upon hospital emergency department personnel and emergency medical services personnel; 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 and related offenses against persons, is amended in Code Section 16-5-21, relating to aggravated assault, by revising subsection (c) and by adding a new subsection to read as follows:
"(c) Except as provided in subsections (d) through (n) 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." "(n) A person who knowingly commits the offense of aggravated assault upon an emergency health worker while the worker 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 'emergency health worker' means hospital emergency department personnel and emergency medical services personnel."

SECTION 2. Said article is further amended in Code Section 16-5-24, relating to aggravated battery, by revising subsection (b) and by adding a new subsection to read as follows:
"(b) Except as provided in subsections (c) through (i) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years." "(i) A person who knowingly commits the offense of aggravated battery upon an emergency health worker while the worker is engaged in, or on account of the performance

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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 'emergency health worker' means hospital emergency department personnel and emergency medical services personnel."

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

Approved April 28, 2016.

__________

REVENUE AND TAXATION CLARIFY EXCEPTION TO BREACH OF CONTRACTS FOR BONA FIDE CONSERVATION USE PROPERTY.

No. 493 (House Bill No. 987).

AN ACT

To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to provide a clarification of an existing exception to a breach of covenant for bona fide conservation use property; to provide for a new exception to a breach of covenant for bona fide conservation use property; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, is amended by revising subsection (o) and by revising subsection (p) by deleting "or" at the end of paragraph (8), by deleting the period and inserting "; or" at the end of paragraph (9), and by adding a new paragraph to read as follows:
"(o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if:
(1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied within 24 months from the date of the start

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by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period." "(10) Allowing all or part of the property subject to the covenant to be used to host a not for profit rodeo event to which spectator admission and participant entry fees are charged in an amount that in aggregate does not exceed the cost of hosting such event."

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

Approved April 28, 2016.

__________

REVENUE AND TAXATION WAIVER OF CERTAIN TAX PENALTIES AND INTEREST RESULTING FROM MILITARY SERVICE IN A COMBAT ZONE UNDER CERTAIN CIRCUMSTANCES.

No. 494 (House Bill No. 991).

AN ACT

To amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to provide that a tax collector or tax commissioner shall waive the collection of penalties and interest incurred upon default that occurred due to a taxpayer's military service in a combat zone if the taxpayer pays the underlying tax liability within 60 days of the end of such military service; to provide a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Returning Heroes Act."

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SECTION 2. Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by adding a new Code section to read as follows:
"48-5-243. The tax collector or tax commissioner shall waive the collection of any amount due the taxing authorities for which taxes are collected, when such amount represents a penalty or an amount of interest assessed for failure to comply with the laws governing the assessment and collection of ad valorem taxes, if:
(1) The tax collector or tax commissioner determines that the default giving rise to such penalty or interest was due to a taxpayer's military service in the armed forces of the United States in an area designated by the President of the United States by executive order as a combat zone and not due to gross or willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law; and (2) The taxpayer makes full payment of taxes due, not including penalties and interest, within 60 days of such taxpayer's return from such military service."

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

Approved April 28, 2016.

__________

REVENUE AND TAXATION INCOME TAXES; EXTEND SUNSET DATE FOR EXEMPTION FOR DONATION OF REAL PROPERTY FOR CONSERVATION USE.

No. 502 (House Bill No. 1014).

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 from state income taxes, so as to extend the sunset date of the existing exemption for donation of real property for conservation use; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from state income taxes, is amended by revising subsection (d) of Code Section 48-7-29.12, relating to the income tax credit for qualified donation of real property, as follows:
"(d)(1) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. In no event shall the total amount of the tax credit allowed to a taxpayer under subsection (b) of this Code section exceed $250,000.00 with respect to tax liability determined under Code Section 48-7-20 or $500,000.00 with respect to tax liability determined under Code Section 48-7-21. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding ten years' tax liability. However, the amount in excess of such annual dollar limits shall not be eligible for carryover to the taxpayer's succeeding years' tax liability nor shall such excess amount be claimed by or reallocated to any other taxpayer. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (2) Only one qualified donation may be made with respect to any real property that was, in the five years prior to donation, within the same tax parcel of record, except that a subsequent donation may be made by a person who is not a related person with respect to any prior eligible donors of any portion of such tax parcel.
(3)(A) Beginning on January 1, 2016, the aggregate amount of tax credits allowed under this Code section shall not exceed $30 million per calendar year. The Department of Natural Resources shall accept no new applications for the tax credits allowed under this Code section after December 31, 2021. (B) Prior to any renewal of the exemption for donations of real property beyond the date authorized by subparagraph (A) of this paragraph, the Department of Natural Resources shall provide a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee on the activity of the program occurring during the preceding years. The report shall include, but not be limited to:
(i) The number of applications and the total number of acres donated; (ii) The value of the qualified donations accepted into the program and which two of the five conservation purposes contained in paragraph (2) of subsection (a) of this Code section were the basis for the qualification of the property; (iii) The aggregate amount of income tax credits granted pursuant to this Code section; and (iv) A listing of the direct and indirect benefits to the state due to the donation of land for conservation purposes."

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

Approved April 28, 2016.

__________

CRIMES AND OFFENSES FAMILY VIOLENCE BATTERY; DEFINITION; PENALTY.

No. 518 (Senate Bill No. 193).

AN ACT

To amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to change penalty provisions relating to family violence battery; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, is amended by revising subsection (f) as follows:
"(f)(1) As used in this subsection, the term 'household member' means 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. (2) If the offense of battery is committed between household members, it shall constitute the offense of family violence battery and shall be punished as follows:
(A) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; provided, however, that if the defendant has previously been convicted of a forcible felony committed between household members under the laws of this state, of the United States, including the laws of its territories, possessions, or dominions, or any of the several states, or of any foreign nation recognized by the United States, which if committed in this state would have constituted a forcible felony committed between household members, he or she shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years; and (B) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

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(3) In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child."

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

Approved May 3, 2016.

__________

HANDICAPPED PERSONS REVENUE AND TAXATION STATE GOVERNMENT ESTABLISHMENT OF QUALIFIED ABLE PROGRAM.

No. 519 (House Bill No. 768).

AN ACT

To amend Title 30 of the Official Code of Georgia Annotated, relating to disabled persons, so as to provide for the establishment of a qualified ABLE program in this state to enable the contribution of funds to tax-exempt accounts to pay for the qualified expenses of eligible individuals with disabilities; to provide a short title; to provide for legislative intent; to define certain terms; to provide for the creation of the Georgia ABLE Program Corporation; to provide for a board of directors and its membership, powers, duties, and administration; to provide for the establishment of the Georgia ABLE Program; to provide for participation agreements and ABLE accounts; to provide for the trust fund and the administration thereof; to provide for a comprehensive investment plan; to provide for effect of account deposits on eligibility for certain public assistance; to provide for annual reports; to provide for confidentiality and nondisclosure of certain records; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for tax treatment of withdrawals from ABLE accounts; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia ABLE Program Corporation from the meaning of "agency"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 30 of the Official Code of Georgia Annotated, relating to disabled persons, is amended by adding a new chapter to read as follows:

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"CHAPTER 9

30-9-1. This chapter shall be known and may be cited as the 'Georgia Achieving a Better Life Experience (ABLE) Act.'

30-9-2. (a) It is the intent of the legislature to authorize the establishment of a qualified ABLE program in this state to encourage and assist the saving of private funds in tax-exempt accounts in order to pay for the qualified disability expenses of eligible individuals with disabilities. (b) It is also the intent of the legislature that any qualified ABLE program established in this state be implemented in a manner that is consistent with federal law authorizing the program and that maximizes program efficiency and effectiveness.

30-9-3. As used in this chapter, the term:
(1) 'ABLE account' means an account established and owned by an eligible individual pursuant to this chapter. (2) 'Board' means the board of directors of the Georgia ABLE Program Corporation. (3) 'Corporation' means the Georgia ABLE Program Corporation created pursuant to Code Section 30-9-4. (4) 'Designated beneficiary' means the eligible individual who establishes an ABLE account or to whom an ABLE account is transferred. (5) 'Eligible individual' means an eligible individual as defined in Section 529A of the Internal Revenue Code. (6) 'Georgia ABLE program' or 'program' means a qualified ABLE program established pursuant to this chapter. (7) 'Internal Revenue Code' has the meaning provided in Code Section 48-1-2. (8) 'Participation agreement' means the agreement between the board and an eligible individual participating in the Georgia ABLE Program Trust Fund or his or her fiduciary. (9) 'Qualified ABLE Program' means a program established pursuant to Section 529A of the Internal Revenue Code. (10) 'Qualified disability expense' means an expense as defined in Section 529A of the Internal Revenue Code. (11) 'Trust fund' means the Georgia ABLE Program Trust Fund.

30-9-4. (a)(1) There is created the Georgia ABLE Program Corporation, as a body corporate and politic and an instrumentality of the state, for purposes of establishing and administering the Georgia ABLE Program. The corporation shall be governed by a board of directors

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consisting of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the state auditor; the director of the Office of Planning and Budget; the state revenue commissioner; the state treasurer; and three directors who shall be appointed by and serve at the pleasure of the Governor, who shall include at least two persons who are persons with a disability, a family member of a person with a disability, or a disability advocacy professional. The board shall elect a chairperson from its membership. The state treasurer shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. (2) Members of the board who are state officials or employees shall receive no compensation for their service on the board but may be reimbursed for expenses incurred by them in the performance of their duties as members of the board. Any members of the board who are not state officials or employees shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 for each day such member is in attendance at a meeting of the board. Expense allowances and other costs authorized in this paragraph shall be paid from moneys in the trust fund. (b) The board shall have the authority necessary or convenient to carry out the purposes and provisions of this chapter and the purposes and objectives of the trust fund, including, but not limited to, the authority to: (1) Have a seal and alter the same at its pleasure; bring and defend actions; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws; (2) Adopt such rules and regulations as are necessary to implement this chapter, subject to applicable federal laws and regulations; (3) Contract for necessary goods and services; employ necessary personnel; engage the services of consultants and other qualified persons and entities for administrative and technical assistance in carrying out its responsibilities under this chapter; and contract with state or federal departments or agencies, upon such terms, for such consideration, and for such purposes as it deems advisable; (4) Solicit and accept gifts, including bequests or other testamentary gifts made by will, trust, or other disposition grants, loans, and other funds or aid from any endowment or other public or private source or participate in any other way in any federal, state, or local governmental program in carrying out the purposes of this chapter; (5) Define the terms and conditions under which payments may be withdrawn or refunded from an ABLE account or the trust fund established under this chapter and impose reasonable charges for a withdrawal or refund; (6) Regulate the receipt of contributions or payments to the trust fund; (7) Require and collect fees and charges to cover the reasonable costs of administering ABLE accounts and impose a 10 percent penalty on the earnings portion included within a withdrawal of funds for nonqualified disability expenses or for entering into a participation agreement on a fraudulent basis;

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(8) Procure insurance against any loss in connection with the property, assets, and activities of the trust fund or the corporation; (9) Establish other policies, procedures, and criteria and perform such other acts as necessary or appropriate to implement and administer this chapter; and (10) Authorize the state treasurer to carry out any or all of the powers and duties enumerated in this chapter for efficient and effective administration of the program and trust fund. (c) The corporation is assigned to the Department of Administrative Services for administrative purposes only.

30-9-5. (a) The board shall be authorized to establish a Georgia ABLE Program under which a person may make contributions for a taxable year, for the benefit of an eligible individual, to an ABLE account established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the ABLE account. Any such program shall be administered by the corporation. Contributions and investment earnings on the contributions may be used for any qualified disability expenses of the designated beneficiary. Only one ABLE account may be established for any eligible individual. (b) In addition to or in lieu of establishing a Georgia ABLE Program pursuant to subsection (a) of this Code section, the corporation may:
(1) Enter into an agreement with another state which allows the residents of such state to participate under the Georgia ABLE Program; (2) Enter into an agreement with one or more states or a consortium of states that has a qualified ABLE program to allow residents of this state to participate in the qualified ABLE program of such other state, states, or consortium; or (3) Facilitate or otherwise provide access to allow residents of this state to participate in qualified ABLE programs operated by other states. (c) If a Georgia ABLE Program is established pursuant to subsection (a) of this Code section, it shall continue in existence until terminated by law. If the state determines that the program is financially infeasible, the state may terminate the program. Upon termination, amounts in the trust fund held for each designated beneficiary shall be returned in accordance with the participation agreement. (d) The state pledges to the designated beneficiaries that the state will not limit or alter their rights under this Code section which are vested in the Georgia ABLE Program until the program's obligations are met and discharged. However, this subsection shall not preclude such limitation or alteration if adequate provision is made by law for the protection of the designated beneficiaries pursuant to the obligations of the corporation and does not preclude termination of the program pursuant to subsection (c) of this Code section.

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30-9-6. If the board establishes a Georgia ABLE Program pursuant to Code Section 30-9-5, the board shall:
(1) Establish, implement, and maintain the program as a qualified ABLE program under Section 529A of the Internal Revenue Code; (2) Provide for the marketing of the program and develop and provide information to eligible individuals and their families necessary to establish and maintain an ABLE account; and (3) Make participation agreements and ABLE accounts available to eligible individuals.

30-9-7. (a) Each participation agreement entered into pursuant to this chapter shall include the following terms and conditions:
(1) The participation agreement shall not constitute a debt or obligation of the state; (2) Participation in the Georgia ABLE Program does not guarantee that sufficient funds will be available to cover all qualified disability expenses for any designated beneficiary and does not guarantee the receipt or continuation of any product or service for the designated beneficiary; (3) The establishment of an ABLE account in violation of federal law is prohibited; (4) Contributions in excess of the limitations set forth in Section 529A of the Internal Revenue Code are prohibited; (5) The state is a creditor of ABLE accounts as, and to the extent, set forth in Section 529A of the Internal Revenue Code; and (6) Material misrepresentations by a party to the participation agreement, other than the Georgia ABLE Program Corporation, in the application for the participation agreement or in any communication with the Georgia ABLE Program Corporation regarding the Georgia ABLE Program may result in the involuntary liquidation of the ABLE account. If an account is involuntarily liquidated, the designated beneficiary is entitled to a refund, subject to any fees or penalties provided by the participation agreement and the Internal Revenue Code. (b) A participation agreement entered into pursuant to this chapter may include terms and conditions specifying: (1) The requirements and applicable restrictions for opening an ABLE account; (2) The eligibility requirements for a party to the participation agreement and the rights of the party; (3) The requirements and applicable restrictions for making contributions to an ABLE account; (4) The requirements and applicable restrictions for directing the investment of the contributions or balance of the ABLE account; (5) The administrative fee and other fees and penalties applicable to an ABLE account;

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(6) The terms and conditions under which an ABLE account or a participation agreement may be modified, transferred, or terminated; and (7) Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the participation agreement with the requirements of Section 529A of the Internal Revenue Code or other applicable federal laws. (c) A participation agreement may be amended throughout its term for purposes that include, but are not limited to, allowing a participant to increase or decrease the level of participation and to change designated beneficiaries and other matters authorized by this Code section and Section 529A of the Internal Revenue Code.

30-9-8. (a)(1) The board shall be authorized to create the Georgia ABLE Program Trust Fund. The trust fund shall be administered by the state treasurer. The state treasurer shall credit to the trust fund all amounts transferred to such fund. The trust fund shall consist of money remitted in accordance with participation agreements and shall receive and hold all payments, contributions, and deposits intended for it as well as gifts, bequests, endowments, grants and any other public or private source of funds, and all earnings on the fund until disbursed as provided under this Code section. The amounts on deposit in the trust fund shall not constitute property of the state. Amounts on deposit in the trust fund shall not be commingled with state funds, and the state shall have no claim to or interest in such funds other than the amount of reasonable fees and charges assessed to cover administration costs. Participation agreements or any other contract entered into by or on behalf of the trust fund shall not constitute a debt or obligation of the state, and no account contributor shall be entitled to any amounts except for those amounts on deposit in or accrued to the account of such contributor. (2) The trust fund shall continue in existence so long as it holds any funds belonging to an account contributor or otherwise has any obligations to any person or entity until its existence is terminated by law and remaining assets on deposit in the trust fund are returned to designated beneficiaries or other eligible persons pursuant to the terms of the participation agreement or transferred to the state in accordance with unclaimed property laws.
(b) The official location of the trust fund shall be the Office of the State Treasurer, and unless otherwise authorized by the board, the facilities of the Office of the State Treasurer shall be used and employed in the administration of the fund, including without limitation the keeping of records, the management of bank accounts and other investments, the transfer of funds, and the safekeeping of securities evidencing investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities. (c) Payments received by the board on behalf of designated beneficiaries from account contributors, other payors, or any other source, public or private, shall be placed in the trust

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fund, and the board shall cause there to be maintained separate records and accounts for individual beneficiaries as may be required under Section 529A of the Internal Revenue Code or other applicable federal laws. (d) Account contributors shall only be permitted to contribute cash except as otherwise permitted under Section 529A of the Internal Revenue Code. The board shall establish appropriate safeguards against contributions to an ABLE account in excess of the limitations set forth in Section 529A of the Internal Revenue Code. (e) Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions. Amounts on deposit in an ABLE account shall be available for administrative fees and expenses and penalties imposed by the board as delineated in the participation agreement. (f) The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes of this chapter and shall not be loaned or otherwise transferred or used by the state for any other purpose.

30-9-9. The trust fund and ABLE account property and income shall be subject to taxation by the state only as provided by paragraph (10.1) of subsection (b) of Code Section 48-7-27 and shall not be subject to taxation by any of the state's political subdivisions.

30-9-10. (a) The board shall have authority to establish a comprehensive investment plan for the purposes of this chapter and to invest any funds of the trust fund through the state treasurer. The state treasurer shall invest the trust fund moneys pursuant to an investment policy adopted by the board. Notwithstanding any state law to the contrary, the board, through the state treasurer, shall invest or cause to be invested amounts on deposit in the trust fund, including the program account, in a manner reasonable and appropriate to achieve the objectives of the corporation, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall give due consideration to the risk of, expected rate of return of, term or maturity of, diversification of total investments of, liquidity of, and anticipated investments in and withdrawals from the trust fund. (b) The board may employ or contract with financial organizations, investment managers, evaluation services, or other such entities as determined by the board to be necessary for the effective and efficient investment, administration, and operation of the program. The board shall establish criteria for financial organizations, investment managers, evaluation services, or other such entities that act as contractors or consultants to the board. The board may contract, either directly or through such contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board, including without limitation providing consolidated billing, individual and collective record keeping and accounting, and asset purchase,

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control, and safekeeping. All contractors and consultants shall be selected by competitive solicitation, unless otherwise directed by the board. (c) All investments shall be marked clearly to indicate ownership by the corporation and, to the extent possible, shall be registered in the name of the corporation. (d) Subject to the terms, conditions, limitations, and restrictions set forth in this Code section, the board may sell, assign, transfer, and dispose of any of the securities and investments of the corporation if the sale, assignment, or transfer has the majority approval of the entire board. (e) Members and employees of the board shall be subject to the provisions of Chapter 10 of Title 45, relating to codes of ethics and conflicts of interest. (f) No account contributor or beneficiary shall directly or indirectly direct the investment of any account funds except as may be permitted under Section 529A of the Internal Revenue Code or other applicable federal laws. (g) The board may approve different investment plans and options to be offered to participants to the extent permitted under Section 529A of the Internal Revenue Code or other applicable federal laws and consistent with the objectives of this chapter, and the board may require the assistance of investment counseling before participation in different options.

30-9-11. Notwithstanding any other provision of state or local law or regulation that requires consideration of the financial circumstances of an applicant for local, state, or federal public assistance or a benefit provided under that law, the agency or entity making the determination of eligibility for such assistance or benefit may not consider the amount in the applicant's ABLE account or in an applicant's ABLE account established pursuant to an ABLE program in another state, including earnings on that amount, and any distribution for qualified disability expenses in determining the applicant's eligibility to receive the amount of the assistance or benefit with respect to the period during which the individual maintains any such ABLE account.

30-9-12. (a) If the board creates the Georgia ABLE Program Trust Fund pursuant to Code Section 30-9-8, the board shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the Georgia Able Trust Fund at the close of each fiscal year. Such report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. In addition, the board shall make the report available to account contributors and designated beneficiaries in the trust fund upon written request and may charge a reasonable fee for such report. The accounts of the trust fund shall be subject to annual audits by the state auditor or his or her designee. (b) Statements shall be provided to each designated beneficiary at least four times each year within 30 days after the end of the quarterly period to which a statement relates. The

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statement shall identify the contributions made during the preceding quarter, the total contributions made to the account through that quarter, the value of the account on the last day of that quarter, distributions made during that quarter, and any other information that the state treasurer requires to be reported to the designated beneficiary.

30-9-13. The Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, the Department of Human Services, the Georgia Vocational Rehabilitation Agency, and the Department of Education shall assist, cooperate, and coordinate with the corporation in the provision of public information and outreach for a board approved Qualified ABLE Program.

30-9-14. (a) Upon the death of a designated beneficiary of a Georgia ABLE Trust Fund account, the Department of Community Health and the Medicaid program for another state may file a claim with the Georgia ABLE Program for the total amount of medical assistance provided for the designated beneficiary under the Medicaid program after the date of the establishment of the ABLE account, less any premiums paid by or on behalf of the designated beneficiary to a Medicaid buy-in program. Funds in the ABLE account of the deceased designated beneficiary must first be distributed for qualified disability expenses followed by distributions for the Medicaid claim authorized under this subsection. Any remaining amount shall be distributed as provided in the participation agreement. (b) The corporation shall assist and cooperate with the Department of Community Health and Medicaid programs in other states upon the death of a designated beneficiary of the trust fund by coordinating through the Department of Community Health with the information needed to accomplish the purpose and objective of subsection (a) of this Code section.

30-9-15. An ABLE account may not be assigned for the benefit of creditors, used as security or collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge, encumbrance, or charge. Except as provided in Code Section 30-9-14, moneys paid into or out of an ABLE account, and the income and assets of such account, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any designated beneficiary or account contributor.

30-9-16. (a) The provisions of Article 4 of Chapter 18 of Title 50 notwithstanding, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:

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(1) Completed participation applications, executed participation agreements, and ABLE account numbers; (2) All wiring or automated clearing-house transfer of funds instructions regarding participation agreements; (3) ABLE account transactions, IP addresses used to initiate transactions, and analysis statements received or prepared by or for the corporation; (4) All bank routing and account numbers in the possession of the corporation and any record or document containing such numbers; (5) All proprietary computer software in the possession or under the control of the corporation; and (6) All security codes and procedures related to physical, electronic, or other access to any ABLE account or the trust fund, its systems, and its software. (b) For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, of the trust fund shall not constitute public records and shall not be open to inspection by the general public: (1) Investment trade tickets; and (2) Bank statements. (c) The restrictions of subsections (a) and (b) of this Code section shall not apply to access: (1) Required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the corporation is a party; (2) In prosecutions or other court actions to which the State of Georgia or the corporation is a party; (3) Given to federal or state regulatory or law enforcement agencies; (4) Given to any person or entity in connection with an ABLE account to which such person or entity is an account contributor or given to any person in connection with an ABLE account of which such person is a beneficiary; or (5) Given to the board or any member, employee, or contractor thereof for use and public disclosure in the ordinary performance of its duties pursuant to this chapter."

SECTION 2. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended in subsection (b) by adding a new paragraph to read as follows:
"(10.1)(A) The amount of any qualified withdrawals from an ABLE account established pursuant to a Georgia ABLE program or any Qualified ABLE Program, as such programs are defined under Chapter 9 of Title 30, shall not be subject to state income tax under this chapter. (B) For withdrawals other than qualified withdrawals from such an ABLE account, the proportion of earnings in the account balance at the time of the withdrawal shall be

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applied to the total funds withdrawn to determine the earnings portion to be included in the designated beneficiary's taxable net income in the year of withdrawal."

SECTION 3. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions for purposes of the Georgia Administrative Procedure Act, is amended by revising paragraph (1) as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board; the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Nonpublic Postsecondary Education Commission; 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; the Georgia ABLE Program Corporation; 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:
(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 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 May 3, 2016.

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EDUCATION SHAWN SMILEY ACT; GEORGIA STUDENT FINANCE AUTHORITY; VOLUNTARY DONATIONS THROUGH STATE INCOME
TAX RETURNS FOR UNDERGRADUATE TUITION GRANTS FOR CHILDREN OF CERTAIN PUBLIC SAFETY OFFICERS WHO WERE DISABLED OR KILLED IN THE LINE OF DUTY.

No. 520 (House Bill No. 54).

AN ACT

To amend Subpart 1 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Student Finance Authority, so as to provide for voluntary donations through state income tax returns and drivers' licenses for funding undergraduate tuition grants to children of law enforcement officers, firefighters, paramedics, emergency medical technicians, prison guards, and Highway Emergency Response Operators of the Department of Transportation who were disabled or killed in the line of duty; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Shawn Smiley Act."

SECTION 2. Subpart 1 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Student Finance Authority, is amended by adding a new Code section to read as follows:
"20-3-316.2. (a)(1) Each Georgia income tax return form for taxable years beginning on or after January 1, 2017, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to make a charitable contribution to the Georgia Student Finance Authority to provide financial assistance toward the postsecondary educational costs of the children of law enforcement officers, firefighters,

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paramedics, emergency medical technicians, and prison guards employed by the state or other public employer, and Highway Emergency Response Operators of the Department of Transportation who were permanently disabled or killed in the line of duty by either donating all or any part of any tax refund due and authorizing a reduction in the refund check otherwise payable or 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 intended use of the moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to make a charitable contribution to the Georgia Student Finance Authority may designate such contribution as provided on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia Student Finance Authority. (b) Beginning January 1, 2017, the Department of Driver Services shall, through appropriate language on its forms for the issuance and renewal of drivers' licenses and identification cards, offer individuals the opportunity to make a voluntary charitable contribution of $1.00, $5.00, or $10.00 to the Georgia Student Finance Authority to provide financial assistance toward the postsecondary educational costs of the children of law enforcement officers, firefighters, paramedics, emergency medical technicians, and prison guards employed by the state or other public employer, and Highway Emergency Response Operators of the Department of Transportation who were permanently disabled or killed in the line of duty. The form shall contain a description of the intended use of moneys received from the contributions. Each individual who desires to make a charitable contribution may designate such contribution on the appropriate form, and the Department of Driver Services shall accept such contribution. The Department of Driver Services shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary charitable contribution program, and shall transmit the balance to the Georgia Student Finance Authority for funding, in whole or in part, the postsecondary educational costs of such students. If, in any tax year, the administrative costs of the Department of Driver Services for collecting charitable contributions pursuant to this subsection exceed the sum of such contributions, the administrative costs which the Department of Driver Services is authorized to withhold from such contributions shall not exceed the sum of such contributions."

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

Approved May 3, 2016.

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EDUCATION HOPE AND ZELL MILLER SCHOLARSHIPS; ELIGIBILITY FOR CERTAIN STUDENTS.

No. 521 (House Bill No. 798).

AN ACT

To amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for eligibility for Zell Miller Scholarships for home study students and students graduating from ineligible high schools who receive certain scores on standardized college admission tests; to revise eligibility requirements for HOPE scholarships for entering freshmen students who are home study students or students who graduated from ineligible high schools regarding scores on standardized college admission tests; 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, relating to definitions, by revising paragraph (27) as follows:
"(27) 'Zell Miller Scholarship Scholar' means a student who 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 on the combined critical reading and math portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016, or an ACT composite scale score of at least 26; (ii) Having graduated from an eligible high school as a valedictorian or salutatorian; (iii) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 or having graduated from a high school which is not an eligible high school, having received a score in the ninety-third percentile or higher on the ACT, on the combined critical reading and math portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016; or

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(iv) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 or having graduated from a high school which is not an eligible high school, having received a score of at least 1,200 on the combined critical reading and math portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016, 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 who entered an eligible postsecondary institution as a freshman between July 1, 2007, and June 30, 2011, and met the requirements of subparagraph (A) of this paragraph may become a Zell Miller Scholarship Scholar as a sophomore, junior, senior, or first professional student. A student who 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 2. Said part is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by revising subsection (a) as follows:
"(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible postsecondary institution shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 20-2-157; (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after

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June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (c) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; (C) In the case of an otherwise qualified student who: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 but received the general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school; or (iii) Graduated from a high school which is not an eligible high school, earning a score in the seventy-fifth percentile or higher nationally on a standardized college admission test, such as the SAT or ACT; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status."

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

Approved May 3, 2016.

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EDUCATION HIGH SCHOOLS RECEIVING STATE FUNDS; LIMITATION ON MEMBERSHIP IN CERTAIN ATHLETIC ASSOCIATIONS.

No. 522 (Senate Bill No. 309).

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 high schools that receive state funding cannot participate in an athletic association which prohibits religious expression on the clothing of student athletes; to provide that high schools that receive state funding cannot participate in an athletic association which prohibits member schools from organizing and playing scrimmage matches, games, or other athletic competitions with nonmember schools; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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:
"20-2-316.3. (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 high schools in this state participate. (b) No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic athletic events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits personal and voluntary religious expression of student athletes other than as required to protect the safety of the participants or the conduct of the athletic event in a manner consistent with the rules of the particular athletic event. (c) No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic athletic events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits its member schools from organizing and playing scrimmage games, matches, or other athletic competitions with schools which are not member schools even though:
(1) Prior to such athletic competition, the administrators of both schools agree in writing to participate in such competition;

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(2) Each school is in compliance with the requirements of Code Section 20-2-319.2; (3) Each school is in compliance with the requirements of Code Section 20-2-324.1; and (4) Such athletic competitions are limited to high school student athletes."

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

Approved May 3, 2016.

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EDUCATION ELEMENTARY AND SECONDARY EDUCATION; INSTRUCTIONAL MATERIALS.

No. 523 (House Bill No. 739).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the state recommendation process for instructional materials and content is optional; to require a review and recommendation process for locally approved instructional materials and content; to provide for public review of proposed and approved instructional materials and content; to provide for the designation of a school system coordinator; to provide for an effective date and 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-1012, relating to committee recommendations on instructional materials and content and additions to approved lists, as follows:
"20-2-1012. (a)(1) The State Board of Education may select a committee or committees of educators actually engaged in public school work in this state to examine instructional materials and content and make recommendations thereon to the state board. Such committee or committees may consist of such number of educators as the state board may deem advisable. They may serve for such time and for such duties as the state board may prescribe and may receive such compensation as may be fixed by the state board.

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(2) In the event that it elects to provide for state approved instructional materials and content, the State Board of Education shall establish a review and recommendation process in accordance with this paragraph. Such process shall include the opportunity for public comment and parental input prior to the adoption of any proposed instructional materials and content. As part of such process, the State Board of Education shall post in a prominent location on its website a list of proposed instructional materials and content for public review, including the version or edition number, if applicable; the state funded course number for which the instructional resource will be used; and the identification number, in accordance with any guidelines established by the State Board of Education. The State Board of Education shall make all state approved instructional materials and content available for review upon request and may specify reasonable hours for review. If state instructional materials and content are approved, the state board shall designate at least one employee to serve as the contact person for any inquiries related to or requests for review of state approved instructional materials and content and to coordinate its efforts to comply with and carry out its responsibilities under this subsection. (b) In addition to any other method of instructional materials and content selection, the State Board of Education may add to the approved list of instructional materials and content for use in the public schools of this state any instructional materials and content requested in writing by: (1) The superintendents of five or more different school systems; or (2) Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the instructional materials and content requested, if the requisite number of requests for the specified instructional materials and content are received within any 365 day period. Instructional materials and content so added to the approved list may be added within 30 days following the receipt by the state board of the requisite number of requests. No designation may be included upon the approved list which indicates the manner in which any instructional materials and content were added to the list. Other than the selection method, publishers whose instructional materials and content are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding instructional materials and content as other publishers, including but not limited to price, durability, accessibility, and availability."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"20-2-1017. (a) As used in this Code section, the term 'locally approved instructional materials and content' means instructional materials and content, as defined by the State Board of Education pursuant to Code Section 20-2-1010, which constitute the principal source of study for a state funded course, not including supplementary or ancillary material, which

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is adopted by a local board of education or used by a local school system. Supplementary or ancillary material includes, but is not limited to, articles, online simulations, worksheets, novels, biographies, speeches, videos, music, and similar resources in any medium, including both physical or digital. (b) Each local board of education shall establish a review and recommendation process for any locally approved instructional materials and content that are adopted or used by the local school system. Such process shall include notice to parents and guardians by the most practical means, which may be accomplished in the same manner as other notices to parents and guardians, and the opportunity for public comment and parental input prior to the adoption or use of any proposed instructional materials and content. As part of such process, the local board of education shall post in a prominent location on its website, and make available for review in print form upon request, a list of proposed instructional materials and content for public review, including the version or edition number, if applicable; the state funded course number for which the instructional resource will be used, if applicable; and the identification number, in accordance with any guidelines established by the State Board of Education.
(c)(1) Each local board of education shall make all proposed and locally approved instructional materials and content used by the local school system available for review on site upon request. Each local board of education shall make any supplementary or ancillary material used by the local school system at a school available for review upon request by any parent of a student in the school or who will be matriculating to such school. The local board of education may specify reasonable hours for review. (2) Each local board of education shall designate at least one employee to serve as the contact person for any inquiries related to or requests for review of locally approved instructional materials and content and supplementary or ancillary material and to coordinate its efforts to comply with and carry out its responsibilities under this Code section. (d) In addition, each local school system and each school which maintains a website shall post in a prominent location on such website a list of the locally approved instructional materials and content that are used by such school system or school. For each locally approved instructional resource, such list shall include the version or edition number, if applicable; the state funded course number for which the instructional resource will be used, if applicable; and the identification number, in accordance with any guidelines established by the State Board of Education. (e) This Code section shall be effective July 1, 2017, and shall apply beginning with the 2017-2018 school year and thereafter."

SECTION 3. Said chapter is further amended by revising paragraph (3) of subsection (b) of Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and

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equipment, minimum school year, summer school programs, and year-round operation, as follows:
"(3) Local units of administration may obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or other expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid to the local unit, whether or not the bid price of such vendor is greater or less than the state bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the state bid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess costs paid for such items by the local unit. The state board shall prescribe regulations necessary for implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and other expenses, as may be designated by the state board, whether or not state bid prices are obtained on such items."

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

Approved May 3, 2016.

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CRIMES AND OFFENSES PENAL INSTITUTIONS FRAUDULENT REPRESENTATION OF MILITARY SERVICE OR AWARD RECEIVED
DUE TO MILITARY SERVICE; TRANSMITTING FALSE PUBLIC ALARM; WARRANTS FOR ESCAPE; RETENTION OF BADGE AND WEAPON BY CERTAIN EMPLOYEES OF STATE BOARD OF PARDONS AND PAROLES; FEE FOR TRANSFER OF SUPERVISION OF NONINDIGENT ADULT OFFENDER.

No. 524 (Senate Bill No. 270).

AN ACT

To amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to create an offense involving the fraudulent representation of military service or award received due to military service; to provide for

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definitions; to provide for penalties; 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 revise provisions relating to transmitting a false public alarm; to provide a definition; to revise penalty provisions; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to authorize the chief of staff to the commissioner to issue warrants for the arrest of an offender who has escaped from the custody of the department; to provide for the retention of badges and weapons by certain employees of the State Board of Pardons and Paroles; to revise the application fee paid to the Department of Community Supervision or the State Board of Pardons and Paroles by nonindigent adult offenders when applying to transfer supervision to any other state or territory; 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. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by adding a new Code section to read as follows:
"16-9-63. (a) As used in this Code section, the term:
(1) 'Armed forces of the United States' means the army, navy, air force, marine corps, or coast guard and the reserve components thereof and the uniformed components of the Public Health Service or the National Oceanic and Atmospheric Administration. (2) 'Military decoration' means:
(A) A medal, decoration, badge, or ribbon authorized by law, executive order, or regulation to be awarded to a member of the armed forces of the United States by the President of the United States, Congress, the United States Department of Defense, or the United States Department of Homeland Security; (B) A medal, decoration, badge, or ribbon authorized by law, executive order, or regulation to be awarded to members of the organized militia; or (C) A rosette or metal lapel button depicting a medal, decoration, badge, or ribbon described in subparagraph (A) or (B) of this paragraph which is authorized by law, executive order, or regulation to be worn on civilian clothing. (3) 'Military medal award' shall have the same meaning as provided for under Code Section 40-2-85.1. (4) 'Military veteran' means a current, former, or retired member of the armed forces of the United States, the organized militia, or a state military force of another state. (5) 'Organized militia' means the Army National Guard, the Air National Guard, the Georgia Naval Militia, and the State Defense Force. (6) 'Tangible benefit' means:

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(A) A benefit, preference, service, or other thing of value offered to a military veteran which is enhanced or offered at a reduced rate or free of charge by an agency of this state, or any political subdivision or authority thereof, based on such military veteran's service or the award of a military decoration; (B) Employment or promotion in an individual's employment; or (C) Election to public office. (b) It shall be unlawful for any individual, with the intent to secure a tangible benefit for himself or herself, to make a false, fictitious, or fraudulent statement or representation that such individual is a military veteran or recipient of a military decoration. (c) It shall be unlawful for any individual, with the intent to deceive, to appear in a court of this state while wearing: (1) The uniform of the armed forces of the United States or of the organized militia of this state if such individual is not authorized to wear such uniform; or (2) Any military decoration which such individual has not, in fact, been awarded. (d) Any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that if such violation involves a military medal award, such person shall be guilty of a misdemeanor of a high and aggravated nature. (e) Any violation of this Code section shall be considered a separate offense and shall not merge with any other offense. If an individual is convicted of a violation of Code Section 16-10-20 and this Code section arising out of the same incident, any penalty imposed for a violation of this Code section shall be served consecutively to any sentence that may be imposed for a violation of Code Section 16-10-20."

SECTION 2. Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by revising Code Section 16-10-28, relating to transmitting a false public alarm and restitution, as follows:
"16-10-28. (a) As used in this Code section, the term:
(1) 'Critical infrastructure' means any building, place of assembly, or facility that is located in this state and necessary for national or public security, education, or public safety. (2) 'Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (3) 'Hazardous substance' means a hazardous substance as such term is defined by Code Section 12-8-92. (b) A person commits the offense of transmitting a false public alarm when he or she knowingly and intentionally transmits in any manner a report or warning knowing at the time of the transmission that there is no reasonable ground for believing such report or warning and when the report or warning relates to:

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(1) A destructive device or hazardous substance is located in such a place that its explosion, detonation, or release would endanger human life or cause injury or damage to property; or (2) An individual who has caused or threatened to cause physical harm to himself or herself or another individual by using a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to result in serious bodily injury. (c)(1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (b) of this Code section shall be punished as for a misdemeanor of a high and aggravated nature and upon conviction for a second or subsequent violation of subsection (b) of this Code section shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years, by a fine of not less than $5,000.00, or both. (2) If the location of the violation of paragraph (1) of subsection (b) of this Code section is critical infrastructure, such person shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than five nor more than ten years, a fine of not more than $100,000.00, or both. (d) In addition to any other penalty imposed by law for a violation of this Code section, the court may require the defendant to make restitution to any affected public or private entity for the reasonable costs or damages associated with the offense including, without limitation, the actual value of any goods, services, or income lost as a result of such violation. Restitution made pursuant to this subsection shall not preclude any party from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this subsection is supplemental and not exclusive."

SECTION 3. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsection (c) of Code Section 42-2-8, relating to additional duties of the commissioner of corrections, as follows:
"(c) The commissioner and any person designated and serving in the position of his or her chief of staff shall be authorized to issue a warrant for the arrest of an offender who has escaped from the custody of the department upon probable cause to believe the offender has violated Code Section 16-10-52, relating to escape from lawful confinement."

SECTION 4. Said title is further amended by revising Code Section 42-9-9, relating to board employees, as follows:
"42-9-9. (a) The board may appoint such clerical, stenographic, supervisory, and expert assistants and may establish such qualifications for its employees as it deems necessary. In its discretion, the board may discharge such employees.

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(b) An employee leaving the service of the board under honorable conditions who has accumulated 20 or more years of service with the board, or 20 or more years of combined service as a parole officer with the board, a probation officer or supervisor with the Department of Corrections, or a community supervision officer with the department, shall be entitled as part of such employee's compensation to retain his or her board issued weapon and badge.
(c)(1) As used in this subsection, the term 'disability' means a disability that prevents an individual from working as a parole officer. (2) When a parole officer leaves the employment of the board as a result of a disability arising in the line of duty, such parole officer shall be entitled as part of such parole officer's compensation to retain his or her weapon and badge in accordance with rules and regulations promulgated by the board. (d) A parole officer killed in the line of duty shall be entitled to have his or her board issued badge given to a surviving family member. (e) The board shall be authorized to promulgate rules and regulations for the implementation of this Code section."

SECTION 5. Said title is further amended by revising subsection (b) of Code Section 42-9-90, relating to application fee required for transfer consideration, as follows:
"(b) The department and the State Board of Pardons and Paroles shall be authorized to require any nonindigent adult offender to pay a $100.00 application fee when applying to transfer his or her supervision from Georgia to any other state or territory pursuant to the provisions of Articles 3 and 4 of this chapter."

SECTION 6. Section 3 of this Act shall become effective on July 1, 2016, and shall apply to offenses committed on or after such date. All other sections of this Act shall become effective upon its approval by the Governor or its becoming law without such approval.

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

Approved May 3, 2016.

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EDUCATION CHARTER SCHOOLS FINANCIAL MANAGEMENT CERTIFICATION; CERTAIN PERSONNEL PROHIBITED FROM SERVING AS CHIEF FINANCIAL OFFICER OF CHARTER SCHOOL; TRAINING OF CHARTER SCHOOL BOARD MEMBERS.

No. 525 (House Bill No. 895).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the establishment of a charter schools financial management certification; to provide that certain personnel of a charter school or state charter schools shall not serve simultaneously as the chief financial officer for the school; to include certain requirements for training for charter school and state charter school governing board members; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-2072, relating to training for board members, 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. The training shall also include two to three hours annually regarding sound fiscal management and monitoring the implementation of the budget in accordance with state laws and regulations which includes the following elements:
(1) Board developed policies to ensure sound fiscal management, including but not limited to: balanced budget requirements, spending level authorizations and permissions, deficit spending restrictions, establishment of special funds, and reserve maintenance requirements;

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(2) Holding the principal, or its equivalent, accountable for the implementation of the budget in a manner consistent with the school's strategic plan; (3) Establishing through policy, the level of spending beyond the budget for which the school leader must seek board approval; (4) Monitoring the school's audits, monthly financial reports, and additional financial reports needed to make informed decisions and to ensure execution of the budget in a manner consistent with the strategic plan and strategic goals of the school; (5) Reviewing and addressing annually audited financial records and audit findings, with a goal of proactively preventing audit exceptions; (6) Addressing fiscal matters in a manner consistent with state law, sound business practice, and ethical principles regarding conflicts of interest; and (7) Operating in a manner such that the board's financial decisions and actions do not provide unfair financial or other opportunistic advantages to any member of the governance board, their family members, associates, or individual constituents."

SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"20-2-2073. The State Board of Education shall establish a charter schools financial management certification program for charter school leaders and personnel who are responsible for the school's budget, accounting, payroll processing, purchasing, and ensuring the school's financial policies are in line with state and federal laws and best practices.

20-2-2074. The principal, or its equivalent, for a charter school shall not serve simultaneously as the chief financial officer, or its equivalent, for the charter school."

SECTION 3. Said chapter is further amended by striking the "and" at the end of paragraph (11) and by revising paragraph (12) of subsection (b) and adding a new paragraph to 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. The training shall also include two to three hours annually regarding sound fiscal management

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and monitoring the implementation of the budget in accordance with state laws and regulations which includes the following elements:
(A) Board developed policies to ensure sound fiscal management, including but not limited to: balanced budget requirements, spending level authorizations and permissions, deficit spending restrictions, establishment of special funds, and reserve maintenance requirements; (B) Holding the principal, or its equivalent, accountable for the implementation of the budget in a manner consistent with the school's strategic plan; (C) Establishing through policy, the level of spending beyond the budget for which the school leader must seek board approval; (D) Monitoring the school's audits, monthly financial reports, and additional financial reports needed to make informed decisions and to ensure execution of the budget in a manner consistent with the strategic plan and strategic goals of the school; (E) Reviewing and addressing annually audited financial records and audit findings, with a goal of proactively preventing audit exceptions; (F) Addressing fiscal matters in a manner consistent with state law, sound business practice, and ethical principles regarding conflicts of interest; and (G) Operating in a manner such that the board's financial decisions and actions do not provide unfair financial or other opportunistic advantages to any member of the governance board, their family members, associates, or individual constituents; and (13) Establish a charter schools financial management certification program for state charter school leaders and personnel who are responsible for the school's budget, accounting, payroll processing, purchasing, and ensuring the school's financial policies are in line with state and federal laws and best practices."

SECTION 4. Said chapter is further amended by adding a new subsection to Code Section 20-2-2084, relating to state charter school requirements, to read as follows:
"(f.1) The principal, or its equivalent, for a state charter school shall not serve simultaneously as the chief financial officer, or its equivalent, for the state charter school."

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

Approved May 3, 2016.

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LABOR AND INDUSTRIAL RELATIONS FRANCHISEE AND FRANCHISEE'S EMPLOYEE NOT EMPLOYEES OF FRANCHISOR.

No. 526 (Senate Bill No. 277).

AN ACT

To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to provide that neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose; to provide for applicability; to provide for a short title; 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. This Act shall be known and may be cited as the "Protecting Georgia Small Businesses Act."

SECTION 2. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, is amended by adding a new Code section to read as follows:
"34-1-9. (a) As used in this Code section, the terms 'franchisee' and 'franchisor' shall have the same meanings as provided in 16 C.F.R. Section 436.1 as such existed on August 26, 2015. (b) Notwithstanding any order issued by the federal government or any agreement entered into with the federal government by a franchisor or a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose. (c) This Code section shall not apply to Chapter 9 of this title."

SECTION 3. This Act shall become effective on January 1, 2017.

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

Approved May 3, 2016.

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617

REVENUE AND TAXATION AD VALOREM TAX EXEMPTION FOR WATERCRAFT AND ALL-TERRAIN VEHICLES HELD IN INVENTORY FOR SALE OR RESALE.

No. 527 (House Bill No. 769).

AN ACT

To provide ad valorem exemptions for certain motor vehicles; to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide for an exemption from ad valorem taxation for certain watercraft and all-terrain vehicles held in inventory for sale or resale; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, is amended by revising Code Section 48-5-504.40, relating to watercraft held in inventory for resale exempt from taxation for limited period of time, as follows:
"48-5-504.40. (a) As used in this Code section, the term:
(1) '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. (2) 'Dealer' means any person who is engaged in the business of selling watercraft or all-terrain vehicles at retail. (3) 'Watercraft' means any vehicle which is self-propelled or which is capable of self-propelled water transportation, or both. (b) Watercraft and all-terrain vehicles owned by a dealer and held in inventory for sale or resale shall constitute a separate classification of tangible property for ad valorem taxation purposes. The procedures prescribed in this chapter for returning watercraft or all-terrain vehicles for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on watercraft or all-terrain vehicles do not apply to watercraft or all-terrain vehicles owned by a dealer and held in inventory for sale or resale. Such watercraft or all-terrain vehicles owned by a dealer and held in inventory for sale or resale shall not be returned for ad valorem taxation and shall not be taxed, and no taxes shall be collected on such watercraft or all-terrain vehicles until they are transferred and then otherwise, if at all, become subject to taxation as provided in this chapter."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all tax years beginning on and after January 1, 2017.

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

Approved May 3, 2016.

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EDUCATION VIDEO MONITORING CAMERAS IN CLASSROOMS PROVIDING SPECIAL EDUCATION SERVICES.

No. 528 (House Bill No. 614).

AN ACT

To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for the placement of video monitoring cameras in classrooms providing special education services; to provide for requirements; to provide for funding; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Landon Dunson Act."

SECTION 2. Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-324.2. (a) The Department of Education is authorized to provide guidance for the placement of video monitoring cameras and equipment by a school in self-contained classrooms in which students receive special education services. The Department of Education is authorized to approve local school systems for participation and may approve local school systems which already utilize video monitoring cameras and equipment in their special education

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self-contained classrooms through an application process. The department or an approved local school system may approve schools in the local school system for participation. A local school system or school may, in its sole discretion, agree to participate. (b) Participating local school systems or schools shall provide, at a minimum, for:
(1) Prior notice of the placement of video monitoring cameras to the parents or guardians of each student in the approved classrooms; (2) The retention of videos recorded from video monitoring cameras placed pursuant to this Code section for no less than three months nor more than 12 months from the date of the recording; (3) The coverage by video monitoring cameras of all areas of the approved classrooms, to the extent practical; and (4) Procedures and requirements to protect the confidentiality of student records contained in videos recorded from video monitoring cameras placed pursuant to this Code section in accordance with the federal Family Educational Rights and Privacy Act and Article 15 of this chapter. (c) The video monitoring cameras shall only be used for purposes of monitoring classroom instruction, monitoring classroom interactions, and teacher observation, and review of recorded material shall only be for such purposes, except with the written permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction. Recorded material, including identity of students or demographics of students, shall not be used for marketing purposes. (d) The Department of Education shall provide guidelines and criteria regarding the effectiveness, feasibility, and benefits, including any impact on safety, and the Department of Education may require participating local school systems or schools to conduct an evaluation. If the department requires such evaluations, the department shall collect and report the results of such evaluation to the House Committee on Education and the Senate Education and Youth Committee. (e)(1) The department shall serve as a state level flow through point for any available state or federal funding. (2) Local school systems may solicit and accept gifts, grants, and donations from any person or entity for use in placing video monitoring cameras in classrooms pursuant to this Code section."

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

Approved May 3, 2016.

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EDUCATION ANNUAL TEACHER, PRINCIPAL, AND ASSISTANT PRINCIPAL EVALUATIONS; STUDENT ASSESSMENTS; READING AND ARITHMETIC MASTERY TIMELINES.

No. 529 (Senate Bill No. 364).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to annual teacher, principal, and assistant principal evaluations; to revise provisions relating to student assessments; to provide for mastery in reading by the end of third grade and mastery in basic math skills by the end of fifth grade; to provide for complaints on procedural deficiencies in conducting evaluations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (b) of Code Section 20-2-210, relating to annual performance evaluations, as follows:
"(b)(1) No later than the 2014-2015 school year, each local school system and all charter schools shall implement an evaluation system as adopted and defined by the State Board of Education for elementary and secondary school teachers of record, assistant principals, and principals. The evaluation system shall be developed by the department in consultation with stakeholders, such as teachers and principals. The evaluation system shall use multiple measures as specified in this subsection. For purposes of the evaluation system established pursuant to this subsection, the state board shall define and designate teachers of record, assistant principals, and principals; provided, however, that growth in student achievement shall not include the test scores of any student who has not been in attendance for a specific course for at least 90 percent of the instructional days for such course. (2) Reserved. (3) Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Beginning with the 2016-2017 school year, evaluation measures shall include the following elements:

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(A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following:
(i) Student growth, based on student scores on the annual state assessment, shall count for 30 percent of the evaluation; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation. (B) For teachers of record who teach courses that are not subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following: (i) Student growth shall count for 30 percent of the evaluation. Student growth shall include at least one student growth measure and may utilize other student growth indicators, including the school or local school system total score on the annual state assessments, as allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract for at least one classroom for each teacher of record who teaches courses that are not subject to annual state assessments aligned with state standards. This provision shall not be construed to require the measurement of student growth for every student taking courses that are not subject to annual state assessments aligned with state standards; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation. (C) For principals and assistant principals, the evaluation shall be composed of the following:

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(i) Student growth, based on the school score on annual state assessments, shall count for 40 percent of the evaluation; (ii) School climate shall count for 10 percent of the evaluation; (iii) A combination of achievement gap closure, Beat the Odds, and College and Career Readiness Performance Index data, as allowed by the flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, shall count for 20 percent of the evaluation; and (iv) The results of evaluations, observations, and standards of practice shall count for 30 percent of the evaluation. (4) The evaluation system adopted by the State Board of Education shall give every teacher of record, assistant principal, and principal one of four rating levels that are designated as 'Exemplary,' 'Proficient,' 'Needs Development,' or 'Ineffective,' as further defined by the State Board of Education. A rating of 'Ineffective' shall constitute evidence of incompetency as provided by paragraph (1) of subsection (a) of Code Section 20-2-940. Each teacher of record, assistant principal, and principal shall be evaluated on his or her own individual merits and neither the State Board of Education, a local school system, nor a charter school shall impose or require any quota system or predetermined distribution of ratings for teachers of record, assistant principals, or principals. (5) All teachers of record, assistant principals, and principals shall have a pre-evaluation conference, midyear evaluation conference, and a summative evaluation conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within ten working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. For teachers of record, the annual evaluation shall include multiple classroom observations conducted each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement and professional growth. A local school system or charter school may include in its flexibility contract, or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, a provision for a tiered evaluation system, in which reduced observations of certain teachers of record may be conducted to provide additional time for evaluators to coach and mentor new teachers and teachers with a performance rating of 'Needs Development' or 'Ineffective' pursuant to paragraph (4) of this subsection on a pathway of continuous improvement. For the evaluation of teachers of record with a minimum of three years' teaching experience and a performance

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rating of 'Proficient' or 'Exemplary' pursuant to paragraph (4) of this subsection in the previous school year, the local school system or charter school, in its discretion, shall require no less than two classroom observations and one summative evaluation for the school year. (6) In order to ensure proper implementation of the evaluation system developed pursuant to this Code section, the Department of Education shall:
(A) Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance; (B) Establish processes for roster verification and student teacher linkages in order to assign the student's achievement scores to the teacher for the purposes of evaluating the teacher's performance; (C) Establish minimum training and credentialing requirements for evaluators of teachers and principals; and (D) Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management. (7) As used in this subsection, the term 'flexibility contract' means a charter for a charter system or a charter school or a contract entered into with the State Board of Education for a strategic waivers school system."

SECTION 2. Said article is further amended by revising Code Section 20-2-281, relating to student assessments, as follows:
"20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. The student assessment program shall include a comprehensive summative assessment program for grades three through 12. In addition, each local school system shall administer, with state funding, a research based formative assessment with a summative component that is tied to performance indicators in English, language arts/reading, and mathematics in grades one and two, subject to available appropriations. Each local school system may elect to administer, with state funding, nationally norm-referenced instruments in reading, mathematics, science, or social studies in grade three, four, or five and in grade six, seven, or eight, subject to available appropriations, with assistance to such school systems by the State Board of Education with regard to administration guidance, scoring, and reporting of such instruments. Further, the State Board of Education shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. Each local school system is strongly encouraged to develop and implement a program of multiple formative assessments in reading and mathematics for

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kindergarten through fifth grade to ensure that students entering sixth grade are on track to meet grade-level expectations, including mastery in reading by the end of third grade to prepare for the infusion of literacy in subsequent grades and mastery in basic mathematics skills by the end of fifth grade and in accordance with the local school system's five-year strategic plan, performance indicators, and, if applicable, flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract. The State Board of Education shall periodically review, revise, and upgrade the content standards. Following the adoption of such content standards, the State Board of Education shall contract for development of end-of-grade assessments to measure the content standards. As part of the comprehensive summative assessment program, end-of-grade assessments in English, language arts/reading, and mathematics shall be administered annually to students in grades three through eight, and such tests in science and social studies shall be administered annually to students in grades five and eight. These tests shall contain features that allow for comparability to other states with whom establishing such comparison would be statistically sound; provided, however, that no such comparison shall be conducted which would relinquish any measure of control over assessments to any individual or entity outside the state. Further, as part of the comprehensive summative assessment program, the State Board of Education shall adopt and administer, through the Department of Education, end-of-course assessments for students in grades nine through 12 for all core subjects, as determined by the state board. Writing performance shall be assessed, at a minimum, for students in grades three, five, eight, and 11 and may be assessed for students in additional grade levels as designated by the State Board of Education. Such required writing performance assessment may be embedded within the assessments included in the comprehensive summative assessment program. Writing performance results shall be provided to students and their parents. If authorized by federal law, the Department of Education may establish a pilot program for local school systems that have an existing program of multiple formative assessments during the course of the academic year that result in a single summative score that is valid and reliable in measuring individual student achievement or growth and assessing individual student needs or deficiencies, to utilize such local assessments in place of end-of-grade or end-of-course assessments, if provided for in the terms of the local school system's flexibility contract. As used in this subsection, the term 'flexibility contract' means a charter for a charter system or a charter school or a contract entered into with the State Board of Education for a strategic waivers school system. (b) The nationally norm-referenced instruments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such instruments. End-of-grade assessments shall provide for results that reflect student achievement at the individual student, classroom, school, system, state, and national levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state's performance against

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national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. One of the components in the awarding of salary supplements as part of a pay for performance or related plan under this article may be assessments of student achievement. (b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year. In the event the state board is unable to provide timely results in the first year of implementation of a substantially new assessment instrument, the provisions in paragraphs (2) and (3) of subsection (b) of Code Section 20-2-283 shall not apply. (c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on end-of course assessments and other instruments adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Such regulations shall further provide for appropriate accommodations in the administration of such test. Such regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on such test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to those students with significant cognitive disabilities, receiving special education services pursuant to Code Section 20-2-152, who cannot access the state adopted content standards without appropriate accommodations to those standards and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. Such alternate assessments shall be aligned with alternate academic achievement standards that have been adopted through a documented and validated standards-setting process, for students with the most significant cognitive disabilities, provided those standards are aligned with the state standards established pursuant to Code Section 20-2-140 and promote access to the general education curriculum, consistent with the federal Individuals with Disabilities Education Act. The State Board of Education shall ensure that any alternate assessments developed or adopted pursuant to this subsection are in compliance with applicable federal law, but do not impose requirements in excess of such federal law in a manner that unduly burdens a local school system or that does not benefit students with the most significant cognitive disabilities.

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(2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-English-proficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) For those students with an Individualized Education Program, each such student's Individualized Education Program team shall identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (g) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answers to each end-of-grade assessment and each end-of-course assessment administered under subsection (a) of this Code section after the last time such assessment is administered for a school year. (h) The State Board of Education shall make all end-of-course assessments available for administration online and shall establish rules and regulations to maximize the number of students and school systems utilizing such online assessments. (i) The Department of Education shall develop study guides for the end-of-grade assessments and end-of-course assessments administered pursuant to subsection (a) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students. (j) The State Board of Education shall adopt rules and regulations requiring the results of core subject end-of-course assessments to be included as a factor in a student's final grade in the core subject course for which the end-of-course assessment is given. (k) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or

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adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, system, and other categories determined by policies established by the Office of Student Achievement. (o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (p) Teachers in kindergarten through grade 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education. (q) The State Board of Education shall consider the passage by a student of an industry certification examination or a state licensure examination which is approved by the State Board of Education or an ACCUPLACER score approved by the State Board of Education when considering whether to grant such student a variance or a waiver of one or more end-of-course assessments or other instruments required by the State Board of Education pursuant to subsection (c) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant end-of-course assessment or assessments at least four times. (r) In order to maximize classroom instruction time, the State Board of Education shall study and adopt policies beginning with the 2017-2018 school year that will move the end-of-grade and end-of-course assessment testing windows as close to the end of the school year or semester as possible. The Department of Education shall prepare and submit a report to the House Committee on Education and the Senate Education and Youth Committee no later than December 31, 2016, regarding proposed policies and obstacles that prevent testing windows from being scheduled later in the school year or semester. Local school systems are strongly encouraged to administer any such state required assessments within the last week of the school system's midyear semester, for assessments administered at the end of a midyear semester, and within the last two weeks of the school year for the school system, for assessments administered at the end of the academic year.

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(s) All assessments adopted or developed by the State Board of Education pursuant to this Code section shall be verified for reliability and validity by a nationally recognized, research based, third-party evaluator."

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 20-2-989.7, relating to matters not subject to complaint, as follows:
"(a) The performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210, professional development plans, and job performance shall not be subject to complaint under the provisions of this part; provided, however, this shall not apply to procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210. The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5, shall not be subject to complaint under the provisions of this part."

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

Approved May 3, 2016.

__________

STATE HIGHWAY SYSTEM PORTIONS DEDICATED.

No. 531 (Senate Resolution No. 863).

A RESOLUTION

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

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

WHEREAS, veterans of the Vietnam War 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

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

PART II WHEREAS, 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, both Major General William "Bill" K. Gayler and Brigadier General John "Pete" P. Johnson 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, the son of Max and Pat Gayler of Chattoogaville, Georgia, Major General Gayler graduated from North Georgia College, entered the United States Armed Forces in the aviation branch, and currently serves as Deputy Commanding General, U.S. Army Europe, and Commander, U.S. Army NATO, in Wiesbaden, Germany; and

WHEREAS, the son of Paulie and Aurora Johnson of Chattoogaville, Georgia, Brigadier General Johnson graduated from the United States Military Academy at West Point, entered the United States Armed Forces in the infantry branch, and currently serves as Director, Training Directorate, G3/5/7 Operations and Plans, United States Department of the Army at the Pentagon; and

WHEREAS, both men served tours in Iraq, Afghanistan, and other combat areas; have commanded companies, battalions, and brigades; and have served in the position of Chief of Staff, 101st Air Assault Division; and

WHEREAS, both Major General Gayler and Brigadier General Johnson were promoted to the rank of Brigadier General at the same time, had fathers who were neighbors and close friends growing up in Chattoogaville, and come from military families; and

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WHEREAS, the Gayler and Johnson families have a combined 155 years and counting of military service to this nation; and

WHEREAS, Major General Gayler and Brigadier General Johnson embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that these remarkable and distinguished Americans be recognized appropriately by dedicating a road in their honor.

PART III WHEREAS, Mr. L. Wesley Smith was born in Whitwell, Tennessee, to J.W. and Billie Faye Moiser Smith but called Ringgold, Georgia, home for 43 years; and

WHEREAS, Mr. Smith was widely recognized 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 dedicated his career to the banking industry for more than 50 years, starting as a bank teller for Pioneer Bank in 1965 and retiring as CEO and chairman of Northwest Georgia Bank where he served on the board for as long as his health permitted; and

WHEREAS, Mr. Smith was a former chairman of the Georgia Bankers Association and also served on the American Bankers Association Board of Directors; and

WHEREAS, he understood and demonstrated the importance of serving one's community by serving as deacon at several area churches and also was a member of Gathering Church in Fort Oglethorpe; and

WHEREAS, Mr. Smith was a strong community supporter and civic leader, helping to found the Catoosa County Chamber of Commerce and through his leadership the Northwest Georgia Bank Foundation donated more than $1 million to local charities and constructed the Northwest Georgia Bank Amphitheatre; and

WHEREAS, he served as treasurer for Governor Nathan Deal's gubernatorial campaign and served on his transition team; and

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

PART IV WHEREAS, Mr. Walter Frazier, Jr., was also known by teammates, coaches, opponents, and fans by the nickname "Clyde" which was derived from the famed robber Clyde Barrow of Bonnie and Clyde due to his precision in stealing the basketball from opponents; and

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WHEREAS, the eldest of nine children, Mr. Frazier graduated from Howard High School in Atlanta, where he excelled as a quarterback of the football team and a catcher on the baseball team; and

WHEREAS, he accepted a basketball scholarship to Southern Illinois University and earned All American honors as a senior; and

WHEREAS, he was a first round draft pick for the New York Knicks in the 1987 NBA draft, and during his rookie year, Mr. Frazier and his teammate, Phil Jackson, were named to the NBA All-Rookie Team; and

WHEREAS, known for his amazing peripheral vision and quick hands, Mr. Frazier's skill and leadership helped the New York Knicks earn NBA Championship titles in 1970 and 1973; and

WHEREAS, considered one of the best players in the history of the NBA, Mr. Frazier was named to the All-NBA First Team four times, the All-NBA Second Team two times, and the All Defensive First Team seven times; and

WHEREAS, this seven-time NBA All-Star was named All-Star Most Valuable Player in 1975 and elected into the Naismith Memorial Basketball Hall of Fame in 1987; and

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

PART V 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, Private Lonnie S. Rhinehart 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 Army, valiantly and courageously defending his fellow citizens during World War II in Germany; and

WHEREAS, Private Rhinehart was in battle for 19 days and was 19 years old when he was killed on January 20, 1945; and

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WHEREAS, Private Rhinehart embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory.

PART VI 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, U.S. Navy Petty Officer 2nd Class Randall Smith 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 was injured in a terrorist attack on the Navy Operational Support Center in Chattanooga on July 16, 2015, and died from his injuries; and

WHEREAS, Petty Officer Smith was posthumously awarded the Purple Heart by the Navy for his selfless display of bravery and sacrifice; and

WHEREAS, Petty Officer Smith embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory.

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, Private First Class Charles W. Bradshaw 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 was wounded in action while serving in the Korean War on March 20, 1953, and died from his injuries; and

WHEREAS, Private First Class Bradshaw was posthumously awarded the Purple Heart by the United States Marine Corps for his selfless display of bravery and sacrifice; and

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WHEREAS, Private First Class Bradshaw embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory.

PART VIII WHEREAS, Senator Michael Polak is widely recognized by the citizens of this state for the vital role that he plays in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Senator Polak served ten years in the Georgia State Senate and Georgia House of Representatives, where he played a pivotal role serving the citizens of Georgia, was elected and re-elected five times by the citizens of DeKalb County, and retired in 2002; and

WHEREAS, Senator Polak was recognized for his legislative efforts by a broad spectrum of organizations with more than 20 Legislator of the Year and Leadership awards for his commitment to improving the lives of Georgians, especially senior citizens, veterans, children in foster care, individuals living with disabilities, and the economically disadvantaged; and

WHEREAS, known by his fellow members of the General Assembly as the father of ethics in Georgia, Senator Polak was recognized as a leader in calling for ethics and campaign finance reform, on which many of Georgia's current laws are based; and

WHEREAS, as a freshman in the Senate he was one of a few in history to receive a chairmanship position during his first term; and

WHEREAS, as chairman of the Senate Science, Technology, and Defense Committee and Sub Committee on Appropriations for Science and Technology, Senator Polak became a leader in technology policy, paving the way for secure digital transactions, as well as the creation of the Georgia Technology Authority; and

WHEREAS, one of his more significant, yet not well known, achievements includes his authorship and successful passage of legislation as a member of the House of Representatives to place Governor Zell Miller's HOPE Scholarship program into law, which stands as one of the most significant educational initiatives in the history of Georgia; and

WHEREAS, his time in the General Assembly was marked by his thoughtful deliberation and willingness to cross party lines, challenge the status quo, and persevere difficult challenges facing Georgia citizens; and

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WHEREAS, Senator Polak has continued his commitment to Georgia and sharing his passion for politics as an adjunct professor teaching political science at the Georgia Institute of Technology; and

WHEREAS, he lives in Decatur, Georgia, and has been united in love and marriage to his wife, Holly Lanford, for 22 wonderful years and been blessed with two remarkable sons, Chase and Joshua; and

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

PART IX WHEREAS, the Nacoochee Valley was the point of intersection of two major trails used by early Native Americans, where a settlement was formed called Little Chota; and

WHEREAS, the Unicoi Trail passed through the Valley across Unicoi Gap going to Hiawassee, North Carolina, East Tennessee, and then Kentucky, and the Rabun Trail began with Coosa to Tugaloo River, Sautee Creek, and Bean Creek and then entered the Valley, exiting at Dukes Creek to Dahlonega then Northeast Alabama; and

WHEREAS, the Sautee Valley, adjacent to the Nacoochee Valley, has its center point at Highway 255 and Lynch Mountain Road; and

WHEREAS, a toll road was constructed by early settlers on the Unicoi Trail through the Cherokee Nation and was called the Unicoi Turnpike; and

WHEREAS, gold was first discovered in 1828 in the Valley, then a part of Habersham County, and in 1857, White County was cut out of Habersham; gold mining companies were given permission by the Georgia Legislature in 1858 to put in hydraulic mining techniques in the Valley; and

WHEREAS, Governor Hardman acquired the Nichols-Hunnicutt Hardman Estate with a home and the Cherokee Native American Burial Mound in the Nacoochee Valley in 1903, which is still one of the most photographed sites in Georgia; and

WHEREAS, massive timber companies operated in the Valley in the early twentieth century, and in the 1920s, the Smithsonian Museum excavated the Nacoochee Mound in the Valley and found Cherokee Native American artifacts; and

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WHEREAS, in the 1970s, the City of Helen was regenerated and turned into an Alpine Village, bringing with it a huge influx of visitors to the Nacoochee Valley; and

WHEREAS, the Nacoochee Valley in White County with approximately 25,000 acres was added to the National Register of Historic Places by the United States Department of Interior in 1980; in 1986, the Sautee Valley with 10,000 acres was added to the National Register of Historic Places; and

WHEREAS, the Sautee Nacoochee Community Association was then formed as a private, nonprofit organization with a mission to protect the Valley's preservation and is housed in a schoolhouse on the former Nacoochee Institute site; and

WHEREAS, the Sautee and Nacoochee Valleys were designated in the 1980s as one of the 100 Best Small Arts Communities in the United States; and

WHEREAS, it is abundantly fitting and proper that these historic areas and important locations be recognized by dedicating three roads in their honor.

PART X WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Sheriff Dewey George Seagraves; and

WHEREAS, Sheriff Seagraves was born in Madison County in 1906 and was a cotton farmer and part-time bailiff before he was elected to serve as sheriff of Madison County in 1950; and

WHEREAS, he dedicated his life to protecting and serving the citizens of Madison County from 1950 until his retirement in 1972, with his tenure as sheriff standing as the longest in the county's history; and

WHEREAS, Sheriff Seagraves was known as a "people's sheriff," often going above and beyond the call of duty to provide assistance and a helping hand; and

WHEREAS, a fair but firm man, he was known to bring someone home who had done wrong instead of placing them in jail, giving them a stern warning and life lesson; and

WHEREAS, Sheriff Seagraves 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 an intersection is named in his memory.

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PART XI WHEREAS, a historic natural landmark, Currahee Mountain is the first mountain in the Appalachian Range and was designated the edge of the western frontier of America in 1784; and

WHEREAS, "Currahee" is a Cherokee Indian word meaning "stands alone"; and

WHEREAS, Currahee Mountain was the site chosen as the home of Camp Toccoa, the World War II training camp for paratroopers; and

WHEREAS, beginning in 1942, Camp Toccoa was the training site for more than 17,000 paratroopers from the 501st, 506th, 511th, and 517th parachute infantry divisions; and

WHEREAS, Currahee Mountain served as a backdrop for films, documentaries, and books about the 6,000 "Toccoa Men" who successfully completed paratrooper training, including Band of Brothers, Saving Private Ryan, and The Dirty Dozen; and

WHEREAS, "Currahee" was the battle cry for the 506th Parachute Infantry Regiment; and

WHEREAS, Currahee Mountain is home of the legendary "3 miles up, 3 miles down" training run; and

WHEREAS, it is abundantly fitting and proper that a parkway be dedicated to honor the rich history and tradition of this location.

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 Bobby Mathis on December 28, 2015; and

WHEREAS, a native of Talbot County, Georgia, Trooper Mathis served as a member of the Executive Detail of the Georgia State Patrol; and

WHEREAS, Trooper Mathis devoted countless hours to protecting Governor Nathan Deal and the first family, always with a warm attitude and friendly smile and demeanor; and

WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his honor.

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PART XIII WHEREAS, the seeds which were sown by the loving and humble efforts of the devoted original worshipers of Mt. Olivet Missionary Baptist Church have blossomed, establishing a rich tradition and history; and

WHEREAS, organized in Rockmart, Georgia, in 1866, Mt. Olivet Missionary Baptist Church is recognized by the Paulding County Historical Society as the oldest African American church in Paulding County; and

WHEREAS, the congregation of this church has compiled an unparalleled record of constructive, compassionate, and humanitarian service which it demonstrates daily through open minds, open hearts, and open doors; and

WHEREAS, currently led by Reverend Cord Franklin, Sr., Mt. Olivet Missionary Baptist Church has grown under the divine direction of numerous pastors over the years, allowing the Word of God to spread throughout the community; and

WHEREAS, Mt. Olivet Missionary Baptist Church has hosted town hall meetings to strengthen ties between the community and law enforcement, has held clothing drives, and has conducted quality of life seminars; and

WHEREAS, the members of Mt. Olivet Missionary Baptist Church have a sincere desire to serve the Lord and are wholeheartedly committed to spreading the gospel of Jesus Christ; and

WHEREAS, it is abundantly fitting and proper that a road be dedicated to honor the rich history and tradition of this church.

PART XIV WHEREAS, Mr. Lovett Stovall is a national social change trailblazer, influential political strategist, and entrepreneur who has become a well-known leader in Atlanta; and

WHEREAS, Mr. Stovall was born June 5, 1940, in Atlanta, Georgia, the sixth of 12 children, to the beloved Crowder and Mandie Florence Dodson Stovall; and

WHEREAS, he spent his youth in the historic Pittsburgh community and was educated in the Atlanta public school system at W.H. Crogman Elementary and Luther Judson Price High schools; and

WHEREAS, his accomplishments and dedication to communities on the south side of Atlanta and in surrounding areas span over five decades; and

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WHEREAS, Mr. Stovall began his work as a community and political dynamo where he championed economic and educational equality; he organized the restructuring of the Fulton County and Georgia Young Democrats to engage young people across Georgia in the political process, earning him the Young Man of the Year Community Service Award; and

WHEREAS, he was a special advisor to Atlanta Mayor Maynard H. Jackson for 12 years where he spearheaded engagement programs, housing opportunities, youth leadership programs, summer jobs, and the first Atlanta city-wide Christmas party which collectively serviced over 20,000 metro Atlanta residents; and

WHEREAS, he served as a founding committee member of the building of the Coca-Cola Lakewood Amphitheatre and a founding member of the Lakewood Oversight Committee, which established the Lakewood Finance Committee that funds surrounding communities of the Lakewood Amphitheatre; and

WHEREAS, this tireless community servant was instrumental in securing $1.5 million to build Carver YMCA and served on the City of Atlanta Empowerment Zone Committee, on the official planning committee for the Summerhill Reunion, and as Neighborhood Planning Unit-Y Chairperson; and he served and founded numerous community organizations and athletic programs; and

WHEREAS, he also served on the City of Atlanta Community Relations Board where he led the Atlanta Braves' Good Neighbor Program, which provided services for over 40,000 metro Atlanta residents; and

WHEREAS, Mr. Stovall served as President or member of the Parent Teacher Association for several schools over the span of a decade, demonstrating his commitment to the education of his daughters; and

WHEREAS, in 1986, he and his wife, Nancy, started L&N Sales, which later became Stovall's T-shirts, a commercial printing company that held contracts with more than 100 national and international businesses and organizations; and

WHEREAS, Mr. Stovall founded the retail operations firm, Stovall Enterprises, in 1990, which managed the logistical and retail operations of the 1996 Olympic Games and many retail operations; the firm has achieved gross sales of well over $30 million and employed over 1,000 people; he also co-founded YSS Cleaning Services which employed thousands of metro Atlanta residents for projects at the Atlanta Fulton County Stadium; and

WHEREAS, he is the co-founder, served as president for ten years, and is currently the president emeritus of the Big Red Homecoming Reunion, an annual event which reunites

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over 1,500 alumni of L.J. Price Middle School on school grounds to perform community service work; and

WHEREAS, Mr. Stovall married Nancy Cater Stovall in 1964 and has three daughters and seven grandchildren; he studied business management and was a football starter at Fort Valley State College; he is a deacon and lifelong member of Holy Temple Baptist Church, Paradise Church of God in Christ, and Abundant Life Church of God in Christ; and

WHEREAS, affectionately known as "Bro. Stovall," he is a member of the International Masons & Eastern Stars, the founder of and past Worshipful Master for King James Lodge #121 and Eldrin Bell Lodge #155, past Worshipful Master for William V. Banks Lodge #104, and a 32nd degree Shriner; and

WHEREAS, he is a family man and has a heart for the people as an avid community organizer, networker, liaison, vocal and action leader, mentor, motivator, willing supporter, uplifter, and encourager of people no matter their economic hardship or status; and

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

PART XV WHEREAS, Mr. Walter M. Mathews, Jr., 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 military, valiantly and courageously serving in the Korean War; and

WHEREAS, a graduate of Cincinnati College of Mortuary Science, Mr. Mathews established the Watson-Mathews Funeral Home and an ambulance service in Montezuma, Georgia; and

WHEREAS, he assisted members of the community during times of need and sorrow for more than 40 years and owned and operated Mathews Memorials and Vault Company; and

WHEREAS, Mr. Mathews served as county coroner, a Master of Traveler's Rest Lodge #65 F&M, and a member and president of the Montezuma Kiwanis Club, Macon County Housing Authority, American Legion Post #124, and VFW Post #6442; and

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WHEREAS, he was a 32nd Degree Scottish Rite Mason and a member of Al Sihah Shrine Center, National Funeral Directors Association, Georgia Academy of Graduate Embalmers, and Georgia Funeral Directors Association; and

WHEREAS, a man of deep and abiding faith, Mr. Mathews was a member of Montezuma United Methodist Church and the Baracca Sunday School Class; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a road in his memory.

PART XVI WHEREAS, Mr. Colquitt George "C.G." Russell was widely recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, a lifelong resident of Camden County, Georgia, Mr. Russell was educated in the Camden County School System and attended business school in Jacksonville, Florida; and

WHEREAS, he owned and operated Russell Chevrolet-Buick in Kingsland from 1932 to 1984 and served as United States Postmaster for the city from 1936 to 1943; and

WHEREAS, Mr. Russell was a member of the Kingsland Methodist Church, Kingsland Lion's Club, Kingsland Masonic Lodge, Civil Air Patrol, and Quiet Birdmen Pilot Society; 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 with the Camden County Board of Commissioners; and

WHEREAS, as Chairman of the Board of Commissioners, Mr. Russell was instrumental in the approval of five interchanges for the county during the construction of Interstate 95 and the approval for an increased height for the bridge over St. Mary's River, which was critical to allow large boat access to protected waters during hurricanes and other storms; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his memory.

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PART XVII WHEREAS, Mr. Jesse Rouse served as a guardian of this nation's freedom and liberty with the United States Armed Forces; and

WHEREAS, a leader in Lincoln County, Mr. Rouse served as president of the Twilight Improvement Association, a clearing-house for the presentation, review, and study of problems facing the citizens of Lincoln County, Georgia; and

WHEREAS, under Mr. Rouse's leadership and guidance, the Twilight Improvement Association received federal funds for emergency food and medical services for residents of Lincoln County; and

WHEREAS, Mr. Rouse organized a senior citizens program and established a transportation program for senior citizens in the county; and

WHEREAS, he was responsible for acquiring scholarship funding for six local college students and organized several voter registration drives and voter forums; and

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

PART XVIII 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, veterans of the Vietnam War 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, these brave men and women 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 Vietnam 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, these individuals embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the

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outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.

PART XIX WHEREAS, Mr. Carl Dykes was widely 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, a native of Toombs County, Georgia, Mr. Dykes graduated from Toombs County High School; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting Americans during World War II; and

WHEREAS, Mr. Dykes built the first grocery store in Hinesville in 1948 and was the co-owner of D and D supermarket on Jekyll Island; and

WHEREAS, he diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the Georgia State Senate, ably and adeptly representing the people of the 2nd District, and for 12 years as Mayor of Hinesville; and

WHEREAS, during his tenure as Mayor, the City of Hinesville enjoyed a period of stability during an explosive growth in population; and

WHEREAS, his leadership and guidance were invaluable to several local organizations, including the American Legion Post 168, Knights of Pythias, and the Lions Club of Hinesville; and

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

PART XX WHEREAS, in the mid-1940s, Mr. and Mrs. Robert Lex McLarry purchased an establishment located along a near 90-degree curve at the intersection of Old Sunbury Road and U.S. Highway 84/State Route 38 in Flemington, Georgia; and

WHEREAS, the structure, dubbed McLarry's, was a combination caf and service station well before 'self-service' became any everyday term; eventually a lube rack and car wash station were added to the building; and

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WHEREAS, for years, McLarry's was the place for local citizens to gather for a bite to eat, fill up their motor vehicle with gasoline, discuss the latest news or gossip, or exchange tall tales of fishing or hunting expeditions; and

WHEREAS, with swiveling stools at the counter, juke boxes affixed to each table, and a hot grill serving fresh hamburgers, McLarry's was the locale for everything from an after-game victory gathering of local high school football fans and players to a venue for local attorneys to meet and discuss strategies; and

WHEREAS, a humble establishment on a huge curve in the road, McLarry's proudly served patrons for 25 years before closing its doors; and

WHEREAS, though McLarry's is no longer in business, locals still refer to the curve just outside Fort Stewart as McLarry's Curve and it is abundantly fitting and proper that this road be dedicated to honor this rich history and tradition.

PART XXI WHEREAS, Mr. James Slaton "Jay" Shaw was widely 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, Mr. Shaw attended Abraham Baldwin Agriculture College before establishing The Jay Shaw Company, a real estate and insurance agency focused on providing financial support and involvement for communities in and around his hometown of Lakeland, Georgia; and

WHEREAS, he diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the House of Representatives for 17 years as a representative for House District 176 and chairman of the community health subcommittee for the House Committee on Appropriations; and

WHEREAS, Mr. Shaw served as mayor of Lakeland for ten years, a position in which his leadership and diplomacy were instrumental in advancing the city's position in the region and preserving Banks Lake as a historic landmark; and

WHEREAS, he served on the State Transportation Board from 2010 to 2015 and led the board as chairman in 2013; and

WHEREAS, during his time serving this state, Mr. Shaw focused on advancing healthcare in rural areas, improving Georgia's transportation system, and promoting balance and positive reform; and

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WHEREAS, a man of deep and abiding faith, Mr. Shaw was a trustee and board member of Unity United Methodist Church; and

WHEREAS, his legacy lives on through his wife of 45 years, Libby Shaw; his devoted sons and daughters-in-law, Jason, Sam, Katy, and Christa; and his adoring grandchildren, Jenna, Brady, Anne Harvey, and Slaton; and

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

PART XXII WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Robert Keith Futch on January 26, 1980; and

WHEREAS, Mr. Futch was born on January 31, 1959, in Nashville, Georgia, the beloved son of Lace and Britta Futch; and

WHEREAS, he grew up in Willacoochee, Georgia, where, as a small child, he loved spending time on the river, hunting, and fishing; and

WHEREAS, affectionately known by family and friends as "Mullet," Mr. Futch was a stellar athlete in high school, where he played softball and football and demonstrated great leadership as a member of Future Farmers of America; and

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

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

PART XXIII WHEREAS, Dr. Robert T. Bussey was born on January 28, 1947, in Waycross, Georgia; and

WHEREAS, a graduate of Center High School, Dr. Bussey earned a bachelor's degree from Morris Brown College, a master's degree from Valdosta State University, and a doctoral degree from Nova Southeastern University; and

WHEREAS, Dr. Bussey dedicated his career to inspiring and educating the future leaders of this state as a teacher at Ava Street School, a principal at Center Junior High School, and a teacher, assistant principal, and principal at Waycross High School; and

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WHEREAS, his leadership and guidance were instrumental in his work with the League of Professional Schools, Ware County Children and Youth Council, the Department of Educational Leadership at Valdosta State University, Partners in Education, Ware County American Heart Association, 100 Black Men of Southeast Georgia, Leadership 21, and the Ware County Chamber of Commerce; and

WHEREAS, during his prestigious 36-year career in education, Dr. Bussey was recognized with numerous honors and accolades, including the Katherine A. Foss Educator of the Year Award and Metlife/NASSP State 2003 Principal of the Year Award; and

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

PART XXIV 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, U.S. Navy Petty Officer 2nd Class Randall Smith 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 was injured in a terrorist attack on the Navy Operational Support Center in Chattanooga on July 16, 2015, and died from his injuries; and

WHEREAS, Petty Officer Smith was posthumously awarded the Purple Heart by the Navy for his selfless display of bravery and sacrifice; and

WHEREAS, Petty Officer Smith embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory.

PART XXV WHEREAS, Mr. Frank Cathey is widely 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, a native of Mountain City, Georgia, Mr. Cathey was a dedicated farmer who operated an apple orchard which had been in his family for 100 years; and

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WHEREAS, he operated the Valley Pharmacy in Dillard, Georgia, for 43 years, where he was a pillar of the community; and

WHEREAS, Mr. Cathey dedicated his time, talents, and efforts to his community and this state through his work with the Rabun County Board of Education, the board of directors for Regions Bank in Clayton, the advisory committee for the Federal Land Bank, and the North Georgia Technical School Foundation; and

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

PART XXVI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Highway 129 over Ivy Log Creek in Blairsville is dedicated as the Vietnam Veterans Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that Highway 114 from Lyerly, Georgia, to the Alabama state line is dedicated as the Generals Gayler & Johnson Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Highway 41 and Georgia Highway 151 in Catoosa County is dedicated as the L. Wesley Smith Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that US 278/Ponce de Leon Avenue from the intersection with Piedmont Avenue to the intersection with State Route 10/Freedom Parkway in Fulton County is dedicated as the Walt Frazier Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Highway 41 in Catoosa County is dedicated as the Private Lonnie S. Rhinehart Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Lakeshore Drive in Catoosa County is dedicated as the U.S. Navy Petty Officer Randall Smith Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Cove Road and Camp Road in Walker County is dedicated as the PFC Charles W. Bradshaw Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 8/State Route 10 over Lullwater Creek in DeKalb County is dedicated as the Michael Polak Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia 255 North from Georgia 17 to Covered Bridge Road, the portion of Georgia 17 from Joe Brown Pike Bridge to Helen Highway, and the portion of Helen Highway from Dukes Creek Crossing to 7300 Helen Highway in White County are dedicated as the Sautee Nacoochee Arts and Heritage District.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 29/State Route 8/General Daniels Avenue and State Route 98/Comer Road in Madison County is dedicated as the Sheriff Dewey G. Seagraves Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 17 from the intersection with Interstate 85 to the intersection with Interstate 985 in Stephens, Franklin, and Habersham counties is dedicated as the Currahee Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Highway 80/State Route 22 and Drane Matthews Road/George Smith Road in Talbot County is dedicated as the Trooper Bobby Mathis Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 101 from the intersection with State Route 120/Buchanan Highway north to the Paulding County line is dedicated as the Mt. Olivet Missionary Baptist Church Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 75 at the University Avenue exit in Fulton County is dedicated as the Lovett Stovall Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 224 from the intersection with State Route 90/Spalding Road to the intersection with East Railroad Street in Macon County is dedicated as the Walter M. Mathews, Jr., Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at the State Route 40 and Interstate 95 exit in Camden County is dedicated as the Colquitt George "C.G." Russell Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 79 over Fishing Creek in Lincoln County is dedicated as the Jesse Rouse Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 10/U.S.78 from the intersection of State Route 383 to the interchange of State Route 415 in Richmond County is dedicated as the Vietnam Veterans Memorial Parkway.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 38 Connector/General Screven Way from U.S. Highway 84/State Route 38/State Route 196 to the gates of Fort Stewart Military Base in Liberty County is dedicated as the Carl Dykes Memorial Way.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 84/State Route 38 from mile post 8.30 to mile post 8.55 in Liberty County is dedicated as McLarry's Curve.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 22/State Route 31 from the intersection of State Route 11 and State Route 31 in Lakeland to the intersection of State Route 7 and State Route 31 in Valdosta in Lowndes County is dedicated as the James Slaton "Jay" Shaw Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 135/S. Peterson Street at the Alapaha River Overflow, 3 miles south of Willacoochee, Georgia, at mile 0.27 in Atkinson County is dedicated as the Robert Keith Futch Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. 84/S.R. 38/Victory Drive in Waycross, Georgia, from the intersection with U.S. 1/U.S. 23/U.S. 82/U.S. 84/S.R. 4/S.R. 38/S.R. 52/S. Georgia Parkway to the intersection with Wadley Road and Glenmore Avenue in Ware County is dedicated as the Dr. Robert T. Bussey Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Lakeshore Drive in Catoosa County is dedicated as the U.S. Navy Petty Officer Randall Smith Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. 441/U.S. 23/S.R. 15 from the southern city limits of Mountain City northward to the boundary line between Georgia and North Carolina is dedicated as the Frank Cathey Memorial Highway.

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

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to the family of Mr. L. Wesley Smith; Private Lonnie S. Rhinehart; U.S. Navy Petty Officer 2nd Class Randall Smith; Private First Class Charles W. Bradshaw; Sheriff Dewey George Seagraves; Trooper Bobby Mathis; Mr. Walter M. Mathews, Jr.; Mr. Colquitt George "C.G." Russell; Mr. Jesse Rouse; Mr. Carl Dykes; Mr. James Slaton "Jay"

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Shaw; Mr. Robert Keith Futch; Dr. Robert T. Bussey; U.S. Navy Petty Officer 2nd Class Randall Smith; and Mr. Frank Cathey; and to Major General William "Bill" K. Gayler; Brigadier General John "Pete" P. Johnson; Mr. Walter Frazier, Jr.; Mr. Michael Polak; Mt. Olivet Missionary Baptist Church; and Mr. Lovett Stovall.

Approved May 3, 2016.

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STATE HIGHWAY SYSTEM PORTIONS DEDICATED.

No. 532 (Senate Resolution No. 892).

A RESOLUTION

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

PART I WHEREAS, Governor Sonny Perdue 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, a graduate of Warner Robins High School, Governor Perdue earned a doctorate in veterinary medicine from the University of Georgia; and

WHEREAS, he served his country with honor as a Captain in the United States Air Force and went on to become a successful and well-respected businessman and participant in civic and church affairs before beginning his political career; and

WHEREAS, Governor Perdue was elected to the Georgia Senate in 1990, attaining the office of President Pro Tempore and serving in that body until he began his first successful campaign for Governor and was elected in 2002; and

WHEREAS, Governor Perdue was sworn in as Georgia's 81st governor on January 13, 2003, the first Republican to occupy the governor's mansion since the Reconstruction era; and

WHEREAS, his two terms as governor were marked by reformation of the state budget by cutting wasteful spending and turning the state's budget deficit into a substantial surplus and leading the state as it created more than 200,000 new jobs and posted the highest graduation rate and SAT scores in state history; and

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

PART II WHEREAS, Mr. Bob Bryant was widely 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, Mr. Bryant earned a bachelor's degree from Columbia College and served as a guardian of this nation's freedom and liberty with the United States Armed Forces for more than 20 years; and

WHEREAS, he worked for the City of Savannah as a sanitation superintendent for three years and as a facility maintenance supervisor from 1991 to 2001; he also served as an operations/general manager for radio station WEAS FM and an office manager for the Allen and Perry Law Firm; and

WHEREAS, Mr. Bryant served for many years as an honorary council member and two terms as Mayor Pro Tem on the Garden City Council; and

WHEREAS, Mr. Bryant diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the House of Representatives, where he served on the House Committees on Appropriations, Economic Development and Tourism, Industry and Labor, Transportation, and Ways and Means; and

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

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, Sergeant First Class Victor A. Anderson 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 Army and Army National Guard for 22 years and was killed in action while serving in Iraq; and

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WHEREAS, Sergeant First Class Anderson's commendations include the Bronze Star, Purple Heart, Combat Infantryman's Badge, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, Army Reserve Component Achievement Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Southwest Asia Service Medal, Iraqi Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Service Medal, Armed Forces Reserve Medal, NCO Professional Development Ribbon, Army Service Ribbon, Army Overseas Service Ribbon, United Nations Medal, NATO Medal-Former Republic of Yugoslavia, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Georgia Special Operations Ribbon, and Georgia State Active Duty Ribbon; and

WHEREAS, he served as a police officer and deputy sheriff in his hometown of Ellaville and as a deputy sheriff in Sumter County; and

WHEREAS, Sergeant First Class Anderson embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a road in his memory.

PART IV NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that Interstate 75 in Houston County from the Peach County line to the Dooly County line is dedicated as the Governor Sonny Perdue Highway.

BE IT FURTHER RESOLVED that the bridge on GA 21/GA 421/GA 25/Interstate 516 at the intersection of State Route 25 and State Route 26 Connector/Burnsed Blvd. in Chatham County is dedicated as the Bob Bryant Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 19 from Schley County mile marker 0 to Sumter County mile marker 15.7 and continuing to the northern city limits of Americus at mile marker 14 is dedicated as the SFC Victor A. Anderson Memorial Highway.

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

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to Governor Sonny Perdue, to the family of Mr. Bob Bryant and Sergeant First Class Victor A. Anderson, and to the Department of Transportation.

Approved May 3, 2016.

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STATE PROPERTY GRANT OF NONEXCLUSIVE EASEMENTS.

No. 533 (Senate Resolution No. 954).

A RESOLUTION

Authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; 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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; and

WHEREAS, the Department of Transportation; Excelsior Electric Membership Corporation; Flint Electric Membership Corporation; Georgia Power Company; Snapping Shoals Electric Membership Corporation; and Transcontinental Gas Pipe Line Company, LLC desire to operate and maintain facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and

WHEREAS, these nonexclusive easements, facilities, utilities, roads, 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 Defense, Department of Natural Resources, Technical College System of Georgia, and State Properties Commission.

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

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1209th District, G.M., City of Statesboro, Bulloch County, Georgia, commonly known as Ogeechee Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated August 6, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground distribution lines and associated equipment to serve the new natural resources building (TCSG-269) at Ogeechee Technical College. The easement area is located in Bulloch County, and is more particularly described as follows:
That approximately 1.7 acres, lying and being in the 1209th District, G.M., City of Statesboro, Bulloch County, Georgia, and that portion only as shown on a drawing furnished by the Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 3. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground distribution lines and associated equipment.

SECTION 4. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said distribution lines and associated equipment.

SECTION 5. That, after Georgia Power Company has put into use the distribution lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall

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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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that 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 without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 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 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, 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 interests of the State of Georgia.

SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Bulloch County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 12. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 6th District, G.M., City of Savannah, Chatham County, Georgia, commonly known as Wormsloe Historic Site, and that the property is in the custody of the Department of Natural Resources, which by official action dated January 29, 2016, did not object to the granting of an easement and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground distribution lines and associated equipment, together with the right of ingress and egress over the above-described property

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owned by the State of Georgia to serve structures of the University of Georgia. The easement area is located in Chatham County, and is more particularly described as follows:
That approximately 3.256 acres, lying and being in the 6th District, G.M., City of Savannah, Chatham County, Georgia, and that portion only as shown on a drawing furnished by the Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 16. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground distribution lines, and associated equipment.

SECTION 17. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said distribution lines and associated equipment.

SECTION 18. That, after Georgia Power Company has put into use the distribution lines and associated 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, 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 distribution lines and any associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 19. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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

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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 without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 interests of the State of Georgia.

SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall promptly be forwarded to the State Properties Commission.

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SECTION 25. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE III SECTION 27.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1285th District, G.M., City of Grovetown, Columbia County, Georgia, commonly known as Augusta Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated April 2, 2015, did not object to the granting of an easement and that, in all matters relating to the easement, 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 to construct, install, operate, and maintain underground distribution lines and associated equipment, together with the right of ingress and egress over the above-described property owned by the State of Georgia to serve an outdoor electronic sign at Augusta Technical College. The easement area is located in Columbia County and is more particularly described as follows:
That approximately .1 acre, lying and being in the 1285th District, G.M., City of Grovetown, Columbia County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 29. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground distribution lines and associated equipment.

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 proper

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construction, installation, operation, and maintenance of said distribution lines and associated equipment.

SECTION 31. That, after Georgia Power Company has put into use the distribution lines and associated 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, 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 distribution lines and any associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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 without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 to be in the

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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.

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 Columbia County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 38. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 252, 15th Land District, City of Decatur, DeKalb County, Georgia, commonly known as Georgia National Guard Decatur Armory (Decatur Armory), and that the property is in the custody of the Department of Defense, which by official action dated September 10, 2012, did not object to the granting of this easement and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 41. 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 to construct, install, operate, and maintain underground transmission lines and associated equipment to serve new facilities of the Decatur Armory. The easement area is located in DeKalb County, and is more particularly described as follows:
That approximately .04 acres, lying and being in the Land Lot 252, 15th Land District, City of Decatur, DeKalb County, Georgia, and that portion only as shown on a drawing furnished by the Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 42. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground transmission lines and associated equipment.

SECTION 43. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said transmission lines and associated equipment.

SECTION 44. That, after Georgia Power Company has put into use the transmission lines and associated 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, 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 transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 45. 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 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 Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 47. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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, 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 interests of the State of Georgia.

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SECTION 50. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 51. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 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 the 1560th District, G.M., City of Twin City, Emanuel County, Georgia, commonly known as George L. Smith State Park, and that the property is in the custody of the Department of Natural Resources, which by official action dated September 23, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Excelsior Electric Membership Corporation (Excelsior), or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain transmission lines and associated equipment to serve new group shelters at George L. Smith State Park. The easement area is located in Emanuel County, and is more particularly described as follows:
That approximately .16 acres, lying and being in the 1560th District, G.M., City of Twin City, Emanuel County, Georgia, and that portion only as shown on a drawing furnished by Excelsior, 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 constructing, installing, operating, and maintaining transmission lines and associated equipment.

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SECTION 56. That Excelsior 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, installation, operation, and maintenance of said transmission lines and associated equipment.

SECTION 57. That, after Excelsior has put into use the transmission lines and associated 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, Excelsior, 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 transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 58. That no title shall be conveyed to Excelsior and, except as herein specifically granted to Excelsior, 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 Excelsior.

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 Excelsior shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Excelsior provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 60. That the easement granted to Excelsior shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the

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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.

SECTION 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Emanuel County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 64. That the authorization in this resolution to grant the above-described easement to Excelsior shall expire three years after the date that this resolution becomes effective.

SECTION 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VI SECTION 66.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 148 and 149, 15th Land District, Gordon County, Georgia, commonly known as the Western and Atlantic Railroad, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Department of Transportation, or its successors and assigns, a nonexclusive easement area for road widening project PI 662510 on the South Calhoun Bypass from SR53 at CR13 East to SR53 at CR64, which will bridge over existing railroad right of way. The easement area is located in Gordon County and is more particularly described as follows:
That approximately 0.12 acre, lying and being in Land Lots 148 and 149, 15th District, Gordon County, Georgia (Parcel 168-A), and that portion only as shown on a drawing furnished by the 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 68. That the above-described premises shall be used solely for the purpose of a road widening project and the construction and maintenance of a bridge in the easement area.

SECTION 69. That the Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction of the bridge and road widening project.

SECTION 70. That, after the Department of Transportation has put into use the easement area, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the easement area shall become the property of the State of Georgia, or its successors and assigns.

SECTION 71. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Department of Transportation.

SECTION 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

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relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, the Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 73. That the easement granted to the Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 interests of the State of Georgia.

SECTION 76. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall promptly be forwarded to the State Properties Commission.

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SECTION 77. That the authorization in this resolution to grant the above-described easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.

SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VII SECTION 79.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 136, 7th Land District, City of McDonough, Henry County, Georgia, commonly known as Southern Crescent Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated May 3, 2012, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Snapping Shoals Electric Membership Corporation (SSEMC), or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of distribution lines and associated equipment to serve the new Henry County campus of Southern Crescent Technical College (TCSG-248). The easement area is located in Henry County and is more particularly described as follows:
That approximately 1.51 acres, lying and being in Land Lot 136, 7th Land District, Henry County, Georgia, and that portion only as shown on a drawing furnished by SSEMC, 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, operating, and maintaining underground distribution lines and associated equipment.

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SECTION 82. That SSEMC 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, installation, operation, and maintenance of said distribution lines and associated equipment.

SECTION 83. That, after SSEMC has put into use the distribution lines and associated 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, SSEMC, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 84. That no title shall be conveyed to SSEMC and, except as herein specifically granted to SSEMC, 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 SSEMC.

SECTION 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and SSEMC shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, SSEMC provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 SSEMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the

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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, 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 interests of the State of Georgia.

SECTION 89. That this grant of easement shall be recorded by the grantee in the Superior Court of Henry County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 90. That the authorization in this resolution to grant the above-described easement to SSEMC shall expire three years after the date that this resolution becomes effective.

SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VIII SECTION 92.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 96, 11th Land District, Marion County, Georgia, commonly known as the Chattahoochee Fall Line Wildlife Management Area, and that the property is in the custody of the Department of Natural Resources, which by official action does not object to the granting of this easement and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint Electric Membership Corporation (Flint Energies), or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of underground distribution lines and associated equipment to serve a new building at the Chattahoochee Fall Line Wildlife Management Area. The easement area is located in Marion County and is more particularly described as follows:
That approximately .03 acres, lying and being in Land Lot 96, 11th Land District, Marion County, Georgia, and that portion only as shown on a drawing furnished by Flint Energies, 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 94. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground distribution lines and associated equipment.

SECTION 95. That Flint Energies 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, installation, operation, and maintenance of said distribution lines and associated equipment.

SECTION 96. That, after Flint Energies has put into use the distribution lines and associated 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, Flint Energies, 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 distribution lines and associated equipment shall become the property of the State of Georgia.

SECTION 97. That no title shall be conveyed to Flint Energies and, except as herein specifically granted to Flint Energies, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Flint Energies.

SECTION 98. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or

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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 Flint Energies shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Flint Energies provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 Flint Energies shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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, 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 interests of the State of Georgia.

SECTION 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Marion County and a recorded copy shall promptly be forwarded to the State Properties Commission.

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SECTION 103. That the authorization in this resolution to grant the above-described easement to Flint Energies shall expire three years after the date that this resolution becomes effective.

SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IX SECTION 105.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 81, 27th Land District, Sumter County, Georgia, commonly known as South Georgia Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated June 4, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction of a storm water drainage system and road improvement project. The easement area is located at the South Georgia Technical College and is more particularly described as follows:
That approximately 0.25 acre, lying and being in Land Lot 81, 27th Land District, Sumter County, Georgia, and that portion only as shown on a drawing furnished by the Department of Transportation (PI 0011438), 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 construction of a storm water drainage system and road improvement project.

SECTION 108. That the Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction of the drainage system and road improvement project.

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SECTION 109. That, after the Department of Transportation has put into use the drainage system 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 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 drainage system and road shall become the property of the State of Georgia, or its successors and assigns.

SECTION 110. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Department of Transportation.

SECTION 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 Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, the Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 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 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 the consideration for such easement shall be $7,000.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 115. That this grant of easement shall be recorded by the grantee in the Superior Court of Sumter County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 116. That the authorization in this resolution to grant the above-described easement to the Department of Transportation 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 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 the Land Lot 105, City of Waycross, Ware County, Georgia, commonly known as the Laura S. Walker State Park, and that the property is in the custody of the Department of Natural Resources, which by official action dated April 22, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of underground distribution lines and

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associated equipment to serve six new cabins at Laura S. Walker State Park. The easement area is located in Ware County, and is more particularly described as follows:
That approximately 0.3 acre, lying and being in Land Lot 105, City of Waycross, Ware County, Georgia, as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 120. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground distribution lines and associated equipment.

SECTION 121. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said distribution lines and associated equipment.

SECTION 122. That, after Georgia Power Company has put into use the distribution lines and associated 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, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 123. 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 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

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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 without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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, 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 interests of the State of Georgia.

SECTION 128. That this grant of easement shall be recorded by the grantee in the Superior Court of Ware County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 129. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

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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 Bartow, Carroll, Coweta, Gordon, Murray, Paulding, and Whitfield Counties, and that the property is in the custody of the Department of Natural Resources, which by official action dated December 1, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Transcontinental Gas Pipe Line Company, LLC (Transco), or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of a natural gas pipeline and associated equipment under and over land and navigable waters of the state. The easement area is located in Bartow, Carroll, Coweta, Gordon, Murray, Paulding, and Whitfield Counties and is more particularly described as follows:
That approximately 0.69 acres, lying and being in Land Lots 193, 960, and 961, 17th, 3rd, and 4th Districts, 3rd Section, Bartow County; 0.33 acres lying and being in Land Lots 73 and 214, 3rd and 4th Districts, Carroll and Coweta Counties; 0.22 acres, lying and being in Land Lot 144, 7th District, 3rd Section, Gordon County; 0.26 acres, lying and being in Land Lot 102, 8th District, 3rd Section, Murray County; 1.1 acres, lying and being in Land Lots 20 and 21, 13th District, 3rd Section, Murray and Whitfield Counties; and 10.47 acres, lying and being in Land Lots 1, 2, 3, 1010, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1222, 1223, 1224, 1225, 1226, 1227, 1294, 1295, 1296, 1115, 1116, 1117, 1118, 1119, 1120, 1184, 1185, 1186, 1188, 1189, 1190, 1191, 1192, 1193, 1257, 1258, 1259, 1260, 1261, and 1262, 2nd, 3rd, 18th, and 19th Districts, 3rd Section, Paulding County as shown on a Transco survey 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 constructing, installing, operating, and maintaining a natural gas pipeline and associated equipment.

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SECTION 134. That Transco 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, installation, operation, and maintenance of said pipeline and associated equipment.

SECTION 135. That, after Transco has put into use the pipeline and associated 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, Transco, 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 pipelines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 136. That no title shall be conveyed to Transco and, except as herein specifically granted to Transco, 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 Transco.

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 Transco shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Transco provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 138. That the easement granted to Transco shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 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 for fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 141. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bartow, Carroll, Coweta, Gordon, Murray, Paulding, and Whitfield Counties and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 142. That the authorization in this resolution to grant the above-described easement to Transco shall expire three years after the date that this resolution becomes effective.

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 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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SECTION 145. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 3, 2016.

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STATE PROPERTY CONVEYANCES AND LEASES.

No. 534 (Senate Resolution No. 955).

A RESOLUTION

Authorizing the conveyance and lease of various state owned real properties; authorizing the ground lease of certain state owned real property located in Bacon County; authorizing the ground lease of certain state owned real property located in Barrow County; authorizing the exchange by conveyance of certain state owned real property located in Camden County; authorizing the conveyance of certain state owned real property located in Evans County; authorizing the exchange of certain leased property located in Fulton County; authorizing the conveyance of certain state owned real property located in Greene County; authorizing the conveyance of certain state owned real property located in Gwinnett County; authorizing the exchange by conveyance of certain state owned real property located in Gwinnett County; authorizing the ground lease of certain state owned real property located in McIntosh County; authorizing the conveyance of certain state owned real property located in Paulding County; authorizing the conveyance of certain state owned real property located in Spalding County; authorizing the ground lease of certain state owned real property located in White 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 improved real property located in Bacon County, Georgia; and (2) Said real property is all that parcel or tract being approximately 0.26 of an acre lying and being at 426 and 428 West 12th Street, in part of City Block 81 in Alma, Bacon County, Georgia acquired by virtue of a General Warranty Deed between the Downtown Development Authority of Alma, Georgia, as Grantor, and the State of Georgia, as grantee, dated December 19, 2001 for consideration of One Hundred and Eighty Two Thousand Dollars and No/100 ($182,000.00), as recorded in Deed Book 311, Pages 265-267, and on a plat recorded in Plat Book A, Page 10-G in the Office of the Clerk of Superior Court of Bacon County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 09566, and said property may be more particularly described 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) Said improved property is in the custody of the Technical College System of Georgia and was acquired for Okefenokee Technical College in Alma, Bacon County; and (4) Bacon County is desirous of leasing the property for three years at $1.00 per year with one option to renew for an additional three years for $1.00 per year; and (5) The Technical College System of Georgia has no objection to the leasing of the above-described improved property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Barrow County; and (2) Said real property is all of those parcels or tracts of consisting of approximately 1,801 acres described as Fort Yargo State Park located in Barrow County, Georgia; and (3) An approximately 65 acre portion of Fort Yargo State Park is the subject of a 1970 ground lease, as amended, with Barrow County for the operation of, at the County's expense, recreational facilities for a term of 50 years, and said property 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) Barrow County is desirous of terminating the 1970 ground lease and entering into a new 25 year ground lease for approximately 102 acres of Fort Yargo State Park for the County's operation and maintenance of recreation facilities on the above-described property, and the above-described property 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 (5) Consideration for the ground lease would be the payment of $10.00 per year and the retention of any proceeds of any timber sale on the above-described property by the Department of Natural Resources; and (6) The Department of Natural Resources has no objection to and supports 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 Camden County, Georgia; and (2) Said real property is all of that parcel or tract being approximately 27.72 acres lying and being in the 31st Georgia Militia District, Camden County, Georgia, said real property acquired by virtue of a General Warranty Deed (of Gift) from the Camden County Joint Development Authority dated February 22, 2013 for consideration of one dollar ($1.00), as recorded in Deed Book 1655, Pages 674-677 and Plat Drawer 26, Map 3 in the Office of the Clerk of Superior Court of Camden County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real

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Property Record (RPR) # 11211, and said property 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 real property is under the custody of the Technical College System of Georgia as a future campus of Coastal Pines Technical College (formerly Altamaha Technical College); and (4) The Technical College System of Georgia declared the approximately 27.72 acres of property surplus to the needs of the State and requested authorization to convey the property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Evans County, Georgia; and (2) Said real property is all that parcel or tract being approximately 6.88 acres lying and being in the 1736th Georgia Militia District, acquired by virtue of a General Warranty Deed from the Evans County Industrial Development Authority (now known as the Economic Development Authority of Claxton-Evans County), as Grantor, and the State of Georgia, as Grantee, dated May 20, 2003 for consideration of one dollar ($1.00), as recorded in Deed Book 222, Pages 544-546 and Plat Drawer 6, Page 347, in the Office of the Clerk of Superior Court of Evans County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) #09853, and said property 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 real property is under the custody of the Technical College System of Georgia; and (4) On December 8, 2015 the Economic Development Authority of Claxton-Evans County passed a resolution to seek acquisition of the property from the State; and (5) The Technical College System of Georgia declared the above-described real property surplus to the needs of the State and requested authorization to convey the property to the Economic Development Authority of Claxton-Evans County for future industrial development; and

WHEREAS: (1) The State of Georgia is the owner of certain leasehold interest in improved real property located in Fulton County, Georgia; and (2) Said leasehold interest is comprised of three tracts of improved real property located at Fulton County Airport-Brown Field (aka "Charlie Brown Airport") with an address of 4005 Fulton Industrial Boulevard totaling approximately 10.86103 acres and being described as Tract 1 consisting of approximately 8.59655 acres known as "Lots 5 and 6" lying and being in Land Lots 16 and 17 of the 14th-FF District, Tract 2 consisting of

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approximately 0.75327 of an acre lying and being in Land Lot 16 of the 14th-FF Land District and Tract 3 consisting of approximately 1.51121 acres lying and being in Land Lot 16 of the 14th-FF District, said Tracts 1, 2 and 3 are described on that survey for Bellsouth Telecommunications, Inc. dated November 22, 1993, revised December 21, 1993, prepared by Watts & Browning Engineers, Inc., (G.M. Gillespie, Georgia Registered Land Surveyor 2121), and said improved real property 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 leasehold interest in the improved real property was acquired by an agreement dated November 30, 2007 between the Department of Transportation and Bellsouth Corporate Aviation and Travel Services, LLC; and (4) By virtue of an assignment dated July 1, 2012, the leasehold interest in said real property is under the custody of the Georgia Department of Public Safety; and (5) The Department of Public Safety has declared said leasehold interest in said real property surplus to the needs of the State and desires to exchange said leasehold interest for another leasehold interest at Charlie Brown Airport; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Greene County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 1.13 acres lying and being in 141st G.M.D., Greene County, Georgia acquired by virtue of Warranty Deed between Mr. S.C. Martin and Louise E. Martin, as Grantor, and the State of Georgia as grantee, dated May 7, 1965 for consideration of One Dollar and No/100 ($1.00) as recorded in Deed Book 50, Page 322 and an accompanying survey as recorded in Plat Book 4, Page 103 in the Office of the Clerk of Superior Court of Greene County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 03269, and said property 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 improved property is under the custody of the Georgia Forestry Commission and was operated as the Commission's Green County Unit until that office was relocated; and (4) By resolution dated July 16, 2015, the Georgia Forestry Commission declared the approximately 1.13 acres of improved real property surplus to its current and future needs, and resolved to surplus the above-described property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Gwinnett County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 9.99 acres and approximately 0.634 of an acre of right of way for access on Hi-Hope Lane lying and

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being in Land Lot 13 of the 7th Land District, Gwinnett County, Georgia acquired by virtue of Warranty Deed between Gwinnett County, as Grantor, and the State of Georgia as grantee, dated July 27, 1978 for consideration of Ten Dollars and No/100 ($10.00) as recorded in Deed Book 1531, Page 350, and Plat Book 8, Page 215 in the Office of the Clerk of Superior Court of Gwinnett County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 06509, and said property 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 improved real property is under the custody of the Georgia Department of Juvenile Justice and was formerly operated as a Regional Youth Detention Center; and (4) By resolution dated May 28, 2015, the Georgia Department of Juvenile Justice declared the approximately 9.99 acres of improved real property and the approximately 0.634 of an acre right of way for access surplus to its current and future needs, and resolved to surplus the above-described property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gwinnett County, Georgia; and (2) Said real property is all that parcel or tract being approximately 51 acres lying and being in Land Lots 341-342 and 344-345 in the 7th Land District, Gwinnett County, Georgia, said real property acquired by Limited Warranty Deed from The Trust for Public Land dated November 28, 2001 for consideration of $1.5 million as recorded in Deed Book 25786, starting at Page 35 in the Office of the Clerk of Superior Court of Gwinnett County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 09794; and (3) Said real property is under the custody of the Georgia Department of Natural Resources as a Gwinnett portion of the Chattahoochee River Greenway Park; and (4) The Department has never used an approximately 3.696 acre portion of the above-described property in Land Lot 341, and said property 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 (5) An adjacent fee simple property of approximately 67.847 acres is owned by Melissa Bowen, Allison Bowen Cape, and Elizabeth Bowen Phelps ("the Bowen property"), being in the 341st and 342nd Land Lots of the 7th District, Gwinnett County, Georgia, and recorded as Lot 4 in Deed Book 48631, Pages 892-893, and in Plat Book 175, Plat Page I-70; and (6) A 3.696 acre portion of the Bowen property is available for an exchange of like or better value to the State and is closer to the Chattahoochee River, and said property 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

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(7) The Department of Natural Resources has declared the State's approximately 3.696 acres of real property to be surplus to the needs of the State and requested the authorization to convey the approximately 3.696 acres of real property to Melissa Bowen, Allison Bowen Cape, and Elizabeth Bowen Phelps in exchange for the acquisition of the approximately 3.696 acres of the Bowen property by the State of Georgia; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in McIntosh County, Georgia; and (2) Said improved real property is a portion of that tract being approximately 1,888 acres lying and being in the 1312th Georgia Militia District, McIntosh County, Georgia, acquired by virtue of that Limited Warranty Deed dated December 21, 1976 and recorded in Deed Book 78, Pages 380-388, and described as Tract 2-I and identified on a plat recorded in Plat Book 3, Page 33 in the Office of the Clerk of Superior Court of McIntosh County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 06307; and (3) Said improved property is in the custody of the Department of Natural Resources and is located at Sapelo Island in McIntosh County, Georgia; and (4) The State of Georgia has leased approximately 231 square feet of the improved real property to the United States Post Office since 1981 as a center for mail delivery service to residents of the island, and said leased property 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 (5) The United States Post Office is desirous of leasing the approximately 231 square foot improved real property for an initial term of five years for a rental rate of $10.00 per year and reimbursement to the Department of Natural Resources of an amount of $1,600.00 per year for expenses related to the Department's upkeep and maintenance of the leased property, with the option to renew for an additional five years for a rental rate of $10.00 per year and reimbursement to the Department of Natural Resources of an amount of $1,756.00 per year for expenses related to the Department's upkeep and maintenance of the leased property; and (6) By resolution dated October 28, 2015, the Board of Natural Resources has no objection to the leasing of the above-described improved property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Paulding County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 2.12 acres at 112 Industrial Way North, Dallas, Georgia 30132, lying and being in Land Lot 54, 2nd District, 3rd Section of Paulding County, Georgia acquired by virtue of a Fee Simple Deed without Warranty between Paulding County, Georgia, as Grantor, and the State of

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Georgia, as grantee, dated July 10, 1990 for consideration of the construction of a new Georgia Forestry Commission office and recorded in Deed Book 202, Page 177-180 and an accompanying survey as recorded in Plat Book 20, Page 79 in the Office of the Clerk of Superior Court of Paulding County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 08023, and said property 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 improved property is under the custody of the Georgia Forestry Commission; and (4) By resolution dated August 8, 2013, the Georgia Forestry Commission declared the approximately 2.12 acres of improved real property surplus to its current and future needs, and resolved to surplus the above-described property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Spalding County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 6.21 acres at 1498 D.F. Fuller Drive, Griffin, Georgia, lying and being in Land Lot 110, 2nd District of Spalding County (originally in Monroe County), Georgia, acquired by virtue of a Fee Simple Deed between Spalding County, Georgia, as Grantor, and the State of Georgia, as grantee, dated November 2, 1982, and recorded in Deed Book 679, Pages 102-105 and an accompanying survey as recorded in Plat Book 14, Page 386 in the Office of the Clerk of Superior Court of Spalding County, Georgia and being on file in the offices of the State Properties Commission, inventoried as Real Property Record (RPR) # 07119, and said property 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 improved real property is under the custody of the Georgia Department of Corrections and is known as the Griffin Probation Office/Day Reporting Center; and (4) By resolution dated December 3, 2015, the Georgia Department of Corrections declared the approximately 6.21 acres of improved real property surplus to its current and future needs, and resolved to surplus the above-described property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in White County, Georgia; and (2) Said improved real property is all that tract being approximately 3,025 square feet of real property in Land Lot 60 of the 3rd District together with appurtenant easements consisting of a 50 foot wide ingress-egress easement in Land Lot 60, a 20 foot wide easement in Land Lots 37, 38, and 60, and a 384 foot radius guywire easement, and said

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property 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 improved real property was acquired by the State subject to a 1992 ground lease of that tract to Bell South Mobility, Inc. for a term of up to 25 years; and (4) As successor to Bell South Mobility, Inc., New Cingular Wireless PCS, LLC, a Delaware limited liability company, by its Manager AT&T Mobility Corporation, a Delaware corporation, is desirous of ground leasing the tract for fair market value and of obtaining the ability to grant subleases for fair market value and such other consideration as determined by the State Properties Commission, for a term commencing May 19, 2017 through December 31, 2027; and (5) Said improved real property is in the custody of the Department of Natural Resources, managed by the North Georgia Mountains Authority, and is a portion of Smithgall Woods State Park, White County, Georgia; and (6) By letter dated January 29, 2016, from the Commissioner of the Department of Natural Resources, the Board of Natural Resources has no objection to the leasing of the above-described premises.

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 located in Bacon County and that in all matters relating to the leasing of the improved real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease the above-described real property to the Bacon County Board of Commissioners for a term of three years with one three-year renewal option, and annual rent of $1.00 per year, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

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SECTION 4. That the ground lease shall be recorded by the lessee in the Superior Court of Bacon County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 5. That the authorization to lease the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 6. That custody of the above-described real property shall remain in the Technical College System of Georgia.

ARTICLE II SECTION 7.

That the State of Georgia is the owner of the above-described real property located in Barrow 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 8. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease the above-described property to Barrow County for a term of 25 years and six months commencing on or about July 1, 2016, for the construction, operation, and maintenance of recreational facilities for a consideration of $10.00 per year and the retention of any proceeds from timber sale on the above-described property by the Department of Natural Resources, 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 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease, including the execution of all necessary documents.

SECTION 10. That the ground lease shall be recorded by the lessee in the Superior Court of Barrow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 11. That the authorization to ground lease the above-described property shall expire three years after the date this resolution becomes effective.

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SECTION 12. That custody of the above-described property shall remain in the custody of the Georgia Department of Natural Resources.

ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described real property in Camden County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or State entity for fair market value; 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 15. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Camden County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 18. That custody of the above-described real property shall remain in the Technical College System of Georgia until the property is conveyed.

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ARTICLE IV SECTION 19.

That the State of Georgia is the owner of the above-described real property in Evans 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 20. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or State entity for fair market value; 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 21. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 23. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Evans County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 24. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed.

ARTICLE V SECTION 25.

That the State of Georgia is the owner of the above-described leasehold interest in the above-described improved real property in Fulton County and that in all matters relating to the conveyance or exchange of the above-described leasehold interest in the above-described improved real property, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 26. That the above-described leasehold interest in the above-described improved real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, as a conveyance for fair market value or for the consideration of an exchange to the State of Georgia of a like or better leasehold interest at the same airport, and such further consideration, terms, and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 27. That the authorization in this resolution to convey the above-described leasehold interest in the above-described improved real property by conveyance or by exchange shall expire three years after the date this resolution becomes effective.

SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance or exchange.

SECTION 29. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 30. That custody of the above-described real property shall remain in the Department of Public Safety until the property is conveyed.

ARTICLE VI SECTION 31.

That the State of Georgia is the owner of the above-described real property in Greene County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 32. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or State entity for fair market value; 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.

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SECTION 33. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 34. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 35. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Greene County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 36. That custody of the above-described real property shall remain in the Georgia Forestry Commission until the property is conveyed.

ARTICLE VII SECTION 37.

That the State of Georgia is the owner of the above-described real property in Gwinnett 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 38. That the above-described real property and right of way for access may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or State entity for fair market value; 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 39. That the authorization in this resolution to convey the above-described real property and right of way for access shall expire three years after the date this resolution becomes effective.

SECTION 40. 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 41. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gwinnett County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 42. That custody of the above-described real property and right of way for access shall remain in the Georgia Department of Juvenile Justice until the property and right of way are conveyed.

ARTICLE VIII SECTION 43.

That the State of Georgia is the owner of the above-described real property in Gwinnett 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 44. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for a consideration of conveyance to the State of Georgia of a like or better property and other provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 45. That the authorization in this resolution to convey the above-described real property by exchange shall expire three years after the date this resolution becomes effective.

SECTION 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and exchange.

SECTION 47. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gwinnett County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 48. That custody of the above-described real property shall remain in the Department of Natural Resources until the property is conveyed.

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ARTICLE IX SECTION 49.

That the State of Georgia is the owner of the above-described real property in McIntosh County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease approximately 231 square feet of the above-described real property to the United States of America for use as a mail delivery center for residents of Sapelo Island for a term of five years commencing on July 1, 2017 and the payment of rent of $10.00 per year and reimbursement to the Department of Natural Resources of $1,600.00 per year for expenses with one, five-year option to renew said ground lease for the payment of rent of $10.00 per year and reimbursement to the Department of Natural Resources of $1,756.00 per year for expenses, 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 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease, including the execution of all necessary documents.

SECTION 52. That the ground lease of the above-described real property shall be recorded by the lessee in the Superior Court of McIntosh County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 53. That the authorization to ground lease the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 54. That custody of the above-described real property shall remain in the Georgia Department of Natural Resources.

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ARTICLE X SECTION 55.

That the State of Georgia is the owner of the above-described real property in Paulding 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 56. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or State entity for fair market value; 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 57. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 58. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 59. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 60. That custody of the above-described real property shall remain in the Georgia Forestry Commission until the property is conveyed.

ARTICLE XI SECTION 61.

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.

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SECTION 62. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or State entity for fair market value; 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 63. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 65. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Spalding County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 66. That custody of the above-described real property shall remain in the custody of the Georgia Department of Corrections until the property is conveyed.

ARTICLE XII SECTION 67.

The State of Georgia is the owner of the above-described real property in White County and that in all matters relating to the ground lease of said real property and grant of any appurtenant easements of the above-described real property during the term of any such ground lease, the State of Georgia is acting by and through its State Properties Commission.

SECTION 68. That the above-described real property may be ground leased to New Cingular Wireless PCS, LLC, a Delaware limited liability company, through its Manager AT&T Mobility Corporation, a Delaware corporation, for fair market value 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.

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SECTION 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease.

SECTION 70. That the ground lease of the above-described real property shall be recorded by the lessee in the Superior Court of White County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 71. That the authorization in this resolution to so grant the above-described ground lease shall expire three years after the date this resolution becomes effective.

SECTION 72. That custody of the above-described real property shall remain in the Georgia Department of Natural Resources.

ARTICLE XIII SECTION 73.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 74. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 3, 2016.

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STATE HIGHWAY SYSTEM DEDICATION OF CERTAIN PORTIONS.

No. 535 (House Resolution No. 1052).

A RESOLUTION

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

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

WHEREAS, Corporal Matthew Britten Phillips played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Corporal Phillips was born on April 13, 1981, the beloved son of Michael and Freida Phillips, and attended West Hall High School in Gainesville, Georgia; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously protecting his fellow Americans with the 173rd Airborne Brigade; and

WHEREAS, Corporal Phillips made the ultimate sacrifice during the Battle of Wannat when his unit was ambushed by the Taliban; and

WHEREAS, Corporal Phillips embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory.

PART II WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Sergeant David Paul "Bubba" Land on March 26, 2003; and

WHEREAS, Sergeant Land began his career in law enforcement in 1990 as an Atlanta police officer and later went on to join the Stone Mountain Police Department where he worked until 1997 when he was hired by the Forsyth County Sheriff's Office; and

WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he received in a motorcycle crash en route to a call for service, just two days after he was promoted to the rank of sergeant; and

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

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PART III WHEREAS, Ambassador David Adelman is widely recognized by the citizens of this state for the vital role that he plays in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Ambassador Adelman earned a bachelor's degree from the University of Georgia, where he later served as a professor for the Honors Program, a master's degree from Georgia State University, and a law degree from Emory University; and

WHEREAS, Ambassador Adelman served as an assistant attorney general in Georgia for three years and worked as a partner at the law firm Sutherland, Asbill, and Brennan LLP; and

WHEREAS, he diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the Georgia State Senate for eight years, where he served as Minority Whip and chairman of the Senate Urban Affairs Committee; and

WHEREAS, he served as the 15th United States Ambassador to Singapore, and his tenure was characterized by an increase in the robust business relationship between the United States and Southeast Asia; and

WHEREAS, Ambassador Adelman led eight trade missions to India, Indonesia, Malaysia, Myanmar, and Vietnam, and his trade mission to Naypyidaw in 2012 was the first American business delegation to the capital of Myanmar; and

WHEREAS, he was instrumental in implementing President Barack Obama's "pivot to Asia" initiative, which is a strategic rebalancing of military and soft powered assets toward the region, and during Ambassador Adelman's tenure, the United States agreed to deploy naval vessels to Singapore for the first time; and

WHEREAS, Ambassador Adelman launched the United States-Singapore Strategic Partnership Dialogue and established a Third Country Training Program to address health, educational, and environmental issues in Southeast Asia; and

WHEREAS, he has been recognized with numerous honors and awards, including the United States Navy Distinguished Public Service Award, which is the highest honor given to non-Navy personnel, and the United States State Department Superior Honor Award for his diplomatic leadership; and

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

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PART IV WHEREAS, located at the intersection of State Routes 306 and 369, Hammond's Crossing has long been a hub for the local economy in north Forsyth County; and

WHEREAS, located in the middle of the 400 North Opportunity Zone, the area was home to the first general store built around 1897 which was owned and operated by William Henry Hammond; and

WHEREAS, the Hammond family continues to conduct business at this intersection, operating Hammond's Fishing Center; and

WHEREAS, this philanthropic family also gives back to the community through their establishment of the Thomas Hammond High School Fishing Club Fund, which provides scholarships to new fishing clubs; and

WHEREAS, the intersection of State Routes 306 and 369 has been a magnet for growth for north Forsyth County since the late 1880s and it is abundantly fitting and proper that this intersection be dedicated to honor this rich history and tradition.

PART V WHEREAS, the name of the area of Coal Mountain in Forsyth County dates as far back as the 1870 federal census; and

WHEREAS, located just north of Cumming, the area is home to Coal Mountain Baptist Church and Coal Mountain Elementary School, whose mascot is the Coal Mountain Miner; and

WHEREAS, over the years, Coal Mountain has been home to a general merchandise store, Wofford Hatchery, Martin's Store, Coal Mountain Building Supply, Thomas Lumber Company, and the office of Dr. William Bottoms; and

WHEREAS, the Coal Mountain crossroads of Highways 9 and 369 have been a point of trade for well over 200 years and it is abundantly fitting and proper that this intersection be dedicated to honor this rich history and tradition.

PART VI WHEREAS, on January 31, 2011, the State of Georgia lost one of its most distinguished citizens with the passing of Mr. Spencer Pass; and

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WHEREAS, Mr. Pass was a member of the Department of Transportation's Highway Emergency Response Operators program and worked diligently to minimize disruptions in Metro Atlanta traffic, provide service patrol, and assist stranded motorists; and

WHEREAS, Mr. Pass was fatally injured in the line of duty while rendering aid to a motorist on Interstate 85; and

WHEREAS, he was a dedicated husband, loving father, and devoted son whose presence and love continue to be missed by all who had the great fortune of knowing him; 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 abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART VII WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Detective Robert Shane Wilson on November 14, 2011; and

WHEREAS, he was a beloved son of J. D. Wilson and Gail Hanson; and

WHEREAS, Detective Wilson, badge number 1143, had served with the Doraville Police Department for four years; and

WHEREAS, he was responding to a SWAT call of a home invasion in Doraville when his vehicle was struck head-on by a drunk driver on I-20 in DeKalb County, succumbing to his injuries at the scene of the crash; and

WHEREAS, Detective Wilson was united in love and marriage to Katy Wilson and was blessed with a remarkable son, Liam Wilson; and

WHEREAS, a compassionate and generous man, Detective Wilson will long be remembered for his love of family and friendship, and this loyal son, husband, father, and friend will be missed by all who had the great fortune of knowing him; and

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

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PART VIII WHEREAS, Paul Dyer was born on June 28, 1912, in White County and moved with his family to Towns County in 1939, where he was a Master Mason and a valued member of the Towns County Lions Club, Order of the Eastern Star, and Towns County Board of Education; and

WHEREAS, Paul was known for his contributions to education as well as his faithfulness to his neighbors during times of illness and mourning, always extending a helping hand to those in need; and

WHEREAS, Paul served as District Supervisor for Towns County in the Blue Ridge Mountain Soil and Water Conservation District; and

WHEREAS, in 1974, Paul and his wife were chosen by the Farmers Home Administration as Farm Family of the Year in Towns and Union counties for their outstanding family contribution to agriculture and the rural community; and

WHEREAS, Paul served as president of the Hiawassee River Watershed Association and operated a 400 acre commercial trout farm along the mountain slopes and river near Cynth Creek Bridge, which was responsible for hatching approximately 600,000 trout eggs annually and 250,000 pounds of trout available for the market; and

WHEREAS, Paul and James Dyer were major contributors to Towns County and the surrounding areas of northeast Georgia; and

WHEREAS, Paul's six children continue to call Towns County home and are active and contributing members of the community; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished family be recognized appropriately by dedicating a bridge in their honor.

PART IX WHEREAS, Reverend Kenneth H. Coomer, Jr., has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and

WHEREAS, Reverend Coomer is senior pastor of Adairsville Church of God, where his leadership and spiritual guidance have been instrumental in improving and encouraging positive relations between people of diverse races and religions in the community and beyond; and

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WHEREAS, after Adairsville was struck by an EF3 tornado on January 30, 2013, which resulted in loss of life and property valued in excess of $75 million, Reverend Coomer and Adairsville Church of God coordinated with other local churches and charities to provide shelter, food, clothing, financial assistance, and spiritual and emotional care and support to victims of the tornado within hours of the disaster; and

WHEREAS, Reverend Coomer and Adairsville Church of God coordinated and directed the mobilization of thousands of individual volunteers for the recovery efforts that followed the tornado; and

WHEREAS, Reverend Coomer and Adairsville Church of God procured the charitable use of more than a dozen pieces of heavy equipment from individuals and corporations to assist in the clean-up efforts; and

WHEREAS, Reverend Coomer and Adairsville Church of God, through their hard work and dedication to the Adairsville community, have saved city, county, and state taxpayers millions of dollars in clean-up, recovery, and reconstruction costs; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Marine Corps; and

WHEREAS, it is abundantly fitting and proper that this enduring example of God's message be recognized by dedicating a road in his honor.

PART X 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, Lance Corporal Skip Wells 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 Marine Corps, valiantly and courageously protecting his fellow Americans, and was killed during a voluntary assignment at the U.S. Naval Reserve on Amnicola Highway in Chattanooga, Tennessee; and

WHEREAS, a man of deep and abiding faith, Lance Corporal Wells was an active member of First Baptist Church in Woodstock, Georgia; and

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WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, Lance Corporal Wells was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, a compassionate and generous man, Lance Corporal Wells will long be remembered for his love of family and friendship, and this loyal son, grandson, and friend will be missed by all who had the great fortune of knowing him; and

WHEREAS, Lance Corporal Wells embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a highway in his memory.

PART XI WHEREAS, Mr. James Slaton "Jay" Shaw was widely 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, Mr. Shaw attended Abraham Baldwin Agriculture College before establishing The Jay Shaw Company, a real estate and insurance agency focused on providing financial support and involvement for communities in and around his hometown of Lakeland, Georgia; and

WHEREAS, he diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the House of Representatives for 17 years as a representative for House District 176 and chairman of the community health subcommittee for the House Committee on Appropriations; and

WHEREAS, Mr. Shaw served as mayor of Lakeland for ten years, a position in which his leadership and diplomacy were instrumental in advancing the city's position in the region and preserving Banks Lake as a historic landmark; and

WHEREAS, he served on the State Transportation Board from 2010 to 2015 and led the board as chairman in 2013; and

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WHEREAS, during his time serving this state, Mr. Shaw focused on advancing healthcare in rural areas, improving Georgia's transportation system, and promoting balance and positive reform; and

WHEREAS, a man of deep and abiding faith, Mr. Shaw was a trustee and board member of Unity United Methodist Church; and

WHEREAS, his legacy lives on through his wife of 45 years, Libby Shaw; his devoted sons and daughters-in-law, Jason, Sam, Katy, and Christa; and his adoring grandchildren, Jenna, Brady, Anne Harvey, and Slaton; and

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

PART XII WHEREAS, Mr. J. Mark Burkhalter is a distinguished member of the Johns Creek community and a native son of the State of Georgia, born in Atlanta and raised in unincorporated Fulton County, now known as the City of Johns Creek; and

WHEREAS, he attended Warsaw Elementary School and later purchased the school property in order to preserve history and to give homage to his former school teacher, Mrs. Annette Medlock; and

WHEREAS, he graduated from Milton High School and earned two bachelor's degrees from the University of Georgia, where he served as president of the International Relations Club and as chair of the university's Model United Nations Delegation, leading the organization to two national titles; and

WHEREAS, following graduation, he served on the legislative staff of Congressman Newt Gingrich, representing Georgia's Sixth Congressional District at the United States Capitol, and then returned to Georgia where he began a successful career in real estate development as principal of Burkhalter Realty and Akin Properties; and

WHEREAS, he was elected to the Georgia House of Representatives in 1992 at the age of 31, where he served continuously for 18 years representing the citizens of District 41, one of the largest state House districts of its time, and then District 50, encompassing the boundaries of the City of Johns Creek; and

WHEREAS, he was the first Republican to author Georgia's budget since Reconstruction; and

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WHEREAS, he served as Administration Floor Leader, Speaker Pro Tempore, and Speaker of the House of Representatives under Governor Sonny Perdue, making him one of the few Georgians in history to rise to that high office; and

WHEREAS, during his tenure as Speaker Pro Tempore, he sponsored significant and historic legislation, including HB 1321 creating the City of Johns Creek, thereby creating a paradigm shift in how the region functions, and thus changing the face of the greater Atlanta metropolitan area in perpetuity; and

WHEREAS, upon his resignation from the Georgia General Assembly in 2010, he then joined the international law firm, Dentons, as Senior Advisor in Public Policy and Regulation practice; and

WHEREAS, he is noted for countless community activities, affiliations, and accolades that have benefited the citizens of Johns Creek and the State of Georgia to immeasurable result; and

WHEREAS, he is highly respected amongst his peers as a tireless proponent for his community and the State of Georgia and known as a brilliant strategist in politics and business; and

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

PART XIII WHEREAS, Mr. Thomas William Poole was born on December 24, 1991, in Ellaville, Georgia, the beloved son of Donnie and Deborah Poole; and

WHEREAS, a lifetime resident of Schley County, Mr. Poole grew up in his family's home on Poole Road which stands as the oldest occupied home in the county; and

WHEREAS, he worked as a heating and air technician and was a faithful member of Ellaville Baptist Church; and

WHEREAS, Mr. Poole's life was tragically cut short on June 2, 2013, when he was involved in a fatal vehicle crash; and

WHEREAS, Mr. Poole was known to be a kind and generous man by all who had the fortune of encountering him; and

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WHEREAS, throughout his life, he continuously demonstrated a deep concern and compassion for others, going above and beyond to ensure the happiness, safety, and care for both friends and strangers; and

WHEREAS, an avid outdoorsman, Mr. Poole was passionate about hunting and fishing and spent countless hours during his youth at Buck Creek near his family home; 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 abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XIV 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. Richard John Chambers, Sr., served as a guardian of this nation's freedom and liberty with the United States Air Force; and

WHEREAS, Mr. Chambers was a career educator in Banks and Jackson counties, where his work uplifted the lives of countless students; and

WHEREAS, he was an avid supporter of community sustainment and county beautification and devoted countless hours of his time, talent, and energy to organizations such as the Banks County Historical Society, Commerce Lions Club, and Habitat for Humanity; and

WHEREAS, a community leader, Mr. Chambers played a large role in maintaining the historical integrity of Banks County through the compilation and publishing of the History of Banks County; and

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

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PART XV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Dr. Delores Felder on September 18, 2014; and

WHEREAS, Dr. Felder was born on April 11, 1949, in Marshallville, Georgia, a beloved daughter of Arthur Felder II and Carrie Lou Murph Felder; and

WHEREAS, a woman of deep and abiding faith, she was an active member of Saint James Christian Methodist Episcopal Church and active in several community organizations; and

WHEREAS, she received her Bachelor of Science and master's degrees from Fort Valley State College and later received her doctoral degree from Nova Southern University in Fort Lauderdale, Florida; and

WHEREAS, Dr. Felder taught in the Macon County School System from 1971 until 1981, where she served as Assistant Administrator with the Macon County Board of Education and as principal of the new Macon County Elementary School and the D.F. Douglass Alternative Center before retiring in 2003; and

WHEREAS, her love for her city and others led her to be elected to the city council, where her long service included the position of Mayor Pro Tem; and

WHEREAS, she gave inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, and the devotion, patience, and understanding she demonstrated to her family and friends were admired by others; and

WHEREAS, she was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example she made of her life, she made this world a better place in which to live; and

WHEREAS, a compassionate and generous woman, Dr. Felder will long be remembered for her love of family and friendship, and this loyal sister, aunt, educator, and friend will be missed by all who had the great fortune of knowing her; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in her memory.

PART XVI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. William Lee Brown on September 18, 2014; and

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WHEREAS, Mr. Brown was born on May 27, 1940; and

WHEREAS, Mr. Brown was united in love and marriage to Debra Cross Brown and was blessed with five remarkable children, Howard, Kathryn Elizabeth, Kimberly Michele, Mary Margaret, and Rachel Suzanne, and 11 wonderful grandchildren, William DeWitt, Kaitlin Elizabeth, Sarah Elizabeth, Julia Caroline, William Higdon, Mary Rachel, Joseph Mason, William Peyton, Isabelle Grace, Gabrielle Rose, and Houston Randolph; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, a compassionate and generous man, Mr. Brown will long be remembered for his love of family and friendship, and this loyal gentleman and friend will be missed by all who had the great fortune of knowing him; and

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

PART XVII WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Solomon T. "Sol" Dover on February 14, 1999; and

WHEREAS, a native of Bartow County, Mr. Dover acquired his family's farm located on Georgia Highway 113 in 1939, and later gifted portions of his land to the county for additions to the highway; and

WHEREAS, Mr. Dover was united in love and marriage to Ruby Lee Pell Dover, a union which brought them nine children, all of whom were raised on the family farm and five of whom continue to maintain homes on the farm to date; and

WHEREAS, a man of deep and abiding faith, Mr. Dover served as treasurer and Sunday school superintendent for Raccoon Creek Church and was instrumental in helping the church accomplish numerous building additions; and

WHEREAS, Mr. Dover was a hard-working, passionate leader of his community, where he donated his time to serve as trustee for the Stilesboro School; and

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

PART XVIII WHEREAS, Mr. Louie Morris was known for his leadership and love of Hart County, Georgia, during the early 1900s; and

WHEREAS, an avid journalist, Mr. Morris was owner and editor of the Hartwell Sun and served as president of the Georgia Press Association and co-chairman of the Georgia Press Institute; and

WHEREAS, his guidance and civic leadership were instrumental to Hart County during his time as a member of the Hartwell City Council; and

WHEREAS, Mr. Morris served on the staff of Georgia Governors Richard Russell, Jr., and Ellis Arnall; and

WHEREAS, he began a radio station in Hartwell, WKLY, and was president of the Hartwell Railway Company; and

WHEREAS, Mr. Morris contributed unceasing efforts toward the construction of what is now known as the Hartwell Dam, a project that was unrealized at the time of his death on May 10, 1955; and

WHEREAS, on October 11, 1940, the Highway Departments of South Carolina and Georgia, in cooperation with the United States Bureau of Public Roads, erected a monument dedicating the bridge over the Savannah River in honor of his unyielding commitment; and

WHEREAS, the stone monument dedicating the Louie Morris Bridge was relocated in 1958 after the river flooded the bridge and caused damage that necessitated the building of a new bridge; and

WHEREAS, an official Georgia dedication sign does not exist at what is known as the Louie Morris Bridge, and it is abundantly fitting and proper that this body recognizes this remarkable and distinguished Georgian by erecting an official Georgia bridge dedication marker.

PART XIX WHEREAS, Robert and Ardena Beasley had unimpeachable reputations for integrity, intelligence, fairness, and kindness, and by the example they made of their lives, they made this world a better place in which to live; and

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WHEREAS, a couple with deep and abiding faith, the Beasleys were active members of Christian Fellowship Community Church; and

WHEREAS, they were united in love and marriage and blessed with eight remarkable children, Norvie L. Beasley, Sr.; Barbara J. Tinsley; Charles E. Beasley; Robert L. Beasley, Jr.; Beverly D. Rollins; Carl P. Beasley; Roberta Ann Beasley; and Representative Sharon Beasley-Teague; and

WHEREAS, the Beasleys were active community leaders, volunteering their time, talents, and energy to organizations such as SCLC in Atlanta, Christian Ministers Alliance, and the Richard James Teague Memorial Foundation for Sickle Cell Research; and

WHEREAS, they gave inspiration to many through their high ideals, morals, and deep concern for their fellow citizens, and the devotion, patience, and understanding they demonstrated to their family and friends were admired by others; and

WHEREAS, it is abundantly fitting and proper that the members of this body honor the lives of these distinguished Georgians by dedicating a bridge in their memory.

PART XX WHEREAS, Mr. William Penn "Mr. Bill" Walker, Sr., was widely recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Walker took up residence near the intersection of State Route 125 and State Route 122 at the meeting point of Lowndes, Berrien, and Lanier counties in 1954; 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 with the Atlanta Police Department for nearly 20 years; and

WHEREAS, Mrs. Ruby Herndon Walker was by Mr. Walker's side, working and supporting him in all his endeavors; and

WHEREAS, unofficially known by local peace officers as "Walker's Crossing," the intersection at their home and well-known lounge was a long-time meeting place for police officers to exchange prisoners to transport them across county lines; and

WHEREAS, Mr. Walker was known by the county sheriff departments of Lowndes, Berrien, and Lanier counties as a person who would assist them with any of their needs; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished couple be recognized appropriately by dedicating an intersection in their memory.

PART XXI 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 XXII WHEREAS, Mr. Joel Jackson Parrish was born in Lowndes County on September 11, 1834, the beloved eldest son of Robert N. and Nancy McCranie Parrish, and passed away in Cook County on October 14, 1922; and

WHEREAS, he served as a guardian of this nation's freedom and liberty as 3rd Sergeant in Company "G" of the 29th Georgia Infantry, as 2nd Lieutenant of Company "D," and as First Lieutenant of Company "K"; and

WHEREAS, Mr. Parrish was elected Clerk of the Superior Court of Berrien County, served as County Surveyor for Berrien County, and was Justice of the Peace in the 1145th District; and

WHEREAS, he was responsible for the naming of the town of Adel and also served as the town's first postmaster; and

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

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, current and former members of the United States military 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, the Purple Heart is awarded to members of the armed forces who are wounded by an instrument of war in the hands of the enemy and posthumously to the next of kin in the name of those who are killed in action or die of wounds received in action; and

WHEREAS, these brave men and women serve 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 Purple Heart recipients 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, these individuals 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 XXIV WHEREAS, Mr. Martin Luther King, Sr., the beloved son of James and Delia Linsey King, was born Michael King in 1899 in a sharecropper's cabin in Stockbridge, Georgia; and

WHEREAS, affectionately known as "Daddy King," Mr. King was the father of Nobel Peace Prize recipient Reverend Dr. Martin Luther King, Jr.; and

WHEREAS, Mr. King attended the Stockbridge Rosenwald School and was licensed as a preacher at the age of 15, preaching his first sermon at Floyd Chapel Baptist Church; and

WHEREAS, in 1934, Mr. Martin changed his name and that of his son to Martin Luther and encouraged his son to become active in the Civil Rights Movement; and

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WHEREAS, Mr. King was a major influence on his son's decision to enter the ministry and the guidance he provided to Martin Luther King, Jr., as a child and young adult had an everlasting impact on the man he became; and

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

PART XXV WHEREAS, it is abundantly fitting that Confederate General James Longstreet be recognized appropriately by dedicating a bridge in his memory.

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, Mr. Mack Fitzgerald served as a guardian of this nation's freedom and liberty with the United States Air Force, valiantly and courageously protecting his fellow Americans during World War II; and

WHEREAS, Mr. Fitzgerald received training as a flight engineer and gunner aboard a B-24 Liberator; and

WHEREAS, he was a member of "Operation Tidal Wave," with the mission of flying at low altitudes over Ploiesti, Romania, in order to destroy the enemy force's oil refineries; and

WHEREAS, after training for the low-level bombing mission in the Sahara Desert, Mr. Fitzgerald's bomber was one of 178 aircraft in what would become known as "Black Sunday," marking the worst single-day loss in the war; and

WHEREAS, during the mission, Mr. Fitzgerald's aircraft was hit by enemy fire and lost two engines, forcing an emergency landing in an open field; and

WHEREAS, he was a prisoner of war for 13 months along with over 100 other Americans; and

WHEREAS, he retired from the military after 25 years of dedicated and selfless service and was recognized with numerous medals, including the Purple Heart, Distinguished Flying Cross, Air Medal, and the POW Medal; and

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

PART XXVII WHEREAS, Reverend Joe E. Edwards has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and

WHEREAS, Reverend Edwards is a person of vision and action and is known throughout the Church of God denomination as a powerful preacher, sensitive to the Holy Spirit in bringing anointed messages from God; and

WHEREAS, educated at Lee College and the Church of God School of Theology, Reverend Edwards was called by the Lord 24 years ago to lead the congregation of Cartersville Church of God at Liberty Square; and

WHEREAS, under the esteemed leadership of Reverend Edwards, the Cartersville Church of God at Liberty Square has enriched the community with its worship center, educational facilities, Family Life Center, Harvest House, Excel Christian Academy, and the Cartersville Child Care Center; and

WHEREAS, Reverend Edwards has been recognized as a gifted writer, an effective and spiritually anointed speaker whose Gospel messages communicate effectively and with simplicity to persons from all walks of life, and a writer of spiritual publications throughout the United States; and

WHEREAS, he has served as a member of the Church of God Executive Council, chairman of the general study commission, state youth boards, evangelism boards, state overseer of the Church of God in Northern Ohio, and numerous other conferences, councils, and meetings as an active and honored member whose spiritual guidance is sought; and

WHEREAS, Reverend Edwards is united in love and marriage to his wife, Becky, and has been blessed with five children and several grandchildren; and

WHEREAS, the ministry of Reverend Edwards has enriched his denomination in visionary leadership, in discipleship, in outreach, in Bible teaching, in faith-building fellowship, and by encouraging active community service; and

WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized with an intersection dedicated in his honor.

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PART XXVIII WHEREAS, Mr. Samuel L. Cummings 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, Mr. Cummings was born in Midville, Georgia, one of 13 beloved children of the late Lawton and Mary Cummings; and

WHEREAS, educated in the Burke County School System, Mr. Cummings attended Swansboro Junior College and the University of Georgia before he became the first African American certified elected official in Burke County; and

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a city councilmember and mayor for the City of Midville; and

WHEREAS, Mr. Cummings' leadership and guidance have been instrumental to numerous organizations, including the Optimism Club of Midville, board of directors for Family and Children Services of Burke County, and Midville Development Authority; and

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

PART XXIX WHEREAS, Colonel William Lee Robinson served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously serving a tour in Vietnam and continuing his service for 31 years in the Army Reserve; and

WHEREAS, a leader in Bibb County, Colonel Robinson was widely 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 was elected to the Georgia Senate in 1974, adeptly and ably representing the people of Bibb and Monroe counties for eight years; and

WHEREAS, Colonel Robinson attended Mercer Law School while also obtaining his master's degree in business administration; and

WHEREAS, he was elected as mayor of Macon in 1997 and served as a circuit public defender for Macon-Bibb and surrounding counties after his service as mayor; and

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WHEREAS, a civic leader, Colonel Robinson was active with the Middle Georgia Cancer Society, Alzheimer's Association, Cherry Blossom Festival, Macon Jaycees, Rotary Club, and Keep Macon-Bibb Beautiful; and

WHEREAS, a man of deep and abiding faith, Colonel Robinson was a founding member of Ingleside Baptist Church, where he served as deacon, overseer, and Sunday school teacher and was an avid participant and leader of mission trips in many areas of the world; and

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

PART XXX WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Steven Charles Brack on October 11, 2004; and

WHEREAS, Mr. Brack served with the Allentown Volunteer Fire Department and was a member of the Allentown City Council; and

WHEREAS, his life was tragically cut short when he was involved in a vehicle crash while responding to a call on Interstate 16; and

WHEREAS, Mr. Brack 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 abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XXXI 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 Mitchell County, Georgia, Mr. Harvey J. Morey was one of 12 beloved children of Robert H. Morey and Ruth Alligood Morey; and

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WHEREAS, he 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 Armed Forces, valiantly and courageously defending his fellow citizens during World War II; and

WHEREAS, Mr. Morey trained at Fort Gordon and in Scotland and England, was a member of the 2nd battalion, 29th Infantry Division, 116th Infantry Regiment, and experienced combat in France; and

WHEREAS, he was killed in action on Martinville Ridge outside of St. Lo, France, on July 15, 1944; and

WHEREAS, Mr. Morey's bravery and sacrifice were recognized with a Purple Heart, Combat Infantryman Badge, American Campaign Medal, and World War II Victory Medal; and

WHEREAS, Mr. Morey embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a road in his memory.

PART XXXII WHEREAS, Mayor Eva Cohn Galambos is remembered by the citizens of this state for the vital role she played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, born in Berlin, Germany, Mayor Galambos graduated summa cum laude with a bachelor's degree in business administration from the University of Georgia, earned a master's degree in labor and industrial relations also from the University of Georgia, and obtained a doctorate in economics from Georgia State University; and

WHEREAS, her first professional job was as an associate editor for the Atlanta Journal of Labor and she went on to work with the Georgia State Merit System and the International Association of Machinists and taught at Clark College and Georgia State University; and

WHEREAS, she was elected to serve as the first mayor of Sandy Springs after the city's incorporation in 2005, a position she maintained until 2014; and

WHEREAS, prior to Mayor Galambos' service as mayor she served as president for the Committee for Sandy Springs, co-founder and secretary of Sandy Springs Revitalization,

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founder of Sandy Springs Clean and Beautiful, chairperson of services committee for the Sandy Springs Council of Neighborhoods, chairperson of the Fulton County Housing Authority, and founder of the Sandy Springs Civic Roundtable; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in her memory.

PART XXXIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Sergeant First Class Ray F. Lents on December 16, 1993; and

WHEREAS, a native of Murray County, Georgia, Sergeant First Class Lents joined the Georgia State Patrol in 1963 and was assigned to Post 27 in Blue Ridge upon graduating from the 25th trooper school in Atlanta in 1964; and

WHEREAS, he was promoted to corporal in 1968 and sergeant in 1971 and served as commander of Post 27 from 1971 until his retirement in 1993, diligently protecting and serving the citizens of Fannin, Gilmer, Union, and Towns counties; and

WHEREAS, this dedicated law enforcement officer served as a guardian of this nation's freedom and liberty with the United States Armed Forces and was a member of Lebanon Baptist Church and Blue Ridge Masonic Lodge Number 67 F&AM; and

WHEREAS, he was united in love and marriage to Jo Ann Galloway Lents and blessed with three remarkable children, Jeff, Tim, and Mandy; and

WHEREAS, Sergeant First Class Lents 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 an intersection be dedicated in his memory.

PART XXXIV WHEREAS, Mayor Barbara Stephens is remembered by the citizens of this state for the vital role she played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, a graduate of Young Harris College, Mayor Stephens dedicated 30 years to inspiring and educating this state's future leaders as a teacher at East Fannin Elementary School; and

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WHEREAS, Mayor Stephens was elected the first female mayor of Morganton and diligently and conscientiously served the citizens of Morganton for 13 and one-half years when she was elected to serve as the city's mayor after there was a threat of disbanding the city charter while she was a member of the city council; and

WHEREAS, her leadership and foresight were instrumental in obtaining a grant for $5.6 million to replace the city's water lines, build a new 200,000 gallon water tank, establish a new well, expand the water system, and increase the number of fire hydrants from 11 to 111; and

WHEREAS, during her term as mayor, Fire Station 11 was opened, allowing life-saving services to be provided to the people of Morganton faster and more efficiently; and

WHEREAS, a woman of deep and abiding faith, Mayor Stephens taught Sunday school for many years at Temple Baptist Church; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in her memory.

PART XXXV WHEREAS, Mr. Roy L. Chapman is remembered 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, a native of McCaysville, Mr. Chapman was the son of a pioneer family of Fannin County, Enoch Washington and Josephine Watson Chapman; and

WHEREAS, he served as ordinary and probate judge for Fannin County for 28 years, and during his career on the bench, he earned a reputation as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and

WHEREAS, Mr. Chapman was an honest and dedicated public servant who strived for excellence in all his endeavors and whose primary concern was the fair and impartial administration of justice; and

WHEREAS, a community leader and activist, Mr. Chapman was active in the Republican Party of Fannin County and was a charter member of the McCay Masonic Lodge Number 423 F&AM; and

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WHEREAS, he was united in marriage to Mrs. Eva Mae Pierce Chapman and was blessed with three remarkable children, Dr. Roy Lee Chapman, Mrs. Claudette Loudermilk, and Mrs. Gilita Carter; and

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

PART XXXVI WHEREAS, Mr. William Douglas "Billy" Dilworth was known throughout his community and this state for his journalistic integrity, professionalism, and dedication to entertaining and informing his audience; and

WHEREAS, a native of the Red Hill community of Franklin County, Mr. Dilworth made a name for himself in media, working for years in the newspaper, radio, and television industries; and

WHEREAS, he earned a bachelor's degree from the University of Georgia, where he wrote for the Red & Black student newspaper; and

WHEREAS, Mr. Dilworth wrote news and features for the Athens Daily News and worked as a writer for the Anderson Independent in South Carolina and the Atlanta Times; and

WHEREAS, in 1985, he became the host of The Billy Dilworth Show which aired on WNEG-TV for more than 20 years and entertained with a mixture of music and interviews; and

WHEREAS, The Billy Dilworth Show was the longest running live television broadcast in the country; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a road in his memory.

PART XXXVII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 53 and McEver Road in Hall County is dedicated as the Corporal Matthew Britten Phillips Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 20 and Market Place Boulevard in Forsyth County is dedicated as the Sergeant David Paul "Bubba" Land Memorial Intersection.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 42/Briarcliff Road over the south fork of Peachtree Creek in DeKalb County is dedicated as the Ambassador David Adelman Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 306 and State Route 369 in Forsyth County is dedicated as Hammond's Crossing.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 9 and Highway 369 in Forsyth County is dedicated as the Coal Mountain Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 85 over Cleveland Avenue in Fulton County is dedicated as the Spencer Pass Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 20 over Snapfinger Creek in DeKalb County is dedicated as the Robert Shane Wilson Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 17/State Route 75 over Cynth Creek in Towns County is dedicated as the Dyer Bridge.

BE IT FURTHER RESOLVED AND ENACTED that State Route 140 in Bartow County is dedicated as the Reverend Kenneth H. Coomer, Jr., Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 575 from Bells Ferry Road to the Cherokee County line in Cobb County is dedicated as the Lance Corporal Skip Wells Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 22/State Route 31 from the intersection of State Route 11 and State Route 31 in Lakeland to the intersection of State Route 7 and State Route 31 in Valdosta in Lowndes County is dedicated as the James Slaton "Jay" Shaw Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 141/Medlock Bridge Road from the southern limit of Johns Creek at the Chattahoochee River to the intersection with State Route 120/Abbotts Bridge Road in Fulton County is dedicated as the Mark Burkhalter Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. Highway 19 North over Buck Creek in Schley County is dedicated as the Thomas William Poole Memorial Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on US 441/SR 15 over Interstate 85 in Banks County is dedicated as the Richard Chambers Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 127 over the Flint River Overflow, three miles west of Marshallville in Macon County, is dedicated as the Dr. Delores Felder Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 26 over the Flint River Overflow in Macon County is dedicated as the William Brown Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge over Raccoon Creek on Georgia Highway 133 west of Cartersville in Bartow County is dedicated as the Solomon T. "Sol" Dover Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 29 over the Savannah River in Hart County is dedicated as the Louie Morris Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 92 North over the Chattahoochee River in Fulton County is dedicated as the Robert and Ardena Beasley Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 125/Bemiss Road/Valdosta Ray City Highway and State Route 122 at the meeting point of Lowndes, Berrien, and Lanier counties is dedicated as Walker's Crossing in memory of Mr. William "Mr. Bill" and Ruby Herndon Walker.

BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring United States military veterans and dedicates the portion of State Route 125 from the intersection of CR 354/Alapaha Lenox Road to the intersection at West Marion Avenue and Tifton Road at State Route 122 in Berrien County as the Veterans Memorial Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 37/76 over Bear Creek in Cook County is dedicated as the Joel Jackson Parrish Bridge.

BE IT FURTHER RESOLVED AND ENACTED that State Route 520 from Chattahoochee County through Dougherty County, including Stewart, Webster, Terrell, and Lee counties, is dedicated as the Purple Heart Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge over the Norfolk Southern rail lines/North and South Berry Streets on State Route 42 in Henry County is dedicated as the Martin Luther King, Sr., Memorial Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 129 over Lake Lanier is dedicated as the Longstreet Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 257 and the Highway 441 Bypass in Laurens County is dedicated as the TSGT Mack Fitzgerald Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 20/Canton Highway and Roving Road/Smith Cline Road in Bartow County is dedicated as the Reverend Joe E. Edwards Intersection.

BE IT FURTHER RESOLVED AND ENACTED that State Route 305 from its intersection with State Route 56 to the intersection of Old Wadley Road near the border of the city of Midville in Burke County is dedicated as the Samuel L. Cummings Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Riverside Drive over Interstate 75 in Bibb County is dedicated as the Mayor Lee Robinson Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 112 over Interstate 16 in Wilkinson County is dedicated as the Steven Charles Brack Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 93 from State Route 112 in the community of Lester to State Route 300 in Baconton in Mitchell County is dedicated as the Harvey J. Morey Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at Georgia 400 and U.S. 19 in Sandy Springs is dedicated as the Mayor Eva Cohn Galambos Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 515/U.S. 75 and the Orvin Lance Connector is dedicated as the Sergeant First Class Ray F. Lents Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 60 where the road diverges from Old U.S. 76 and proceeds west toward Blue Ridge to the intersection of State Route 60/Old U.S. 76/Morganton Highway and Thomas Street in Fannin County is dedicated as the Barbara Stephens Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 5/Blue Ridge Drive and Tennessee Avenue in Fannin County is dedicated as the Roy L. Chapman Intersection.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 59 from the intersection with State Route 17 to Highway 164/Bold Springs Road in Franklin County is dedicated as the Billy Dilworth Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 280 over the Oconee River in Montgomery county is dedicated as the Veterans Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 15 from Womack Lane to the Johnson county line is dedicated as the Jimmy B. Lord Highway.

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

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to the family of Corporal Matthew Britten Phillips; Sergeant David Paul "Bubba" Land; Mr. Spencer Pass; Detective Robert Shane Wilson; Lance Corporal Skip Wells; Mr. James Slaton "Jay" Shaw; Mr. Thomas William Poole; Mr. Richard John Chambers, Sr.; Dr. Delores Felder; Mr. William Lee Brown; Mr. Solomon T. "Sol" Dover; Mr. Louie Morris; Robert and Ardena Beasley; Mr. and Mrs. William Penn Walker, Sr.; Mr. Joel Jackson Parrish; Mr. Martin Luther King, Sr.; Colonel William Lee Robinson; Mr. Steven Charles Brack; Mr. Harvey J. Morey; Mayor Eva Cohn Galambos; Sergeant First Class Ray F. Lents; Mayor Barbara Stephens; Mr. Roy L. Chapman; and Mr. William Douglas "Billy" Dilworth; and to Ambassador David Adelman; the Dyer family; Reverend Kenneth H. Coomer, Jr.; Mr. J. Mark Burkhalter; Mr. Mack Fitzgerald; Reverend Joe E. Edwards; and Mr. Samuel L. Cummings.

Approved May 3, 2016.

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STATE PROPERTY DEDICATION OF HERITAGE PRESERVE; GRANT OF NONEXCLUSIVE EASEMENT.

No. 536 (House Resolution No. 1312).

A RESOLUTION

Authorizing the change of use of certain property located in Houston County currently dedicated as a heritage preserve; authorizing the granting of a nonexclusive easement for the construction, operation, and maintenance of facilities and ingress and egress in, on, over, under, upon, across, or through certain state owned real property located in Houston County; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Houston County; and

WHEREAS, the Department of Natural Resources has requested a change of use to the property located in Houston County dedicated as a heritage preserve at the request of the Georgia Department of Transportation, and such request was approved by the Board of Natural Resources on June 25, 2013; and

WHEREAS, the Georgia Department of Transportation desires to construct, operate, and maintain facilities and ingress and egress in, on, over, under, upon, across, or through a portion of said property located in Houston County; and

WHEREAS, the construction, operation, and maintenance of such facilities and the ingress and egress in, on, over, under, upon, across, or through the above-described state property have been approved by the Board of Natural Resources.

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

SECTION 1-1. That the State of Georgia is the owner of the hereinafter described real property in Houston County, that the property is in the custody of the Department of Natural Resources, which supports the change to the use of approximately 3.146 acres of the heritage preserve dedicated area, and that in all matters related to the change of use, the State of Georgia is

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acting by and through the Department of Natural Resources. Said area is located in Houston County and is more particularly described as follows:
"Those approximately 3.146 acres as shown on a right of way map prepared for the Georgia Department of Transportation on May 16, 2011, and last revised January 25, 2013, and being on file in the office of the State Properties Commission."

SECTION 1-2. That the resolution adopted at the June 25, 2013, meeting of the Board of Natural Resources recommended to change the use of the above-described area to allow the grant of an easement to the Georgia Department of Transportation for the purpose of widening State Route 96.

SECTION 1-3. That the widening of State Route 96 for improved transportation and safety is in the public interest and that the recommendation of the Board of Natural Resources to change the use of the approximately 3.146 acres of the heritage preserve dedicated area to allow the grant of an easement to the Georgia Department of Transportation for the purpose of widening State Route 96 is approved.

SECTION 1-4. That the Department of Natural Resources shall file with the Secretary of State and the Office of the Clerk of the Superior Court of Houston County a notice of the removal of the heritage preserve dedication over the above-described area.

SECTION 1-5. That custody of the above-described property shall remain in the Department of Natural Resources.

PART II

SECTION 2-1. That the State of Georgia is the owner of the above-described easement area, that the property is in the custody of its Department of Natural Resources, which does not object to the granting of this nonexclusive easement of approximately 3.146 acres, and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2-2. That, in accordance with the change of use of the above-described easement area, the State of Georgia acting by and through its State Properties Commission is authorized to grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive

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easement for the construction, operation, and maintenance of a traffic safety improvement in, on, over, under, upon, across, or through the easement area for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a traffic safety improvement together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purpose.

SECTION 2-3. That the easement area shall be used by the Georgia Department of Transportation solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said traffic safety improvement.

SECTION 2-4. 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, installation, operation, and maintenance of said traffic safety improvement.

SECTION 2-5. That, after the Department of Transportation has put into use the traffic safety improvement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the easement area shall become the property of the State of Georgia, or its successors and assigns.

SECTION 2-6. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the Department of Transportation, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Department of Transportation.

SECTION 2-7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Department of

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Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, the Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent of the amount of such written estimate. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area without further approval by the General Assembly.

SECTION 2-8. That the easement granted to the Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 2-9. 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 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 2-10. 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 interests of the State of Georgia.

SECTION 2-11. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County, and a recorded copy shall promptly be forwarded to the State Properties Commission.

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SECTION 2-12. That the authorization in this resolution to grant the above-described easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.

SECTION 2-13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

PART III

SECTION 3-1. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3-2. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 3, 2016.

REVENUE AND TAXATION FREEPORT EXEMPTION; CERTAIN FULFILLMENT CENTERS.
No. 539 (House Bill No. 935).
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem tax, so as to add certain fulfillment centers to properties eligible for a freeport exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem tax, is amended by revising subsection (b) of Code Section 48-5-48.1, relating to an exemption for tangible personal property inventory, as follows:
"(b) The application for the level 1 freeport exemption shall provide for:

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(1) A schedule of the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia; (2) A schedule of the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods; (3) A schedule of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption; and (4) A schedule of the stock in trade of a fulfillment center which on January 1 are stored in the fulfillment center. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the fulfillment center where such property is being stored, which official books and records are required to be open to the inspection of the taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption."

SECTION 2. Said part is further amended by revising Code Section 48-5-48.2, relating to the level 1 freeport exemption, as follows:
"48-5-48.2. (a) This Code section shall be known and may be cited as the 'Level 1 Freeport Exemption.' (b) As used in this Code section, the term:
(1) 'Destined for shipment to a final destination outside this state' means, for purposes of a level 1 freeport exemption, that portion or percentage of an inventory of finished goods which the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, is reasonably anticipated to be shipped to a final destination outside this state. Such other reasonable, documented method may only be utilized in the case of a new business, in the case of a substantial change in scope of an existing business, or in other unusual situations where a historical sales or shipment analysis does not adequately reflect future anticipated shipments to a final destination outside this state.

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It is not necessary that the actual final destination be known as of January 1 in order to qualify for the exemption. (2) 'Finished goods' means, for purposes of a level 1 freeport exemption, goods, wares, and merchandise of every character and kind but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production or the stock in trade of a retailer. (3) 'Foreign merchandise in transit' means, for purposes of a level 1 freeport exemption, any goods which are in international commerce where the title has passed to a foreign purchaser and the goods are temporarily stored in this state while awaiting shipment overseas. (4) 'Fulfillment center' means, for purposes of a level 1 freeport exemption, a business location in Georgia which is used to pack, ship, store, or otherwise process tangible personal property sold by electronic, Internet, telephonic, or other remote means, provided that such a business location does not allow customers to purchase or receive goods onsite at such business location. (5) 'Raw materials' means, for purposes of a level 1 freeport exemption, any material, whether crude or processed, that can be converted by manufacture, processing, or a combination thereof into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources. (6) 'Stock in trade of a fulfillment center' means, for purposes of a level 1 freeport exemption, goods, wares, and merchandise held by one in the business of making sales of such goods when such goods are held or stored at a fulfillment center. (7) 'Stock in trade of a retailer' means, for purposes of a level 1 freeport exemption, finished goods held by one in the business of making sales of such goods at retail in this state, within the meaning of Chapter 8 of this title, when such goods are held or stored at a business location from which such retail sales are regularly made. Goods stored in a warehouse, dock, or wharf, including a warehouse or distribution center which is part of or adjoins a place of business from which retail sales are regularly made, shall not be considered stock in trade of a retailer to the extent that the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, the portion or percentage of such goods which is reasonably anticipated to be shipped outside this state for resale purposes. (c) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, all or any combination of the following types of tangible personal property: (1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible personal property

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which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state. For purposes of this paragraph, the following activities shall constitute substantial modification in the ordinary course of manufacturing, processing, or production operations:
(A) The cleaning, drying, pest control treatment, or segregation by grade of grain, peanuts or other oil seeds, or cotton; (B) The remanufacture of aircraft engines or aircraft engine parts or components, meaning the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components; and (C) The blending of fertilizer bulk materials into a custom mixture, whether performed at a commercial fertilizer blending plant, retail outlet, or any application site; (2) Inventory of finished goods manufactured or produced within this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is produced or manufactured; (3) Inventory of finished goods which, on January 1, are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment to a final destination outside this state and inventory of finished goods which are shipped into this state from outside this state and stored for transshipment to a final destination outside this state, including foreign merchandise in transit. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. The official books and records of the warehouse, dock, or wharf where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such property for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this state and of any political subdivision of this state; or (4) Stock in trade of a fulfillment center which, on January 1, are stored in a fulfillment center and which are made available to remote purchasers who may make such purchases by electronic, Internet, telephonic, or other remote means, and where such stock in trade of a fulfillment center will be shipped from the fulfillment center and delivered to the purchaser at a location other than the location of the fulfillment center. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. The official books and records of the fulfillment center where such property is being stored shall contain a full,

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true, and accurate inventory of all such property, including the date of the receipt of the property and the date of the withdrawal of the property. The official books and records of any such fulfillment center pertaining to any such property for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this state and of any political subdivision of this state. (d) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined in this Code section which are being proposed to be exempted from taxation. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. (e) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the state revenue commissioner, exempt from taxation 20 percent, 40 percent, 60 percent, 80 percent or all of the value of such tangible personal property as defined in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the state revenue commissioner, provided that such increase shall be in increments of 20 percent, 40 percent, 60 percent, or 80 percent of the value of such tangible personal property as defined in this Code section, within the discretion of such governing authority. (f)(1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing on the first day of any ensuing calendar year; otherwise, such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year. (2) Exemptions may only be revoked by a referendum election called and conducted as provided in this Code section, provided that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such

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revocation shall be effective only at the end of a five-year period from the date of such referendum. (g) Level 1 freeport exemptions effected pursuant to this Code section may be granted either in lieu of or in addition to level 2 freeport exemptions under Code Section 48-5-48.6. (h) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section."

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

Approved May 3, 2016.

__________

DOMESTIC RELATIONS USE OF RECORDS CONCERNING ADOPTED CHILD'S BIOLOGICAL PARENTS.

No. 541 (House Bill No. 1070).

AN ACT

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to permit the department to use certain information in the department's records concerning the adopted child's biological parents; to provide for the creation, authorization, procedure, revocation, recision, and termination of a power of attorney from a parent, guardian, or legal custodian of a child to a kinship caregiver for the temporary delegation of certain power and authority for the care and custody of a child; to provide a short title; to provide for and correct a definition; to provide for procedure; 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.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-8-23, relating to where records of adoption are kept, examination by parties and attorneys, and use of information by agency and department, by adding a new subsection to read as follows:
"(b.1) The department may, in its sole discretion, make use of any information contained in the records of the department concerning an adopted child and the adopted child's biological parents in connection with the placement of another child in the home of the

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adoptive parents of the child or in connection with the investigation of a report of child abuse or neglect made concerning the adopted child's biological parents."

SECTION 2.

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

Approved May 3, 2016.

__________

SOCIAL SERVICES SERVICES FOR THE AGING; TRANSFER OVERSIGHT TO DEPARTMENT OF COMMUNITY HEALTH; ESTABLISH COMMUNITY CARE UNIT; COMMUNITY CARE PLAN.

No. 547 (House Bill No. 1085).

AN ACT

To amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to transfer the oversight of such services to the Department of Community Health; to provide for the department to establish a community care unit within the Division of Medical Assistance; to delete certain provisions related to the implementation of a community care system; to provide for an annual community care plan to be incorporated into the State Plan for Medical Assistance; to change references to agency to department; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by revising Article 5, relating to community care and services for the elderly, as follows:

"ARTICLE 5 49-6-60. The purpose of this article is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various community based services. In recognition of the desire of older Georgians to reside

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at home or with their families as long as possible, the General Assembly intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least restrictive environment suitable to their needs. The General Assembly further intends to maximize the utilization of existing community social and health services in order to prevent unnecessary placement of individuals in long-term care facilities. The development of innovative approaches to program management, staff training, and service delivery that impact on cost avoidance, cost effectiveness, and program efficiency shall be encouraged. It is further the intent of the General Assembly that the Department of Community Health shall serve as the agency responsible for planning and implementing the provision of community based services to the elderly reimbursable under the 'Georgia Medical Assistance Act of 1977.'

49-6-61. As used in this article, the term:
(1) 'Department' means the Department of Community Health. (2) 'Division' means the organizational unit within the Department of Community Health responsible for the administration of the Georgia Medical Assistance Act of 1977. (3) 'Functionally impaired elderly person' means any person 60 years of age or older with physical or mental limitations that restrict individual ability to perform the normal activities of daily living and which impede individual capacity to live independently. (4) The 'Georgia Medical Assistance Act of 1977' means Article 7 of Chapter 4 of this title. (5) 'Lead agency' means one or more agencies designated by the Department of Community Health to assess services needed by functionally impaired elderly persons, to coordinate and provide community care services to those persons, provide case management, and, where necessary, subcontract with providers of service. A lead agency shall be either a private nonprofit entity or any public entity, including but not limited to any organizational unit of the department. (6) 'Older Americans Act of 1965' means P.L. 92-258, as amended, on July 1, 1982.

49-6-62. (a) The department shall establish a community care unit within the Division of Medical Assistance. The community care unit shall plan and oversee implementation of a system of coordinated community care and support services for the elderly. The community care unit shall develop uniform assessment criteria that shall be used to determine an individual's functional impairment and to evaluate on a periodic basis the individual's need for community support services or institutionalized long-term care. The community care unit shall also define each community care service and establish standards for the delivery of community care services. Where appropriate, the community care unit shall utilize existing standards and definitions.

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(b) The department shall designate specified geographic service areas which shall be defined in such a way as to ensure the efficient delivery of community care services. (c) The department shall contract with a lead agency to coordinate and provide community care services within each specified geographic service area. (d) Each lead agency shall annually submit to the community care unit for approval a service plan evaluating the community care needs of the functionally impaired elderly, identifying priority services and target client groups, and detailing the means by which community care services will be delivered for the service area of that agency. The plan shall also include projected program costs and fees to be charged for services. The lead agency may exclude from the service plan those individuals eligible for benefits under the 'Georgia Medical Assistance Act of 1977,' as amended, for whom there is a reasonable expectation that community based services would be more expensive than services the individual would otherwise receive which would have been reimbursable under the 'Georgia Medical Assistance Act of 1977,' as amended. (e) The division shall prepare an annual community care service plan to be incorporated into the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977.' (f) The department shall submit on January 1 of each year, beginning in 2017, a progress report on the implementation of the plan required by subsection (e) of this Code section to the Speaker of the House of Representatives, the President of the Senate, the chairperson of the House Committee on Health and Human Services, and the chairperson of the Senate Health and Human Services Committee. (g) In accordance with rules promulgated by the department, lead agencies may collect fees for community care case management and other services. Such fees shall be established on a sliding scale based upon income and economic need. Fees will not be charged those individuals for the mandatory assessment described in subsection (e) of Code Section 49-6-63. Lead agencies may accept contributions of money or contributions in kind from functionally impaired elderly persons, members of their families, or other interested persons or organizations. Such contributions may not be a condition of services and shall only be used to further the provision of community care services. (h) Funding for services under this article shall be in addition to and not in lieu of funding for existing community services for the elderly. The department and the lead agency shall ensure that all other funding sources available, including reimbursement under the 'Georgia Medical Assistance Act of 1977' and the Older Americans Act of 1965, have been used prior to utilizing state funds for community care for the elderly.

49-6-63. (a) Each lead agency shall be responsible for the establishment of a community care service system which shall have as its primary purpose the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community based services. Each community care service system shall provide no fewer

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than six of the services listed in subsection (c) of this Code section, four of which shall include case management, assessment of functional impairment and needed community services, homemaker, and home health care services. Case management services shall be provided to each community care service recipient to ensure that arrangements are made for appropriate services. If independent living is no longer possible for a functionally impaired elderly person, the case manager shall assist the person in locating the most appropriate, least restrictive, and most cost beneficial alternative living arrangement. (b) All existing community resources available to the functionally impaired elderly person shall be coordinated into the community care service system to provide a continuum of care to such persons. The lead agency shall establish agreements, policies, and procedures for service integration and referral mechanisms with such programs. (c) Services to be coordinated by the lead agency shall include, without being limited to, the following:
(1) Case management; (2) Assessment of functional impairment and needed community services; (3) Homemaker services; (4) Home health care services; (5) In-home personal care services; (6) Adult day health services; (7) Adult day care; (8) Habilitation services; (9) Respite care; (10) Older Americans Act services, including transportation, nutritional, social, and other services; (11) Title XX services; (12) Senior center services; (13) Protective services; (14) Financial assistance services, including, but not limited to, food stamps, Medicaid, medicare, and Supplemental Security Income; (15) Health maintenance services; and (16) Other community services. (d) Priority in provision of community care services shall be given to those individuals who have been certified for skilled or intermediate institutional nursing care service benefits conferred by the 'Georgia Medical Assistance Act of 1977' and who need home and community based services in order to avoid institutionalization. Services may be provided to other functionally impaired persons as resources allow, as determined by the department. Priority in provision of community care services to such other persons shall be based on economic, social, and medical needs. (e) All individuals seeking certification for benefits conferred by the 'Georgia Medical Assistance Act of 1977,' as amended, to be used to pay the cost of placement in a long-term care facility or individuals who would be eligible for such benefits within 180 days of

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nursing home admission, shall, as a precondition to such certification, undergo evaluation by an assessment team designated by the lead agency to determine if institutionalization can be avoided by provision of more cost-effective community based services. If the individual being evaluated requires community based services which, over a 12 month period, would cost more than the cost of care in a long-term care facility, then such community based services shall not be deemed cost effective. Such cost-effective determination shall apply to each case management evaluation. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social worker. Whenever possible, the assessment team shall be responsible for the precertification for nursing home placement and determination of the appropriate level of care, as required by the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977.' (f) The decision of the assessment team shall be forwarded to the department designated in the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977,' as responsible for the certification of benefits for individuals. If the assessment team and the case manager have determined that an individual could be better and more cost effectively served in the community, the department shall not certify such individual for skilled or intermediate institutional nursing care service benefits until the lead agency has informed such individual of the availability of community based services within the lead agency's geographic service area and of the right of such individual to choose to receive those services as an alternative to placement in a long-term care facility. Such individual shall advise the lead agency of his or her choice of service alternatives. If such individual is otherwise eligible for those benefits for which certification is sought, the department shall certify the individual either for placement in a long-term care facility or for receiving community based services, as the individual advised the lead agency. The evaluation and certification shall be completed in a timely manner. (g) The lead agency shall seek to utilize volunteers to provide community services for functionally impaired elderly persons. The department may provide appropriate insurance coverage to protect volunteers from personal liability while acting within the scope of their volunteer assignments in the community care service system. Coverage may also include excess automobile liability protection."

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

Approved May 3, 2016.

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AGRICULTURE REVISE PROVISIONS REGARDING GEORGIA SEED DEVELOPMENT COMMISSION AND ITS MEMBERSHIP.

No. 555 (House Bill No. 1030).

AN ACT

To amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its membership; 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 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, is amended by revising Code Section 2-4-3, relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds, as follows:
"2-4-3. (a) As used in this Code section, the term 'licensee' means the designee of a holder of a license authorizing the production, conditioning, propagation, or marketing of crops, seed, turfgrass, or horticultural plants developed by the College of Agricultural and Environmental Sciences of the University of Georgia, where such license grants rights to intellectual property owned by the University of Georgia or a formally designated cooperative organization thereof. (b) The commission shall be composed of the following 11 members:
(1) Two members to be appointed by the Governor, each of whom shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants; (2) One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Lieutenant Governor; (3) One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Speaker of the House of Representatives; (4) The Commissioner of Agriculture; (5) Two representatives of the crop, seed, turfgrass, or horticultural plant industry or of farm related organizations, one of whom shall be appointed by the Senate Agriculture and Consumer Affairs Committee, and one of whom shall be appointed by the House

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Committee on Agriculture and Consumer Affairs. Such representatives shall be licensees or shall otherwise have knowledge of the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants. Each committee shall make its appointment with a quorum present and a majority of those present concurring; (6) One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Commissioner of Agriculture; (7) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia; (8) The associate dean for research of the College of Agricultural and Environmental Sciences of the University of Georgia, as a nonvoting member; and (9) An additional nonvoting member who is a crop, seed, turfgrass, or horticultural plant breeder employed by the College of Agricultural and Environmental Sciences of the University of Georgia, appointed by the dean of the College of Agricultural and Environmental Sciences of the University of Georgia, after consultation with the commission. (c) The members of the commission shall enter upon their duties without further act or formality. The commission shall organize each even-numbered year at the meeting next following July 1 of such year, at which time the commission shall elect one of its members as chairperson and another as vice chairperson. It shall also elect a secretary and a treasurer, who need not be members. The offices of secretary and treasurer may be combined in one person. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so. (d) Five voting members of the commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this chapter. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission. (e) The members shall not receive compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. (f) Members of the commission shall be accountable as trustees. They shall cause adequate books and records of all transactions of the commission, including records of income and disbursements of every nature, to be kept. The books and records shall be inspected and audited by the state auditor at least once in each year. The commission may require that an employee, an officer, member of the commission, or any person doing business with the commission post a bond, in an amount to be determined by the commission, for the faithful performance of the duties imposed upon such employee, officer, member of the commission, or person doing business with the commission. The principal of such bond of an officer, employee, or member of the commission shall be paid by the commission."

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

Approved May 3, 2016.

__________

EMINENT DOMAIN USE OF EMINENT DOMAIN FOR CONSTRUCTION OF PETROLEUM PIPELINES; MORATORIUM AND STUDY.

No. 557 (House Bill No. 1036).

AN ACT

To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, so as to change certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines; to provide for legislative findings; to provide for definitions; to enact a temporary moratorium on the use of eminent domain powers for construction of petroleum pipelines so that a commission of elected officials and field experts can conduct a detailed study; to ensure the exercise of eminent domain powers by petroleum pipelines is carried out in a prudent and responsible manner consistent with this state's essential public interests; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the exercise of the power of eminent domain by pipeline companies for a certain period; to provide for an exception; to suspend the receipt of certain applications and the issuance of certain approvals; to move existing provisions relating to the use of the power of eminent domain for natural or artificial gas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, is amended by revising Article 4, relating to the construction and operation of petroleum pipelines and gas pipelines, as follows:

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"ARTICLE 4 Part 1
22-3-80. With respect to the siting and regulation of petroleum pipelines in this state, the General Assembly finds that:
(1) The natural resources, environment, and vital areas of the state are of utmost importance to the state and its citizens and the State of Georgia has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (2) State law presently grants pipeline companies the power to acquire property or interests in property through the use of eminent domain; (3) The procedures that pipeline companies are required to use to exercise such statutory powers of eminent domain have not been reviewed since the Petroleum Pipeline Study Committee created in an Act approved March 24, 1994 (Ga. L. 1994, p. 229) and abolished on January 1, 1995, studied the issue; (4) Technology has significantly advanced in the past decade and the pipeline industry has also changed; (5) The vitally important issue of land use impacts associated with pipelines that are presently in use and being developed for future use merits a detailed study by elected officials and experts in this field to ensure that the exercise of eminent domain by pipeline companies is carried out in a prudent and responsible manner consistent with this state's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; and (6) A temporary moratorium on the exercise of eminent domain powers of pipeline companies through June 30, 2017, would provide the General Assembly with time to study the need for any changes to land use controls or restrictions related to pipeline companies seeking to deliver petroleum to residents of this state or other states, including but not limited to those related to siting of pipelines, and to assess various proposals relating to the eminent domain powers that pipeline companies presently enjoy, the issuance of certain environmental permits to pipeline companies, and the enactment of additional laws to ensure the consistency of pipeline development and operation with the state's land use goals and standards.
22-3-81. As used in this article, the term:
(1) 'Commission' means the State Commission on Petroleum Pipelines created pursuant to Code Section 22-3-82.

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(2) 'Pipeline' means a pipeline constructed or to be constructed as a common carrier in interstate or intrastate commerce for the transportation of petroleum or petroleum products in or through this state. (3) 'Pipeline company' means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorporation to construct and operate pipelines for the transportation of petroleum and petroleum products. (4) 'Pipeline facility' or 'pipeline facilities' means and includes the pipeline and all equipment or facilities, including lateral lines, essential to the operation of the pipeline but shall not include any storage tank or storage facility which is not being constructed as a part of the operation of the pipeline.

22-3-82. There is created the State Commission on Petroleum Pipelines to be composed of 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; the director of the Environmental Protection Division of the Department of Natural Resources or his or her designee; the commissioner of community affairs or his or her designee; and five members to be appointed by the Governor, including one member who shall represent the petroleum industry and four members who shall represent a cross section of the interests of local government, business, agriculture, and conservation. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the commission. Administrative support for the commission shall be provided by the staff of the Office of Planning and Budget, the staff of the Environmental Protection Division of the Department of Natural Resources, or the staff of the Department of Community Affairs, as appropriate.

22-3-83. (a) The commission shall perform the following by December 31, 2016:
(1) Examine the impacts on land associated with pipeline siting, construction, and operation, including impacts associated with potential leaks and spills; (2) Examine the current legal and regulatory structure pertinent to the protection of land uses and natural resources from impacts associated with pipeline siting, construction, and operation; (3) Examine the purposes behind and necessity of, if any, Part 2 of this article and the grant therein of eminent domain powers to pipeline companies and the siting procedures therein and weigh those with the rights of property owners affected by the use of such eminent domain powers; (4) Consider the extent to which the powers granted pipeline companies under Part 2 of this article, and more broadly the existing legal and regulatory system pertinent to the

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siting, construction, and operation of pipelines, are consistent with and implement Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (5) Consider legal and regulatory mechanisms by which the eminent domain powers of pipeline companies can be appropriately restricted or controlled in order to ensure siting of pipelines that is consistent with current state and local land use policies and the protection of natural resources; (6) Consider whether any changes to the siting procedures in this article are necessary to protect the residents of this state in consideration of whether the pipeline is delivering petroleum to customers inside or outside this state; (7) Prepare a report summarizing the findings of the commission and submit such report to the President of the Senate and the Speaker of the House of Representatives and to the chairpersons of each of the standing committees of the Senate and of the House of Representatives which regularly consider proposed legislation related to transportation, energy, or natural resources; and (8) Recommend to the General Assembly proposed legislation as necessary to accomplish the continuing goal of ensuring that pipeline siting, construction, and operation are consistent with and implement the State of Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas and to best serve the residents of this state. (b) The legislative members of the commission shall be entitled to receive the compensation and allowances provided for in Code Section 28-1-8. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission but may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Members of the commission who are not legislators, state officials, or state employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21, as well as the mileage or transportation allowance authorized for state employees, and the funds for payment thereof shall come from funds of the Department of Natural Resources. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this part. (d) The commission shall stand abolished on January 1, 2017.

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Part 2

22-3-85. (a)(1) The powers of eminent domain granted by this part to pipeline companies shall be temporarily suspended starting from the effective date of this Code section through and including June 30, 2017, in order to allow the commission to complete its report and recommendations and to allow the General Assembly to act on those recommendations during the 2017 legislative session. (2) Between the effective date of this Code section and June 30, 2017: (A) No pipeline company shall exercise any eminent domain powers under this part, including, without limitation, condemning any property through the exercise of eminent domain; (B) The commissioner of transportation shall not accept any applications for or issue any certificates of public convenience and necessity provided for in Code Section 22-3-87; (C) The Environmental Protection Division of the Department of Natural Resources shall not accept any applications for or issue any permits provided for in Code Section 22-3-88; and (D) No state officer, official, or employee or any state agency, department, commission, or committee shall issue any approval, permit, or document necessary for the construction of a pipeline, including, but not limited to, the granting of any easement, deed, license. or permission to cross over, under, or through any: (i) Body of water, state wildlife management areas, heritage or historic preserve areas, or historical sites within this state; (ii) Area of Particular Concern as set out in the State of Georgia Coastal Management Program as such existed on January 1, 2016; or (iii) Public road of the state highway system.
(b) The temporary suspension of the power of eminent domain provided in subsection (a) of this Code section and temporary suspension of the issuance of approvals, permits, or documents provided in subparagraph (D) of paragraph (2) of subsection (a) of this Code section shall not apply to acquisitions, approvals, permits, or documents for the purposes of:
(1) Maintaining an existing pipeline facility in place; (2) Replacing lines within 200 feet of an existing pipeline facility; or (3) Relocating temporary work space for repairs of an existing pipeline facility. For purposes of this subsection, the term 'existing pipeline facility' means a pipeline facility constructed and in use prior to January 1, 2016.

22-3-86. (a) Subject to the provisions and restrictions of this part, pipeline companies are granted the power to acquire property or interests in property by eminent domain for the

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construction, reconstruction, operation, and maintenance of pipelines in this state; provided, however, that prior to instigating eminent domain proceedings or threatening to do so, the pipeline company shall cause to be delivered to each landowner whose property may be condemned a written notice containing the following language in boldface type:
'CODE SECTIONS 22-3-86 THROUGH 22-3-91 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY. THOSE CODE SECTIONS ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE COMPANY.' (b) The restrictions and conditions imposed by this part on the exercise of the power of eminent domain by pipeline companies shall not apply to relocations of pipelines necessitated by the exercise of a legal right by a third party or to any activities incident to the maintenance of an existing pipeline or existing pipeline right of way. A pipeline company shall have a right of reasonable access to property proposed as the site of a pipeline for the purpose of conducting a survey of the surface of such property for use in determining the suitability of such property for placement of a pipeline. (c) After obtaining the certificate of convenience and necessity provided for in Code Section 22-3-87 and after complying with the notice requirements set forth in subsection (a) of this Code section, a pipeline company shall have a right of reasonable access to any property proposed as the site of a pipeline for the purpose of conducting additional surveying which may be necessary in preparing its submission to the Department of Natural Resources as provided for in Code Section 22-3-88. (d) The owner of any property or property interest which is entered by a pipeline company for the purpose of surveying such property, as allowed in this Code section, or for access to or maintenance or relocation of an existing pipeline shall have the right to be compensated for any damage to such property incident to such entry. Any survey conducted pursuant to this part shall be conducted in such a fashion as to cause minimal damage to the property surveyed.

22-3-87. (a) Before exercising the power of eminent domain as authorized in this part, a pipeline company shall first obtain from the commissioner of transportation or the commissioner's designee a certificate of public convenience and necessity that such action by the pipeline company is authorized. Such certificate shall not be unreasonably withheld. (b) The commissioner of transportation shall prescribe regulations pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relative to the requirements for obtaining a certificate of public convenience and necessity which shall include:

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(1) A requirement that the application for such certificate shall include a description of the proposed project including its general route, a description of the public convenience and necessity which support the proposed pipeline route, the width of the proposed pipeline corridor up to a maximum width of one-third mile, a showing that use of the power of eminent domain may be necessary for construction of the pipeline, and a showing that the public necessity for the pipeline justifies the use of the power of eminent domain; (2) A provision for reasonable public notice of the application and the proposed route; (3) Provision for a hearing on the application and the filing and hearing of any objections to such application; (4) A requirement that all hearings shall be held and a final decision rendered on any application not later than 90 days from the date of the publication of notice required in paragraph (2) of this subsection; and (5) Such other reasonable requirements as shall be deemed necessary or desirable to a proper determination of the application. (c) In the event the application is not approved or denied within the time period provided for in paragraph (4) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law. (d) The approval and issuance of the certificate of public convenience and necessity shall not be subject to review. The denial of the certificate may be reviewed by a judge of the superior court of the county in which the pipeline company has an agent and place of doing business. The review shall be by petition filed within 30 days of the date of disapproval of the application and shall be determined on the basis of the record before the commissioner of transportation. The action of the commissioner of transportation shall be affirmed if supported by substantial evidence.

22-3-88. (a) In addition to obtaining a certificate as required in Code Section 22-3-87, a pipeline company shall, prior to the exercise of the power of eminent domain, obtain a permit from the director of the Environmental Protection Division of the Department of Natural Resources as provided in this Code section. (b) The Board of Natural Resources shall, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' issue rules and regulations governing the obtaining of the permit provided for in subsection (a) of this Code section which shall include:
(1) Reasonable public notice to an owner of property who, after reasonable efforts, cannot personally be given the notice in subsection (a) of Code Section 22-3-86; (2) Reasonable public notice of the filing of an application for a permit; (3) Provisions for hearings on all applications for such permits; and (4) A requirement that no such permit shall be granted by the division unless, prior to the construction of any portion of the pipeline project for which the use of the power of eminent domain may be required, the pipeline company has submitted the proposed siting

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of such portion of the pipeline project to the division with appropriate notices thereof to affected parties and unless the division director determines after a hearing that the location, construction, and maintenance of such portion of the pipeline are consistent with and not an undue hazard to the environment and natural resources of this state, determined in accordance with the factors set forth in subsection (c) of this Code section. (c) In making the decision required by paragraph (4) of subsection (b) of this Code section, the director shall determine: (1) Whether the proposed route of such portion of the pipeline is an environmentally reasonable route; (2) Whether other corridors of public utilities already in existence may reasonably be used for the siting of such portion of the pipeline; (3) The existence of any local zoning ordinances and that such portion of the project will comply with those ordinances unless to require such compliance would impose an unreasonable burden on the project as weighed against the purpose of such ordinances; (4) That ample opportunity has been afforded for public comment, specifically including but not limited to comment by the governing body of any municipality or county within which the proposed project or any part thereof is to be located; and (5) Such reasonable conditions to the permit as will allow the monitoring of the effect of the pipeline upon the property subjected to eminent domain and the surrounding environment and natural resources. (d) In the event an application under this Code section is not approved or denied within 120 days of the date of the publication of notice required in paragraph (2) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law.

22-3-89. All hearings and appeals on applications for certificates and permits required under this part shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that if the final decision of the Administrative Law Judge on any appeal is not rendered within 120 days from the date of filing of a petition for review, the decision of the director shall be affirmed by operation of law; and provided further that judicial review of the approval or denial of an application under Code Section 22-3-88 shall be governed by Code Section 12-2-1.

22-3-90. When a pipeline company which has obtained the certification and permits required in this part is unable to acquire the property or interest required for such certified or permitted project after reasonable negotiation with the owner of such property or interest, the company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title.

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22-3-91. If the portion of the pipeline route chosen and approved pursuant to Code Section 22-3-88 unreasonably impacts any other property of the same owner which is not acquired by eminent domain as a part of such portion of the project, there shall be a right of compensation available under the laws of eminent domain for the fair market value of any such damage upon the trial of the case of the parcel taken."

SECTION 2. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 4A

22-3-95. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in 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 May 3, 2016.

HEALTH EVIDENCE HIV AND AIDS; PREVENTION AND TESTING; CONFIDENTIALITY.

No. 568 (House Bill No. 1058).

AN ACT

To amend Chapters 17 and 22 of Title 31 and Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to control of venereal disease, clinical laboratories, and the disclosure of AIDS confidential information, respectively, so as to revise various statutes relating to prevention and testing for HIV and AIDS; to revise a provision relating to refusal of a pregnant woman to submit to an HIV test; to provide for consent to medical treatment by a minor at risk of HIV; to eliminate the requirement that the Department of Public Health develop AIDS and HIV counseling brochures; to revise a provision relating to exposure of

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a health care provider to a potentially HIV infected person; to provide that disclosure to a parent or legal guardian of a minor's AIDS confidential information is permissive rather than mandatory; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, is amended by revising subsection (d) of Code Section 31-17-4.2, relating to HIV pregnancy screening, as follows:
"(d) The woman shall be notified of the test to be conducted and shall have the opportunity to refuse the test. A pregnant woman shall submit to an HIV test and a syphilis test pursuant to this Code section unless she specifically refuses. If the woman tests positive for HIV or syphilis, counseling services provided by the Department of Public Health shall be made available to her and she shall be referred to appropriate medical care providers for herself and her child."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 31-17-7, relating to consent of a minor to medical or surgical care or services, as follows:
"(a) The consent to the provision of medical or surgical care or services by a hospital or public clinic or to the performance of medical or surgical care or services by a physician licensed to practice medicine and surgery, when such consent is given by a minor who is or professes to be afflicted with a venereal disease or at risk for HIV, shall be as valid and binding as if the minor had achieved his or her majority, provided that any such treatment shall involve procedures and therapy related to conditions or illnesses arising out of the venereal disease or HIV diagnosis which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmation by reason of minority. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guardian, shall be necessary in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsection."

SECTION 3. Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, is amended by revising paragraph (6) of subsection (a) of Code Section 31-22-9.1, relating to who may perform HIV tests, as follows:
"(6) 'Counseling' means providing the person with information and explanations medically appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information

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regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV."

SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 31-22-9.2, relating to HIV tests, as follows:
"(g) Notwithstanding the other provisions of this Code section, when exposure of a health care provider to any body fluids of a patient occurs in such a manner as to create any risk that such provider might become an HIV infected person if the patient were an HIV infected person, according to current infectious disease guidelines of the Centers for Disease Control and Prevention or according to infectious disease standards of the health care facility where the exposure occurred, a health care provider otherwise authorized to order an HIV test shall be authorized to order any HIV test on such patient and obtain the results thereof:
(1) If the patient or the patient's representative, if the patient is a minor, otherwise incompetent, or unconscious, does not refuse the test after being notified that the test is to be ordered; or (2) If the patient or the patient's representative refuses the test, following compliance with paragraph (1) of this subsection, when at least one other health care provider who is otherwise authorized to order an HIV test concurs in writing to the testing and the patient is informed of the results of the test and is provided counseling with regard to those results."

SECTION 5. Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by revising subsection (c) as follows:
"(c) AIDS confidential information shall be disclosed to the person identified by that information or, if that person is an incompetent person, to that person's legal guardian. AIDS confidential information may be disclosed to such person's parent or legal guardian if that person is a minor."

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

Approved May 3, 2016.

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COURTS STATE GOVERNMENT MANNER OF SERVICE OF ACCUSATIONS OR CITATIONS FOR ORDINANCE VIOLATIONS; JUDGMENTS; PETITIONS FOR JUDICIAL REVIEW OF ADMINISTRATIVE CASES.

No. 569 (House Bill No. 1025).

AN ACT

To amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change provisions relating to service of accusations of or citations for violations of ordinances under certain circumstances; to provide for judgments when service is perfected under such circumstances; to amend Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested cases, so as to revise provisions relating to filing of petitions; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, is amended by revising Code Section 15-10-62, relating to prosecution upon citation or accusation, service, and arrest, as follows:
"15-10-62. (a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state authorities shall be upon citation as provided in Code Section 15-10-63 or upon accusation by such attorney as the state authority may designate. Such attorney shall be the prosecuting attorney in cases tried upon accusation. (b) Except as provided in subsection (c) of this Code section, citations for or accusations of violations of ordinances shall be personally served upon the person accused. Each accusation or citation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct and except that ordinances of state authorities may provide for immediate arrest; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that except as provided in subsection (c) of this Code section, any accused who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his or her future appearance.

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(c)(1) When provided by local law, a citation for or accusation of a violation of an ordinance concerning the condition of real property may be served by:
(A) Posting a copy of it on the door of the premises where the alleged violation occurred; (B) Mailing a copy of it by registered or certified mail or statutory overnight delivery to the owner of such premises at the address of record maintained by the applicable tax commissioner. The certificate of mailing to the accused shall constitute prima-facie evidence of compliance with this subparagraph; and (C) Filing a copy of it with the clerk of magistrate court. (2) Service under paragraph (1) of this subsection shall not be authorized until there has been at least one attempt at personal service on the accused at the address of record of the accused as maintained by the applicable tax commissioner or of the accused's registered agent as maintained by the Secretary of State, provided that such attempt at personal service shall only be required if the accused resides or has a registered agent in this state. (3) When service is perfected as provided in paragraph (1) of this subsection and the accused fails to appear for trial, an in rem judgment and lien against the real property shall be the exclusive penalty."

SECTION 2. Said article is further amended by revising subsection (c) of Code Section 15-10-63, relating to use of citations, as follows:
"(c) Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. Except as provided in subsection (c) of Code Section 15-10-62, a copy of the citation shall be personally served upon the accused; and the original shall promptly be filed with the court."

SECTION 3. Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested administrative cases, is amended by replacing ''action'' with ''appeal'' wherever the former word occurs in subsections (b) and (c).

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

Approved May 3, 2016.

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HEALTH PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT FORM; NOTIFICATION PRIOR TO MODIFICATION.

No. 570 (Senate Bill No. 305).

AN ACT

To amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to require the department to provide certain notification prior to modification of the Physician Orders for Life-Sustaining Treatment form; to provide for related matters; to repeal conflicting laws; and for purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended in Code Section 31-1-14, relating to Physician Orders for Life-Sustaining Treatment (POLST) forms, by revising subsection (b) as follows:
"(b) The department shall develop and make available a Physician Orders for Life-Sustaining Treatment form. On and after July 1, 2016, the department shall notify the chairpersons and each member of the House Committee on Health and Human Services and the Senate Health and Human Services Committee at least 60 days prior to implementing any modification of the POLST form. Such form shall provide directions regarding the patient's end of life care and may be voluntarily executed by either a patient who has decision-making capacity and an attending physician or, if the patient does not have decision-making capacity, by the patient's authorized person and an attending physician; provided, however, that this shall not prevent a health care facility from imposing additional administrative or procedural requirements regarding a patient's end of life care decisions. A POLST form may be executed when a patient has a serious illness or condition and the attending physician's reasoned judgment is that the patient will die within the next 365 days; provided, however, that a POLST form may be executed at any time if a person has been diagnosed with dementia or another progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. A POLST form, if signed by an authorized person, shall indicate the relationship of the authorized person to the patient pursuant to paragraph (3) of Code Section 31-39-2."

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

Approved May 3, 2016.

__________

REVENUE AND TAXATION REDEMPTION PRICE FOR LAND SOLD UNDER TAX EXECUTION; DISTRIBUTION OF TITLE AD VALOREM TAXES; SALES AND USE TAX EXEMPTIONS FOR CERTAIN FIRE DISTRICTS AND QUALIFIED JOB TRAINING ORGANIZATIONS.

No. 571 (Senate Bill No. 379).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions relating to the amount payable at redemption; to provide for the distribution of certain proceeds of the alternative ad valorem tax on motor vehicles; to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; to provide for a limited period of time an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide for procedures, conditions, and limitations; to provide for a sunset 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 revising Code Section 48-4-40, relating to persons entitled to redeem land sold under tax execution, as follows:
"48-4-40. Whenever any real property is sold under or by virtue of an execution issued for the collection of state, county, municipal, or school taxes or for special assessments, the defendant in fi. fa. or any person having any right, title, or interest in or lien upon such property may redeem the property from the sale by the payment of the amount required for redemption, as fixed and provided in Code Section 48-4-42:
(1) At any time within 12 months from the date of the sale; and

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(2) At any time after the sale until the right to redeem is foreclosed by the giving of the notice provided for in Code Section 48-4-45."

SECTION 2. Said title is further amended by revising Code Section 48-4-42, relating to the amount payable for redemption, as follows:
"48-4-42. (a) The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter shall with respect to any sale made after July 1, 2002, be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus:
(1) Any taxes paid on the property by the purchaser after the sale for taxes; (2) Any special assessments on the property; and (3) A premium of 20 percent of the amount for the first year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made and 10 percent for each year or fraction of a year thereafter. (b) If redemption is not made until more than 30 days after the notice provided for in Code Section 48-4-45 has been given, there shall be added to the sums set forth in subsection (a) of this Code section the sheriff's cost in connection with serving the notice and the cost of publication of the notice, if any. (c) With respect to any sale made after July 1, 2016, there shall be added to the sums set forth in subsections (a) and (b) of this Code section any sums: (1) Paid from the date of the tax sale to the date of redemption to a property owners' association, as defined in Code Section 44-3-221, in accordance with Code Section 44-3-232; (2) Paid to a condominium association, that is an association, as defined in Code Section 44-3-71, in accordance with Code Section 44-3-109; or (3) Paid to a homeowners' association established by covenants restricting land to certain uses related to planned residential subdivisions. (d) All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchaser's successors."

SECTION 3. Said title is further amended in Code Section 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report, by revising subparagraph (c)(3)(A) as follows:
"(A) The tag agent of the county shall within 20 days following the end of each calendar month allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, the board of education of any independent school district located in such county, the water and sewerage authority for which the county has levied an ad valorem tax in accordance with a local constitutional amendment, and in a county in which a sales and

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use tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the governing body of the transportation authority created by the Metropolitan Atlanta Rapid Transit Authority Act of 1965, Ga. L. 1965, p. 2243, as amended, and the amendment to the Constitution set out at Ga. L. 1964, p. 1008, an amount of those proceeds necessary to offset any reduction in (i) ad valorem tax on motor vehicles collected under Chapter 5 of this title in the taxing jurisdiction of each governing authority, school district, and water and sewerage authority from the amount of ad valorem taxes on motor vehicles collected under Chapter 5 of this title in each such governing authority, school district, and water and sewerage authority during the same calendar month of 2012 and (ii) with respect to the transportation authority, the monthly average portion of the sales and use tax levied for purposes of a metropolitan area system of public transportation applicable to any motor vehicle titled in a county which levied such tax in 2012. Such amount of tax may be determined by the commissioner for counties which levied such tax in 2012, and any counties which subsequently levy a tax pursuant to a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the governing body of the transportation authority created by the Metropolitan Atlanta Rapid Transit Authority Act of 1965, Ga. L. 1965, p. 2243, as amended, and the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the Commissioner may determine what amount of sales and use tax would have been collected in 2012, had such tax been levied. This reduction shall be calculated, with respect to (i) above, by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of this title in that taxing jurisdiction in the same calendar month of 2012. In the event that the local title ad valorem tax fee proceeds are insufficient to fully offset such reduction in ad valorem taxes on motor vehicles or the portion of the sales and use tax described in (ii) above, the tag agent shall allocate a proportionate amount of the proceeds to each governing authority, the board of education of each such school district, the water and sewerage authority, and the transportation authority, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; and"

SECTION 4. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxes, by revising paragraph (1), by deleting "or" at the end of paragraph (95), by replacing the period with "; or" at the end of paragraph (96), and by adding a new paragraph to read as follows:

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"(1) Sales to the United States government, this state, any county or municipality of this state, fire districts which have elected governing bodies and are supported by, in whole or in part, ad valorem taxes, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds;"
"(97)(A) For the period beginning July 1, 2017, and ending June 30, 2020, sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For the purposes of this paragraph, the term 'qualified job training organization' means an organization which:
(i) Is located in this state; (ii) Is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities, including, but not limited to, reentry citizens who shall be persons released from incarceration, persons with disabilities, and veterans; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' means any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, Article 2A, Part 1 or Part 2 of Article 3, Article 4, or Article 5 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) Any qualified job training organization which is granted an exemption under this paragraph shall provide an annual report to the department which contains, but is not limited to, the following: (i) The number of individuals trained in the program; (ii) The number of individuals employed by the organization after receiving such training; and (iii) The number of individuals employed in full-time positions outside the organization after such training. Such data shall be compiled by the department and presented to the House Committee on Ways and Means and the Senate Finance Committee for consideration prior to any renewal or extension of the exemption provided by this paragraph. (E) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."

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

Approved May 3, 2016.

__________

STATE GOVERNMENT BONA FIDE COIN OPERATED AMUSEMENT MACHINES; DUPLICATE STICKER FEE; PROHIBIT STICKER REMOVAL WITHOUT AUTHORIZATION; NONCASH REDEMPTION NOT REVENUE FOR CERTAIN PURPOSES; IMPROPER PLACEMENT PENALTIES; PROHIBIT CERTAIN ACTIONS; UNFAIR METHODS OF COMPETITION AND UNFAIR AND DECEPTIVE ACTS; TERMS OF CERTAIN AGREEMENTS; HEARINGS.

No. 572 (Senate Bill No. 388).

AN ACT

To amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide a fee for a duplicate sticker; to prohibit the removal of a sticker without authorization; to provide that noncash redemption earned by a player shall not be deemed revenue from Class B machines for certain purposes; to revise the penalties for improper placement of machines; to prohibit certain actions with regard to bona fide coin operated amusement machines; to provide that certain unfair methods of competition and unfair and deceptive acts shall be unlawful; to provide for the terms of certain agreements; to provide for service in cases of disputes between licensees and location owners or operators; to provide for default judgments in certain circumstances; to provide for delays in hearings for good cause; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, is amended by revising Code Section 50-27-74, relating to right to notice and hearing, service of notice, and establishment of procedures, by adding a new subsection to read as follows:
"(d) At the time that a master licensee receives notice of a potential revocation of its master license as provided in this Code section, the master licensee shall be prohibited from assigning, selling, or otherwise transferring any of its contracts with location owners or location operators to any other master licensee or other person, and such prohibition shall remain in effect unless or until a final decision, not subject to further appeal, is rendered which does not result in the revocation of the master license. After a master license is revoked by final order and no other appeals are available, any contracts between a master licensee and a location owner or location operator for the providing of bona fide coin operated amusement machines shall be null and void. Nothing in this subsection shall prevent a location owner or location operator from exercising any contractual right to place machines of another master licensee in such location."

SECTION 2. Said article is further amended by revising subsection (d) of Code Section 50-27-78, relating to payment and collection of annual permit fee, permit stickers, and treatment of fees, and adding a new subsection to read as follows:
"(d) The corporation may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $25.00 for each Class A machine and $125.00 for each Class B machine. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void." "(h) It shall be unlawful to remove or deface a sticker which is attached to a machine without authorization by the owner of the machine or the corporation. A violation of this subsection shall be a misdemeanor."

SECTION 3. Said article is further amended by revising paragraph (3) of subsection (a) and paragraph (1) of subsection (b) of Code Section 50-27-84, relating to limitation on percent of monthly gross retail receipts derived from machines, monthly verified reports, issuance of fine or revocation or suspension of license for violations, and submission of electronic reports, as follows:

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"(3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. The sale of goods or services for which the business will receive only a commission shall not include the sale of any item which the business has purchased for resale. Revenue shall not include the sale of goods and services at wholesale." "(b)(1) No location owner or location operator shall derive more than 50 percent of such location owner's or location operator's monthly gross retail receipts for the business location in which the Class B machine or machines are situated from such Class B machines; provided, however, that revenues that are due to a master licensee or the corporation or noncash redemption that is earned by the player shall not be deemed revenue derived from Class B machines."

SECTION 4. Said article is further amended by revising subsection (b) of Code Section 50-27-87, relating to master licenses and requirements and restrictions for licensees, as follows:
"(b)(1) No bona fide coin operated amusement machine, its parts, or software or hardware shall be placed or leased in any location owner's or location operator's establishment except by a master licensee and only if the owner or agent of the location owner or location operator has entered into a written agreement with a master licensee for placement of the bona fide coin operated amusement machine. Beginning on July 1, 2013, no person with or applying for a location owner's or location operator's license shall have an interest in any person or immediate family member of a person with a master license, or doing business as a distributor, or manufacturer in this state. A location owner or location operator may sell a bona fide coin operated amusement machine to anyone except another location owner or location operator. Failure to adhere to this subsection shall result in a fine of up to $50,000.00 and loss of the location owner's or location operator's license for a period of one to five years per incident and subject the location owner or location operator to the loss of any other state or local licenses held by the location owner or location operator. The corporation shall notify any state or federal agency that issues a license to such location owner or location operator of the breach of its duties under this article. (2) A copy of the written agreement shall be on file in the master licensee's and the location owner's and location operator's place of business and available for inspection by individuals authorized by the corporation.
(3)(A) Any written agreement entered into after April 10, 2013, shall be exclusive as between one bona fide coin operated amusement machine master licensee and one location owner or location operator per location. Any agreement entered into before April 10, 2013, shall not be deemed void for failure to allocate revenue pursuant to Code Section 50-27-87.1 or 50-27-102, and notwithstanding any agreements between

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master licensees and location owners and location operators, both shall act in a manner that complies with this chapter. (B) Any agreement entered into or renewed after the effective date of this subparagraph shall be for at least one year. (C) Any applicant for a new location license for a location where machines have been placed at any time in the immediately preceding nine months shall either:
(i) Not place machines in such location for nine months from the date of the granting of the location license; or (ii) Formally accept an assignment of the written agreement between the master licensee and the immediately preceding location owner or location operator; provided, however, that the master licensee may refuse to assign the written agreement. For the purposes of division (ii) of this subparagraph, the master licensee is the master licensee that, in the nine months preceding the application for a new location license, had the last written agreement with the immediately preceding location owner or location operator or the master licensee that, in the nine months preceding the application for a new location license, had requested or commenced a hearing pursuant to Code Section 50-27-102, whichever had machines placed in the location first."

SECTION 5. Said article is further amended by revising paragraphs (2) and (4) of subsection (d) of Code Section 50-27-102, relating to role of corporation, implementation and certification, separation of funds and accounting, and disputes, as follows:
"(2) The corporation shall have jurisdiction of all disputes between and among any licensees or former licensees whose licenses were issued pursuant to this article relating in any way to any agreement involving coin operated amusement machines, distribution of funds, tortious interference with contract, other claims against a subsequent master license holder or location owner, or any other claim involving coin operated amusement machines; provided, however, that this paragraph shall not apply to any agreement which expired on or before April 10, 2013. Except as provided in paragraph (1) of this subsection, the corporation shall refer any dispute certified by any master licensee against any other master licensee or any location owner or location operator or by any location owner or location operator against any master licensee to a hearing officer. For the purpose of service on licensees with respect to disputes, each licensee or former licensee shall register and keep current with the corporation the name of an agent and his or her address and an email address which shall be made available to any licensee on request. Service by registered mail, courier delivery, or overnight mail delivered to the agent's registered address and to the email address shall be adequate service on the licensee for a hearing on the dispute. All disputes subject to the provisions of this Code section certified by a master licensee, location owner, or location operator shall be decided by a hearing officer approved or appointed by the corporation. The corporation shall adopt rules and regulations governing the selection of hearing officers after consultation with

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the Bona Fide Coin Operated Amusement Machine Operator Advisory Board. Costs of the hearing officer's review, including any hearing set pursuant to this Code section, shall be shared equally between the parties in the dispute unless provided otherwise in the agreement or by the hearing officer; provided, however, that the corporation shall not be responsible for any of the costs associated with the dispute resolution mechanism set forth in this Code section. If any party fails to timely pay the costs of the hearing officer's review within ten days of service of notice of costs by the hearing officer, the hearing officer shall grant a default judgment on liability against the nonpaying party. The hearing officer shall then consider evidence related to damages or any other relief and shall render judgment based upon a preponderance of the evidence." "(4) If requested by the master licensee or the location owner or location operator, the hearing officer shall conduct a hearing as to the dispute, but in no case unless extended by the hearing officer for good cause shall the hearing officer conduct a hearing more than 90 days after he or she has been appointed or selected to decide the dispute. No Class B bona fide coin operated amusement machine that is subject to the dispute resolution mechanism required by this Code section shall be removed from the terminal by a master licensee, location owner, or location operator or otherwise prevented by a master licensee, location owner, or location operator from play by the public until a final decision is entered and all appellate rights have been exhausted, or until the master licensee and location owner or location operator agree to a resolution, whichever occurs first."

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

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

Approved May 3, 2016.

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MOTOR VEHICLES AND TRAFFIC REGULATION OF TRANSPORTATION FOR HIRE; INSPECTION OF LIMOUSINE CARRIERS; REGISTRATION OF TAXI SERVICES; INSURANCE REQUIREMENTS FOR TAXI SERVICES; NONRESIDENTS OPERATING VEHICLES IN THIS STATE; FOR-HIRE ENDORSEMENT QUALIFICATIONS; ENHANCED PENALTIES FOR SECOND AND SUBSEQUENT CONVICTIONS OF VIOLATION OF CODE SECTION 40-5-81.

No. 573 (Senate Bill No. 320).

AN ACT

To revise provisions relating to the regulation of transportation for hire; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to clarify inspections of limousine carriers; to provide for the registration of taxi services; to revise insurance requirements for taxi services; to revise the exemptions afforded to nonresidents who have in their immediate possession a valid driver's license issued to them in their home state or country; to remove the requirement for proof of insurance in order to obtain a for-hire endorsement; to provide for enhanced penalties for a second or subsequent conviction under Code Section 40-5-81; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-1-154, relating to regulation of carriers on safety of equipment and annual inspections, as follows:
"40-1-154. Limousine carriers shall comply with the applicable provisions of Code Section 40-1-8."

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"40-1-193.1. (a) Each taxi service doing business or operating in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such taxi service which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00.

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(b) Each taxi service doing business or operating in this state shall maintain a current list of all drivers utilized by such taxi service in this state, whether as employees or independent contractors. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title. (c) Each taxi service doing business or operating in this state shall:
(1) Take all necessary steps to determine that each driver utilized by such taxi service, whether as an employee or independent contractor, possesses and maintains any required permits or licenses required by the federal government or this state; (2) Ensure that each driver utilized by such taxi service, whether as an employee or independent contractor, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39; (3) Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers utilized by such taxi service, whether as an employee or independent contractor; (4) Obtain and maintain personal injury and property damage liability insurance, which shall provide for the protection of passengers and property carried and of the public against injury in the coverage amounts as required by law; and (5) Comply with the provisions of Code Section 40-8-7. No vehicle inspections shall be required for vehicles used by taxi services. (d) The department or any county, municipality, or consolidated government may require proof of insurance or proof of payment of such insurance in the coverage amounts as required by law and may verify such insurance when issuing or renewing a certificate of public necessity and convenience or medallion."

SECTION 3. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 40-5-21, relating to driver's license exemptions generally, as follows:
"(2) A nonresident who has in his or her immediate possession a valid driver's license issued to him or her in his or her home state or country; provided, however, that such person would otherwise satisfy all requirements to receive a Georgia driver's license; and provided, further, that in the case of a driver's license issued by the driver's licensing authority of a foreign country, a law enforcement officer may consult such person's passport or visa to verify the validity of such license, if available."

SECTION 4. Said title is further amended by revising subsection (b) of Code Section 40-5-39, relating to requirements for operation of a motor vehicle for hire, for-hire license endorsements and eligibility, term, and background checks, as follows:

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"(b) The department shall provide a for-hire license endorsement for any qualified person under this Code section. In order to be eligible for such endorsement, an applicant shall:
(1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; (3) Not have been convicted, been on probation or parole, or served time on a sentence for a period of seven years previous to the date of application for any felony or any other crime of moral turpitude or a pattern of misdemeanors that evidences a disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person has been free from custody and free from supervision for at least seven years shall not be considered a conviction unless the conviction is for a dangerous sexual offense which is contained in Code Section 42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense; (4) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (5) Be a United States citizen or, if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law."

SECTION 5. Said title is further amended by revising subsection (d) of Code Section 40-5-81, relating to program optional, certification and approval of courses, and prohibited behavior by a clinic or program, as follows:
"(d) 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 offer, for purposes of the enrollment or solicitation of any student or prospective student, any item of monetary value, including but not limited to United States legal tender, food, gasoline cards, debit gift cards, or merchant gift cards to any:
(1) Student or agent or legal representative of a student;

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(2) Employee or agent of a private company which has contracted with a county, municipality, or consolidated government to provide probation services pursuant to Article 6 of Chapter 8 of Title 42; (3) Law enforcement officer; or (4) Officer or employee of the judicial branch or a court. A violation of this subsection shall be a misdemeanor. In addition to all other penalties available at law, any person convicted of a second or subsequent offense under this subsection shall have his or her license to operate a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program under this article revoked."

SECTION 6. This Act shall become effective on January 1, 2017.

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

Approved May 3, 2016.

__________

MOTOR VEHICLES AND TRAFFIC REVENUE AND TAXATION DEFINITION OF DISABLED VETERAN.

No. 595 (House Bill No. 862).

AN ACT

To amend provisions of the Official Code of Georgia Annotated relating to disabled veterans; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to clarify the definition of disabled veteran; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to clarify the definition of disabled veteran; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subsection (a) of Code Section 40-2-69, relating to free license plates and revalidation decals for disabled veterans, as follows:
"(a) Any disabled veteran who is a citizen and resident of this state shall, upon application therefor, be issued a free motor vehicle license plate. As used in this Code section, the term 'disabled veteran' shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 48-5-48."

SECTION 2. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising paragraph (1) of subsection (a) of Code Section 48-5-48, relating to the homestead exemption for disabled veterans, as follows:
"(a) As used in this Code section, the term 'disabled veteran' means: (1) Any veteran who is a citizen and a resident of this state who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as having a service related disability that renders such veteran as being 100 percent totally disabled or as being less than 100 percent totally disabled but is compensated at the 100 percent level due to individual unemployability or is entitled to receive a statutory award from the United States Department of Veterans Affairs for: (A) Loss or permanent loss of use of one or both feet; (B) Loss or permanent loss of use of one or both hands; (C) Loss of sight in one or both eyes; or (D) Permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye;"

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 48-5-478, relating to the exemption from ad valorem taxation for motor vehicles owned or leased by a disabled veteran, as follows:
"(a) A motor vehicle owned by or leased to a disabled veteran who is a citizen and resident of this state and on which such disabled veteran actually places the free disabled veteran motor vehicle license plate he or she receives pursuant to Code Section 40-2-69 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes. As used in this Code section, the term 'disabled veteran' shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 48-5-48."

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

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

Approved May 3, 2016.

__________

REVENUE AND TAXATION STATE SALES AND USE TAXES; EXEMPTION FOR PROJECTS OF REGIONAL
SIGNIFICANCE; EXCISE TAX ON RENTAL CAR CHARGES; EXTEND SUNSET DATES.

No. 596 (House Bill No. 937).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the sunset provision for the exemption for projects of regional significance; to amend Code Section 48-13-93 of the Official Code of Georgia Annotated, relating to the excise tax on rental car charges, so as to extend the sunset on the excise tax on rental cars; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by revising paragraph (93) as follows:
"(93)(A) For the period commencing January 1, 2012, until June 30, 2019, 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, 2019.

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(C) The department shall not be required to pay interest on any refund claims filed for local sales and use taxes paid on purchases made prior to the implementation of this paragraph. (D) As used in this paragraph, the term 'competitive project of regional significance' means the location or expansion of some or all of a business enterprise's operations in this state where the commissioner of economic development determines that the project would have a significant regional impact. The commissioner of economic development shall promulgate regulations in accordance with the provisions of this paragraph outlining the guidelines to be applied in making such determination;"

SECTION 2. Code Section 48-13-93 of the Official Code of Georgia Annotated, relating to the excise tax on rental car charges, is amended by revising paragraph (4) of subsection (a) as follows:
"(4) Any tax levied pursuant to this article shall terminate not later than December 31, 2047. Following the termination of the tax, any county or municipality which has levied a tax pursuant to this article shall not thereafter be again authorized to levy a tax under this article."

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

Approved May 3, 2016.

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CRIMES AND OFFENSES DOMESTIC RELATIONS SOCIAL SERVICES CHILD ABUSE AND PROTECTION OF CHILDREN AND YOUTH.

No. 597 (House Bill No. 905).

AN ACT

To amend Article 2 of Chapter 3 of Title 16, Title 19, and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to justification and excuse, domestic relations, and programs and protection for children and youth, respectively, so as to change provisions relating to child abuse and the protection of children and youth; to provide for immunity from criminal liability for possession of certain materials or images under certain circumstances; to change and provide for defined terms; to change provisions relating to protocol committees on child abuse; to establish a public scorecard for child welfare agencies

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under the Department of Human Services; to define certain terms; to increase fines for certain offenses; to provide that the department shall coordinate contract and licensure compliance inspections for any affected agency or division including the Division of Family and Children Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the Department of Community Health; to remove certain reporting requirements to the child abuse registry; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse, is amended by adding a new Code section to read as follows:
"16-3-22.1. (a) Any person that in good faith has possession of materials or images in violation of Article 3 of Chapter 12 of this title and immediately notifies law enforcement officials or any person that is required by Code Section 19-7-5 to report suspected child abuse, or makes such notification within 72 hours from the time there is reasonable cause to believe such person is in possession of such materials or images, shall be immune to the same extent as a law enforcement officer would be immune from criminal liability for such possession. (b) The official report of the law enforcement agency or the Division of Family and Children Services of the Department of Human Services shall create a rebuttable presumption of good faith and reasonableness on the part of the person that has possession. (c) The purpose of this Code section is to provide for those persons that act in good faith to assist law enforcement officers or the Division of Family and Children Services of the Department of Human Services when the health and safety of a child are being adversely affected and threatened by the conduct of another. This Code section shall be liberally construed so as to carry out the purposes thereof."

SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising subsection (b) of Code Section 19-7-5, relating to reporting of child abuse, as follows:
"(b) As used in this Code section, the term: (1) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681. (2) 'Abused' means subjected to child abuse. (3) 'Child' means any person under 18 years of age. (4) 'Child abuse' means:

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(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Endangering a child; (D) Sexual abuse of a child; or (E) Sexual exploitation of a child. However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an abused child. (5) 'Child service organization personnel' means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children. (6) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization. (6.1) 'Endangering a child' means: (A) Any act described by subsection (d) of Code Section 16-5-70; (B) Any act described by Code Section 16-5-73; (C) Any act described by subsection (l) of Code Section 40-6-391; or (D) Prenatal abuse, as such term is defined in Code Section 15-11-2. (7) 'Pregnancy resource center' means an organization or facility that: (A) Provides pregnancy counseling or information as its primary purpose, either for a fee or as a free service; (B) Does not provide or refer for abortions; (C) Does not provide or refer for FDA approved contraceptive drugs or devices; and (D) Is not licensed or certified by the state or federal government to provide medical or health care services and is not otherwise bound to follow the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or federal laws relating to patient confidentiality. (8) 'Reproductive health care facility' means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, or gynecological care and services. (9) 'School' means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education. (10) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not such person's spouse to engage in any act which involves:

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(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Sexual abuse shall include consensual sex acts when the sex acts are between minors if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (11) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."

SECTION 3. Said title is further amended by revising Code Section 19-15-1, relating to definitions for child abuse, as follows:
"19-15-1. As used in this chapter, the term:
(1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child.

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(4) 'Child advocacy center' means an entity which is operated for the purposes of investigating known or suspected child abuse and treating a child or a family that is the subject of a report of child abuse and which:
(A) Has been created and supported through one or more intracommunity compacts between such center and:
(i) One or more law enforcement agencies within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; (ii) The office of the district attorney, Attorney General, or United States Attorney General; (iii) A legally mandated public or private child protective agency within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; (iv) A mental health board within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; or (v) A community health service board within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; and (B) Has been approved by a protocol committee. (5) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Public Health, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services or any county board of health, community service board, or county department of family and children services. (6) 'Investigation' in the context of child death includes all of the following: (A) A post-mortem examination which may be limited to an external examination or may include an autopsy; (B) An inquiry by law enforcement agencies having jurisdiction into the circumstances of the death, including a scene investigation and interview with the child's parents, guardian, or caretaker and the person who reported the child's death; and (C) A review of information regarding the child and family from relevant agencies, professionals, and providers of medical care. (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 pursuant to Code Section 19-15-2. (9) 'Report' means a standardized form designated by the panel which is required for collecting data on child fatalities reviewed by local child fatality review committees. (10) 'Review committee' means a multidisciplinary, multiagency child fatality review committee established for a county or circuit pursuant to Code Section 19-15-3.

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(11) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not such person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Sexual abuse shall include consensual sex acts when the sex acts are between minors if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (12) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."

SECTION 4. Said title is further amended by revising Code Section 19-5-2, relating to protocol committee on child abuse, as follows:
"19-15-2. (a) Except as provided in paragraph (3) of subsection (b) of this Code section, 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)(1) 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. (2) After the establishment of a protocol committee, the committee members shall elect a chairperson from the protocol committee's membership. The protocol committee shall

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be charged with developing local protocols for the investigation and prosecution of alleged cases of child abuse. (3) When a judicial circuit is composed of more than one county, the protocol committee shall determine if it shall be established for each county in the judicial circuit or if it will serve all of the counties within the judicial circuit. (c)(1) Each of the following individuals, agencies, and entities shall designate a representative to serve on a protocol committee established pursuant to paragraph (1) of subsection (b) of this Code section:
(A) The sheriff; (B) The county department of family and children services; (C) The district attorney for the judicial circuit; (D) The presiding 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; and (K) The coroner or county medical examiner. (2) Each of the following individuals, agencies, and entities shall designate a representative to serve on a protocol committee established pursuant to paragraph (3) of subsection (b) of this Code section: (A) The sheriff of each county in the judicial circuit; (B) The county department of family and children services of each county in the judicial circuit; (C) The district attorney for the judicial circuit; (D) The presiding juvenile court judge of each county in the judicial circuit; (E) The chief magistrate of each county in the judicial circuit; (F) Each board of education in the judicial circuit; (G) The county mental health organization of each county in the judicial circuit; (H) The chief of police of each county in the judicial circuit, if any; (I) The chief of police of the largest municipality in the judicial circuit; (J) The county public health department of each county in the judicial circuit; and (K) The coroner or county medical examiner of each county in the judicial circuit. (3) A representative of a local child advocacy center shall serve on a protocol committee established under paragraph (1) or (3) of subsection (b) of this Code section if one exists in such location. (4) A representative of a sexual assault center shall serve on a protocol committee established under paragraph (1) or (3) of subsection (b) of this Code section if one exists in such location.

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(5) In addition to the representatives serving on the protocol committee as provided for in paragraphs (1) through (4) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention to serve on such protocol committee. (6) 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 chairperson shall be responsible for ensuring that written protocol procedures are followed by all agencies. Such person may 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 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 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. The protocol committee shall file the updated protocol 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 not later than the first day of September each year. (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

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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 within the county or circuit, as the case may be, 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 or circuit, as the case may be, 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 Office of the Child Advocate for the Protection of Children, and the chief superior court judge of the circuit. (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 include a written sexual abuse and sexual exploitation section within its 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 section of the protocol shall outline 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. The sexual abuse and sexual exploitation section of the protocol shall be consistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Services. The sexual abuse and sexual exploitation section of the 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 section of the 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 5. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding a new Code section to read as follows:

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"49-5-4.1. (a) As used in this Code section, the term:
(1) 'Affected agency' means any state agency, department, division, or office which requires a license or commission from the department for child welfare agencies, including, but not limited to, the Division of Family and Children Services, Department of Human Services, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Community Health. (2) 'Child welfare agency' means any child-caring institution, child-placing agency, children's transition care center, or maternity home. (3) 'Services' means direct care, treatment, custodial responsibilities, or any combination thereof provided for children. (b) The Department of Human Services, in conjunction with other affected agencies and representatives of child welfare agencies, shall establish a child welfare agency public scorecard to score child welfare agencies. Affected agencies shall cooperate with the department to develop and establish the child welfare agency public scorecard. (c) The public scorecard for child welfare agencies and any explanation for the basis of any score on the scorecard shall be published in a single location on a website for public review. Such website shall provide scores for each child welfare agency by the affected agency that is responsible for the regulation of or contracting with each particular child welfare agency. The score shall be posted within 30 days of the completion of an inspection or, if appealed pursuant to subsection (e) of this Code section, the revised score, if any, shall be posted within 30 days of the conclusion of the appeal. (d) The scores shall be based on an established published formula with weight appropriately given for each agency's compliance or noncompliance with applicable laws; rules; contracts; court orders; measures of treatment; behavioral, vocational, and educational outcomes for persons receiving services; and other pertinent information, based on empirical evidence to the greatest extent possible. (e) The department shall provide child welfare agencies with advanced written notice of the scores to be posted. A child welfare agency may contest a score in accordance with department rules by filing a written appeal with the department within ten days from receipt of such notice. If a child welfare agency contests such score, the department shall note on the website that the score is under appeal, until such appeal is concluded. Within ten days of receipt of a child welfare agency's written contest of a score, the department shall hold a meeting with the child welfare agency and any affected agency whose score is contested. The meeting shall be for the parties to discuss the score and basis for the score. Within 30 days after the meeting, the commissioner's designee shall issue written notice confirming or revising the score. After issuance of such written notice, the child welfare agency may contest the score as a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open

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hearing would be detrimental to the physical or mental health of any child who will testify at such hearing. (f) In consultation with other affected agencies, the department shall promulgate rules and regulations consistent with this Code section, including establishing criteria which must be met in order for a child welfare agency to contest or appeal a score. (g) Nothing in this Code section shall be construed to affect the ability of any affected agency, in its sole discretion, to contract with any child welfare agency or to exercise the rights of the affected agency under the terms and conditions of any existing contract with a child welfare agency."

SECTION 6. Said chapter is further amended by revising subsections (p) and (q) of Code Section 49-5-12, relating to licensing and inspection of child welfare agencies, standards, revocation or refusal to license, penalties, and violations, as follows:
"(p) Any child welfare agency that shall operate without a license or commission issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each such offense. Each day of operation without a license or commission shall constitute a separate offense. (q) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed or commissioned by the department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $500.00 nor exceeding $1,000.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in or contemplating adoption proceedings. Nothing in this Code section shall be construed to prohibit an individual seeking to:
(1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Article 1 of Chapter 8 of Title 19; or (2) Have that individual's child or children placed for adoption from placing that individual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Article 1 of Chapter 8 of Title 19."

SECTION 7. Said chapter is further amended by adding a new Code section to read as follows:
"49-5-12.3. (a) As used in this Code section, the term:

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(1) 'Affected agency' means any state agency, department, division, or office which requires a license or commission from the department for child welfare agencies, including, but not limited to, the Division of Family and Children Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Community Health. (2) 'Annual inspection' means an inspection of a child welfare agency's facility, books, minutes, financial statements, files, employees, programs, and contracts to ensure contract compliance and licensure compliance. (3) 'Child welfare agency' means any child-caring institution, child-placing agency, children's transition care center, or maternity home. (4) 'Contract compliance' means adherence to the terms of a contract a child welfare agency has with an affected agency to provide child welfare services. (5) 'Licensure compliance' means adherence to licensing or commissioning requirements established pursuant to and in accordance with Code Section 49-5-12. (b) The department shall ensure that the annual inspection of each child welfare agency is performed by all affected agencies in a singular coordinated manner. Affected agencies shall not duplicate the annual inspection but shall cooperate and assist the department with the annual inspection. Affected agencies shall share the results of annual inspection with other applicable affected agencies. (c) The annual inspection shall not occur sooner than 330 days or later than 390 days after the date on which the last annual inspection began and shall not exceed five days. Affected agencies may reduce the extent of the annual inspection by reducing the frequency or the extent of the inspection for contract compliance when the child welfare agency has shown an exceptional history of contract compliance as determined upon past scores; provided, however, that such reduction does not violate federal law, court order, or settlement agreement. (d) A child welfare agency may contest the results of an annual inspection, in accordance with department rules, by filing a written appeal with the affected agency within ten days of receipt of the affected agency's annual inspection report. Within ten days of receipt of a child welfare agency's written appeal of the annual inspection, the affected agency shall hold a meeting with the child welfare agency. The meeting shall be for the parties to discuss the annual inspection. (e) The annual inspection shall not limit the ability of affected agencies and other state departments, divisions, and agencies to ensure the safety and well-being of children in the care of child welfare agencies or to inspect, investigate, or respond as required by court order, settlement agreement, or federal law. (f) In consultation with other affected agencies, the department shall promulgate rules and regulations consistent with this Code section, including establishing criteria which must be met in order for a child welfare agency to contest or appeal an evaluation. (g) Nothing in this Code section shall be construed to affect the ability of any affected agency, in its sole discretion, to contract with any child welfare agency or to exercise the

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rights of the affected agency under the terms and conditions of any existing contract with a child welfare agency."

SECTION 8. Said chapter is further amended by revising Article 8, relating to the central child abuse registry, as follows:

"ARTICLE 8

49-5-180. As used in this article, the term:
(1) 'Abuse investigator' means the division, any county department, or any designee thereof. (2) 'Alleged child abuser' means an individual named in an abuse investigator's report as having committed a substantiated case. (3) 'Child' means an individual under 18 years of age. (4) 'Child abuse' shall have the same meaning as in paragraph (4) of subsection (b) of Code Section 19-7-5. (5) 'Child abuse registry' means the Child Protective Services Information System. (6) 'Division' means the Division of Family and Children Services of the department. (7) 'Out-of-state abuse investigator' means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article. (8) 'Sexual abuse' shall have the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5. (9) 'Sexual exploitation' shall have the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5. (10) 'Substantiated case' means an investigation of a child abuse report by an abuse investigator which has been confirmed based upon a preponderance of the evidence that child abuse has occurred.

49-5-181. (a) The division shall establish and maintain a central child abuse registry which shall be known as the 'Child Protective Services Information System.' The child abuse registry shall receive notice regarding substantiated cases occurring on and after July 1, 2016, reported to the division pursuant to Code Section 49-5-182. (b) The child abuse registry shall be operated in such a manner as to enable abuse investigators to:
(1) Immediately identify and locate substantiated cases; and (2) Maintain and produce aggregate statistical data of substantiated cases.

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49-5-182. An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or otherwise and determines that it is a substantiated case if the alleged child abuser was at least 13 years of age at the time of the commission of the act shall notify the division within 30 business days following such determination. Such notice may be submitted electronically and shall include the following: (1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the parents, custodian, or caretaker of the child alleged to have been abused, if known; (3) Name, age, sex, race, social security number, and birthdate of the person who committed the substantiated case; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (4) of subsection (b) of Code Section 19-7-5 as either sexual abuse, physical abuse, child neglect, or a combination thereof.

49-5-183. (a) Upon receipt of an investigator's report of a substantiated case pursuant to Code Section 49-5-182 naming an alleged child abuser, the division:
(1) Shall include in the child abuse registry the name of the alleged child abuser, the classification of the abuse as provided in paragraph (4) of Code Section 49-5-182, and a copy of the investigator's report; and (2) Shall mail to such alleged child abuser in such report a notice regarding the substantiated case via certified mail, return receipt requested. It shall be a rebuttable presumption that any such notice has been received if the return receipt has been received by the division. The notice shall further inform such alleged child abuser of his or her right to a hearing to appeal such determination. The notice shall further inform such alleged child abuser of the procedures for obtaining the hearing and that an opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. (b) Any alleged child abuser who has not attained the age of majority set forth by Code Section 39-1-1 at the time of the hearing requested pursuant to subsection (d) of this Code section shall be entitled to representation at the hearing either by the alleged child abuser's parent or other legal guardian or by an attorney employed by such parent or guardian. In the event the administrative law judge conducting the hearing determines that any such alleged minor child abuser will not be so represented at the hearing, or that the interests of any such alleged minor child abuser may conflict with the interests of the alleged minor child abuser's parent or other legal guardian, the administrative law judge shall order the division to apply to the superior court of the county in which the alleged act of child abuse

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was committed to have counsel appointed for the alleged minor child abuser. Payment for any such court appointed representation shall be made by such county. (c) In order to exercise such right to a hearing, the alleged child abuser shall file a written request for a hearing with the division within ten days after receipt of such notice. The written request shall contain the alleged child abuser's current residence address and, if he or she has a telephone, a telephone number at which he or she may be notified of the hearing. (d) If the division receives a timely written request for a hearing under subsection (c) of this Code section, it shall transmit that request to the Office of State Administrative Hearings within ten days after such receipt. Notwithstanding any other provision of law, the Office of State Administrative Hearings shall conduct a hearing upon that request in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules of the Office of State Administrative Hearings adopted pursuant thereto, except as otherwise provided in this article. The hearing shall be for the purpose of an administrative determination regarding whether, based on a preponderance of evidence, there was child abuse committed by the alleged child abuser to justify the investigator's determination of a substantiated case. The Office of State Administrative Hearings shall give notice of the time and place of the hearing to the alleged child abuser by first-class mail to the address specified in the written request for a hearing and to the division by first-class mail at least ten days prior to the date of the hearing. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the correct address of the alleged child abuser and the division, respectively, and proper postage affixed. Unless postponed by mutual consent of the parties and the administrative law judge or for good cause shown, such hearing shall be held within 30 business days following receipt by the Office of State Administrative Hearings of the request for a hearing, and a decision shall be rendered within five business days following such hearing. A motion for an expedited hearing may be filed in accordance with rules and regulations promulgated by the Office of State Administrative Hearings. The hearing may be continued as necessary to allow the appointment of counsel. A telephone hearing may be conducted concerning this matter in accordance with standards prescribed in paragraph (5) of Code Section 50-13-15. Upon the request of any party to the proceeding or the assigned administrative law judge, venue may be transferred to any location within this state if all parties and the administrative law judge consent to such a change of venue. Otherwise, the hearing shall be conducted in the county in which the alleged act of child abuse was committed. The doctrines of collateral estoppel and res judicata as applied in judicial proceedings are applicable to the administrative hearings held pursuant to this article. (e) At the conclusion of the hearing under subsection (d) of this Code section, upon a finding that there is not a preponderance of evidence to conclude that the alleged child abuser committed an act of child abuse, the administrative law judge shall order that the alleged child abuser's name be removed from the child abuse registry. The general public

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shall be excluded from hearings of the Office of State Administrative Hearings held pursuant to this article, and the files and records relating thereto shall be confidential and not subject to public inspection. (f) Notwithstanding any other provision of law, the decision of the administrative law judge under subsection (e) of this Code section shall constitute the final administrative decision. Any party shall have the right of judicial review of such decision in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the petition for review shall be filed within ten days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be substantially the same as those for judicial review of contested cases under Code Section 50-13-19 except that the filing of a petition for judicial review stays the listing of the petitioner's name upon the child abuse registry, and the superior court shall conduct the review and render its decision thereon within 30 days following the filing of the petition. The review and records thereof shall be closed to the public and not subject to public inspection. (g) The administrative law judge shall transmit to the division his or her decision regarding the alleged child abuser and the investigator's report regarding such individual within ten days following that decision unless a petition for judicial review of that decision is filed within the permitted time period. If a timely petition for judicial review is filed within the permitted time period, the superior court shall transmit to the division its decision regarding the alleged child abuser and the investigator's report regarding such individual within ten days following that decision. (h) With regard to a minor child alleged to have committed abuse, the division shall remove such individual's name from the registry if:
(1) He or she has reached 18 years of age; (2) More than one year has passed from the date of the act or omission that resulted in a substantiated case and there have been no subsequent acts or omissions resulting in a substantiated case; and (3) He or she can prove by a preponderance of the evidence that he or she has been rehabilitated.

49-5-184. (a) An individual whose name appears in the child abuse registry as having committed a substantiated case shall be entitled to a hearing for an administrative determination of whether or not expungement of such individual's name should be ordered. In order to exercise such right, the individual shall file a written request for a hearing with the division. The provisions of this subsection shall not apply to individuals who have waived a hearing after receipt of notice. (b) Upon receipt by the division of a written request for a hearing pursuant to subsection (a) of this Code section, the division shall transmit such request to the Office

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of State Administrative Hearings within ten days of receipt. The Office of State Administrative Hearings shall conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except as otherwise provided in this Code section. A hearing shall be conducted within 60 days following receipt of the request by the Office of State Administrative Hearings. Upon a finding that there is no credible evidence that the individual who requested the hearing is the individual who had a substantiated case, the Office of State Administrative Hearings shall order the division to expunge that name from the registry. The general public shall be excluded from such hearings and the files and records relating thereto shall be confidential and not subject to public inspection. (c) Notwithstanding any other provision of law, the decision of the Office of State Administrative Hearings pursuant to subsection (b) of this Code section shall constitute the final agency decision. Any party shall have the right of judicial review of that decision in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the petition for review shall be filed within 30 days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be the same as those for judicial review of contested cases under Code Section 50-13-19. The review and records thereof shall be closed to the public and not subject to public inspection.

49-5-185. (a) Except as otherwise authorized in subsection (c) of this Code section and subsection (b) of Code Section 49-5-186, the only persons or entities that may access or be provided any information from the child abuse registry are:
(1) An abuse investigator who has investigated or is investigating a case of possible child abuse and who shall only be provided information relating to such case for purposes of using such information in such investigation; (2) State or other government agencies of this state or any other state which license entities that have interactions with children or are responsible for providing care for children or licensed entities in this state which interact with children or are responsible for providing care for children and which shall only be provided information for purposes of licensing or employment of a specific individual; (3) A licensing entity, which may disclose information from the child abuse registry in a written notice to an applicant or licensed entity whose license is denied or revoked as a result of information found in the registry, to the extent that such information is required in such notice by a federal or state law, regulation, or policy or in a proceeding arising from an adverse action taken against a licensed entity or individual as a result of information found in the registry; (4) The Department of Early Care and Learning, which is authorized to disclose all or a portion of the information from the child abuse registry used to determine that a records

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check is unsatisfactory or to rescind a determination that a records check is satisfactory to an individual who has submitted a records check application or whose satisfactory records check determination has been rescinded in accordance with Article 2 of Chapter 1A of Title 20; and (5) An affiliate court appointed special advocate program, as such term is defined in Code Section 15-11-2, which information shall be provided and used solely for the purpose of screening and selecting employees and volunteers of such affiliate court appointed special advocate program and screening and selecting individuals to serve as a CASA, as such term is defined in Code Section 15-11-2. (b) The division shall provide the Governor's office, the General Assembly, district attorneys, and law enforcement agencies with a statistical analysis of substantiated cases of child abuse entered into the child abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons associated with the child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confidential information. (c) An individual may make a written request to the division to find out whether his or her name is included in the child abuse registry. Upon presentation of a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104, the office receiving such request shall disclose to such individual whether his or her name is included in the child abuse registry and, if so, the date upon which his or her name was listed in the registry. (d) The division shall provide persons and entities authorized in subsection (a) of this Code section with access to or information from the child abuse registry sufficient to meet the requirements prescribed by Congress as conditions to federal funding for programs administered by such persons or entities.

49-5-186. (a) Information in the child abuse registry shall be confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of this chapter.
(b)(1) Information obtained from the child abuse registry shall not be made a part of any record which is open to the public except as provided in paragraph (2) of this subsection; provided, however, that a district attorney may use such information in any court proceeding in the course of any criminal prosecution, if such information is otherwise admissible. (2) Notwithstanding any other provisions of law, information in the child abuse registry 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, which information relates to the child while in the custody of such state department or agency or foster parent, shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50.

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(c) Any person who knowingly provides any information from the child abuse registry to a person not authorized to be provided such information under this article shall be guilty of a misdemeanor. (d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the child abuse registry, except as authorized in this article, shall be guilty of a misdemeanor.

49-5-187. The division and other authorized agencies, entities, and persons and the employees thereof providing information from the child abuse registry as authorized by this article and any person who uses such information shall have no civil liability or criminal responsibility therefor."

SECTION 9. (a) This Act shall become effective on July 1, 2016, except as otherwise provided in subsection (b) of this section. (b) Section 5 of this Act shall become effective on March 1, 2017.

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

Approved May 3, 2016.

__________

STATE GOVERNMENT MINIMUM RETENTION PERIODS FOR VIDEO RECORDINGS FROM LAW ENFORCEMENT BODY CAMERAS AND VEHICLE CAMERAS.

No. 599 (House Bill No. 976).

AN ACT

To amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to provide for minimum retention periods for video recordings from law enforcement body-worn devices or devices located on or inside of a law enforcement vehicle; to provide for a definition; to provide for exceptions; to provide for presumptions, civil liability, and fees; 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 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, is amended by revising subsection (a) of Code Section 50-18-92, relating to the creation of the State Records Committee and retention schedules, as follows:
"(a) There is created the State Records Committee, to be composed of the Governor, the Secretary of State, the chancellor of the University System of Georgia, an appointee of the Governor who is not the Attorney General, the state auditor, and an officer of a governing body, as such terms are defined in subsection (a) of Code Section 50-18-99, to be appointed by the chancellor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend, or modify retention schedules submitted by agency heads, school boards, county governments, and municipal governments through the division for the disposition of records based on administrative, legal, fiscal, or historical values. Except as provided in Code Section 50-18-96, the retention schedules, once approved, shall be authoritative, shall be directive, and shall have the force and effect of law. A retention schedule may be determined by four members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The chancellor of the University System of Georgia shall serve as chairperson of the committee and shall schedule meetings of the committee as required. Four members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Code section."

SECTION 2. Said article is further amended by revising Code Section 50-18-96, which was previously reserved, as follows:
"50-18-96. (a) As used in this Code section, the term 'governing body' shall have the same meaning as set forth in Code Section 50-18-99. (b) Video recordings from law enforcement body-worn devices or devices located on or inside of law enforcement vehicles shall be retained for 180 days from the date of such recording except:
(1) If such recording is part of a criminal investigation, shows a vehicular accident, shows the detainment or arrest of an individual, or shows a law enforcement officer's use of force, it shall be retained for 30 months from the date of such recording; and (2) If such recording contains evidence that is or can reasonably be anticipated to be necessary for pending litigation, it shall be retained for 30 months from the date of such recording, and if litigation is commenced during such period it shall be retained until a final adjudication of such litigation. (c) The retention periods described in this Code section are de minimis.

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(d) This Code section shall not require the destruction of such video recording after the required retention period. (e) Any video recording destroyed pursuant to the retention schedule provided in this Code section shall be deemed to have been properly destroyed, and no evidentiary presumption shall be made that such recording was harmful to the governing body or any law enforcement officer depicted in such recording. (f) A governing body or law enforcement officer shall not have a duty to redact or obscure people, objects, or information that appear in a video recording from any law enforcement body-worn device or device located on or inside of a law enforcement vehicle, nor shall such body or officer have any civil liability for such depiction. (g) Notwithstanding fees imposed pursuant to Article 4 of this chapter, an additional fee of $10.00 shall be imposed for the copying of video recordings from law enforcement body-worn devices or devices located on or inside of a law enforcement vehicle."

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

Approved May 3, 2016.

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REVENUE AND TAXATION REDEMPTION OF PROPERTY SOLD FOR TAXES; REDEMPTION AMOUNT.

No. 600 (House Bill No. 51).

AN ACT

To amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change provisions relating to the amount payable at redemption; 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 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, is amended by revising Code Section 48-4-40, relating to persons entitled to redeem land sold under tax execution, as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"48-4-40. Whenever any real property is sold under or by virtue of an execution issued for the collection of state, county, municipal, or school taxes or for special assessments, the defendant in fi. fa. or any person having any right, title, or interest in or lien upon such property may redeem the property from the sale by the payment of the amount required for redemption, as fixed and provided in Code Section 48-4-42:
(1) At any time within 12 months from the date of the sale; and (2) At any time after the sale until the right to redeem is foreclosed by the giving of the notice provided for in Code Section 48-4-45."

SECTION 2. Said article is further amended by revising Code Section 48-4-42, relating to the amount payable for redemption, as follows:
"48-4-42. (a) The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter shall with respect to any sale made after July 1, 2002, be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus:
(1) Any taxes paid on the property by the purchaser after the sale for taxes; (2) Any special assessments on the property; and (3) A premium of 20 percent of the amount for the first year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made and 10 percent for each year or fraction of a year thereafter. (b) If redemption is not made until more than 30 days after the notice provided for in Code Section 48-4-45 has been given, there shall be added to the sums set forth in subsection (a) of this Code section the sheriff's cost in connection with serving the notice and the cost of publication of the notice, if any. (c) With respect to any sale made after July 1, 2016, there shall be added to the sums set forth in subsections (a) and (b) of this Code section any sums: (1) Paid from the date of the tax sale to the date of redemption to a property owners' association, as defined in Code Section 44-3-221, in accordance with Code Section 44-3-232; (2) Paid to a condominium association, as defined in Code Section 44-3-71, in accordance with Code Section 44-3-109; or (3) Paid to a homeowners' association established by covenants restricting land to certain uses related to planned residential subdivisions. (d) All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchaser's successors."

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

Approved May 3, 2016.

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PUBLIC OFFICERS AND EMPLOYEES AUTHORIZE GENERAL ASSEMBLY TO PROVIDE BY LOCAL LAW FOR DISTRICT DURATION RESIDENCY REQUIREMENTS.

No. 601 (House Bill No. 73).

AN ACT

To amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold office, vacation of office, and validity of acts performed while in office, so as to authorize counties and municipalities to provide by local law for district durational residency requirements; 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 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold office, vacation of office, and validity of acts performed while in office, is amended by revising paragraph (1) as follows:
"(1) Persons who are not citizens of this state and persons under the age of 21 years; provided, however, that upon passage of appropriate local ordinances, citizens of this state who are otherwise qualified and who have attained 18 years of age shall be eligible to hold any county or municipal office, except such offices of a judicial nature. The residency requirement for a candidate for any county office, except offices of a judicial nature, shall be 12 months residency within the county. The residency requirement for a candidate for any municipal office, except offices of a judicial nature, shall be 12 months residency within the municipality; provided, however, that municipalities may by charter provide for lesser residency requirements for candidates for municipal office, except offices of a judicial nature. Notwithstanding anything in this paragraph to the contrary, the General Assembly may provide by local law for a period of district residency for candidates for any county or municipal governing authority or board of

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education who are elected from districts not to exceed 12 months residency within the district from which each such candidate seeks election;"

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

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

Approved May 3, 2016.

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REVENUE AND TAXATION EXTEND SUNSET DATE FOR SALES AND USE TAX EXEMPTION FOR SALE OF FOOD AND FOOD INGREDIENTS TO QUALIFIED FOOD BANKS AND THE USE OF FOOD AND FOOD INGREDIENTS DONATED TO QUALIFIED NONPROFIT AGENCIES.

No. 602 (House Bill No. 763).

AN ACT

To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the state sales and use tax, so as to extend the sunset period for the exemption of the sale of food and food ingredients to qualified food banks and for the use of food and food ingredients donated to qualified nonprofit agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the state sales and use tax, is amended by revising paragraphs (57.1) and (57.2) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(57.1)(A) From July 1, 2014, until June 30, 2021, sales of food and food ingredients to a qualified food bank. (B) As used in this paragraph, the term 'qualified food bank' means any food bank which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code

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and which is operated primarily for the purpose of providing hunger relief to low income persons residing in this state. (C) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, any taxpayer seeking to claim the exemption provided for within subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of clients served in the previous calendar year, total pounds of food donated by retailers, and total amount of exempt purchases made in the preceding year. The department shall then issue a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee detailing the total number of clients served, total pounds of food donated by retailers, and total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.2)(A) For the period commencing July 1, 2015, and ending on June 30, 2021, the use of food and food ingredients which is donated to a qualified nonprofit agency and which is used for hunger relief purposes. (B) As used in this paragraph, the term 'qualified nonprofit agency' means any entity which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which provides hunger relief. (C) For the purposes of this paragraph, the term 'food and food ingredients' as defined in Code Section 48-8-2 shall not include drugs or over-the-counter drugs. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph;"

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

Approved May 3, 2016.

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CRIMES AND OFFENSES DEFINITION OF LOW THC OIL; REVISE CONTROLLED SUBSTANCES SCHEDULES; REVISE DANGEROUS DRUG PROVISIONS.

No. 603 (House Bill No. 783).

AN ACT

To amend Article 8 of Chapter 12 and Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of low THC oil and controlled substances, respectively, so as to change the definition of low THC oil; to change certain provisions relating to Schedules I and IV controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for restricted dangerous drugs; to provide for a penalty for violations relating to nonprescription injectable insulin; 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 8 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of low THC oil, is amended by revising Code Section 16-12-190, relating to a definition, as follows:
"16-12-190. As used in this article, the term 'low THC oil' means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis."

SECTION 2. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraph (P) of and adding new subparagraphs to paragraph (3) to read as follows:
"(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis;" "(BBBB) Methoxyphencyclidine (MeO-PCP); (CCCC) 4-hydroxy-N-methyl-N-isopropyltryptamine (4-OH-MiPT); (DDDD) N,-dimethyl-5-benzofuranethanamine (5-MAPB);"

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SECTION 3. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising paragraph (12) as follows:
"(12) Any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation:
(A) Naphthoylindoles; (B) Naphthylmethylindoles; (C) Naphthoylpyrroles; (D) Naphthylideneindenes; (E) Phenylacetylindoles; (F) Cyclohexylphenols; (G) Benzoylindoles; (H) Tricyclic benzopyrans; (I) Adamantoylindoles; (J) Indazole amides; (K) [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin -6-yl]-1-naphthalenylmethanone (WIN 55,212-2); (L) Any compound, unless specifically excepted or listed in this or another schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
(i) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substitutions, whether or not further substituted in the ring system; (ii) By substitution at the 3-position with an acyclic alkyl substitution; or (iii) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure; (M) Indole carboxamides; (N) Indole carboxylates; (O) [1,1'-biphenyl]-3-yl-carbamic acid, cyclohexyl ester (URB602); (P) Indazole carboxylates; (Q) [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate (URB597); (R) 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one (URB754); (S) Indole tetramethylcyclopropanecarbonyls; (T) Napthoylbenzimidazoles;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(U) 1-naphthalenyl[4-(pentylox)-1-naphthalenyl]-methanone (CB-13); (V) Naphthoylindazoles."

SECTION 4. Said chapter is further amended by revising Code Section 16-13-28, relating to Schedule IV controlled substances, as follows:
"16-13-28. (a) The controlled substances listed in this Code section are included in Schedule IV. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation, included as having a stimulant or depressant effect on the central nervous system or a hallucinogenic effect:
(1) Alfaxalone; (1.5) Armodafinil; (2) Barbital; (2.1) Bromazepam; (2.15) Butorphanol; (2.25) Carisoprodol; (2.3) Cathine; (3) Chloral betaine; (4) Chloral hydrate; (5) Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clidinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens); (5.1) Clobazam; (6) Reserved; (7) Clotiazepam; (8) Reserved; (8.5) Dexfenfluramine; (9) Reserved; (10) Reserved; (11) Diethylpropion; (11.05) Difenoxin; (11.5) Eluxadoline; (12) Ethchlorvynol; (13) Ethinamate; (13.15) Etizolam; (13.2) Fencamfamin; (14) Fenfluramine; (14.2) Fenproporex;

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(15) Fospropofol; (16) Indiplon; (17) Lorcaserin; (18) Mazindol; (19) Mebutamate; (19.2) Mefenorex; (20) Meprobamate; (21) Methohexital; (22) Methylphenobarbital; (22.1) Modafinil; (23) Reserved; (24) Paraldehyde; (25) Pemoline; (26) Pentazocine; (27) Petrichloral; (28) Phenobarbital; (29) Phentermine; (29.1) Pipradrol; (30) Propofol; (30.05) Propoxyphene (including all salts and optical isomers); (30.07) Pyrazolam; (30.1) Quazepam; (30.2) Sibutramine; (30.3) SPA (-)-1-dimethylamino-1, 2-diphenylethane; (30.5) Suvorexant; (31) Reserved; (31.5) Tramadol [2-((dimethylamino)methyl)-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers]; (32) Zaleplon; (33) Zolpidem; (34) Zopiclone. (b) The controlled substances in the benzodiazepine structural class include any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from 1,4-benzodiazepine by substitution at the 5-position with a phenyl ring system (which

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may itself be further substituted), whether or not the compound is further modified in any of the following ways:
(1) By substitution at the 2-position with a ketone; (2) By substitution at the 3-position with a hydroxyl group or ester group, which itself may be further substituted; (3) By a fused triazole ring at the 1,2- position, which itself may be further substituted; (4) By a fused imidazole ring at the 1,2- position, which itself may be further substituted; (5) By a fused oxazolidine ring at the 4,5- position, which itself may be further substituted; (6) By a fused oxazine ring at the 4,5- position, which itself may be further substituted; (7) By substitution at the 7-position with a nitro group; (8) By substitution at the 7-position with a halogen group; or (9) By substitution at the 1-position with an alkyl group, which itself may be further substituted. (c) The State Board of Pharmacy may except by rule any compound, mixture, or preparation containing any depressant, stimulant, or hallucinogenic substance listed in subsection (a) or (b) of this Code section from the application of all or any part of this article if the compound, mixture, or preparation contains one or more active, medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant or stimulant effect on the central nervous system."

SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by revising paragraphs (115.3), (323), (562), (563), and (851.02) of subsection (b) as follows:
"(115.3) Budesonide -- See exceptions;" "(323) Doxylamine;" "(562) Mepivacaine; (563) Meprednisone;" "(851.02) Reserved;"

SECTION 6. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding new paragraphs to subsection (b) to read as follows:
"(19.57) Alectinib;" "(19.76) Alirocumab;" "(66.7) Asfotase;" "(69.2) Avibactam;" "(107.2) Brexpaprazole;"

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"(131.5) Cangrelor;" "(143.5) Cariprazine;" "(190.3) Cholic Acid;" "(207.7) Cobimetinib;" "(236.5) Daclatasvir;" "(240.4) Daratumumab;" "(243.7) Deferiprone;" "(247.8) Deoxycholic Acid;" "(295.5) Dinutuximab;" "(330.7) Edoxaban;" "(331.059) Elotuzumab;" "(380.4) Evolocumab;" "(386.1) Filgrastim-SNDZ;" "(387.7) Flibanserin;" "(464.15) Idarucizumab;" "(474.3) Insulin degludec;" "(495.5) Isavuconazonium;" "(506.72) Ivabradine;" "(506.95) Ixazomib;" "(513.74) Lenvatinib;" "(513.77) Lesinurad;" "(531.4) Lumacaftor;" "(562.5) Mepolizumab;" "(638.47) Necitumumab;" "(665.55) Osimertinib;" "(681.35) Palbociclib;" "(685.65) Panobinostat;" "(692.29) Patiromer;" "(844.8) Rolapitant;" "(849.7) Sacubitril;" "(852.05) Sebelipase;" "(852.4) Secukinumab;" "(853.7) Selexipag;" "(882.3) Sonidegib;" "(903.17) Sugammadex;" "(930.98) Talimogene;" "(967.56) Tipiracil;" "(973.6) Trabectedin;" "(1021.1) Uridine;"

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SECTION 7. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding a new subsection to read as follows:
"(b.1) A 'restricted dangerous drug' means any other drug or substance declared by the General Assembly to have no medical use, which cannot be legally prescribed by a practitioner, and which cannot be manufactured, grown, produced, distributed, used, or otherwise possessed in this state; to include any of the following drugs, chemicals, or substances; salts, isomers, esters, ethers, or derivatives of such drugs, chemicals, or substances which have essentially the same pharmacological action; and all other salts, isomers, esters, ethers, and compounds of such drugs, chemicals, or substances unless specifically exempted, identified as 'restricted dangerous drugs':
(1) Salvinorin A; and (2) Salvia divinorum except as otherwise provided for in paragraph (4.3) of Code Section 16-13-72. This subsection shall not prohibit a person from possessing a restricted dangerous drug for the purpose of conducting research approved by the federal Food and Drug Administration."

SECTION 8. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding a new paragraph to subsection (c) to read as follows:
"(6.1) Budesonide when used as a nasal spray in doses up to 32 mcg per spray;"

SECTION 9. Said chapter is further amended by revising Code Section 16-13-79, relating to violations of the "Dangerous Drug Act," as follows:
"16-13-79. (a) Except as provided in subsections (b), (c), and (d) of this Code section, any person who violates this article shall be guilty of a misdemeanor. (b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both. (c) Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a fine not to exceed $10,000.00 or both.

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(d) This article shall not apply to any person who possesses, distributes, sells, or uses nitrous oxide for food preparation in a restaurant, for food service, or in household products. (e) Any person who knowingly distributes or resells any nonprescription injectable insulin product which was first obtained through an over-the-counter sale made to a patient from any pharmacy, practitioner, or other source shall be guilty of a misdemeanor. All such injectable insulin distributed or sold in this manner is considered to be an adulterated dangerous drug and unsalable, making it subject to seizure under the laws of this state."

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

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

Approved May 3, 2016.

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REVENUE AND TAXATION INCOME TAX DEDUCTIONS FOR CONTRIBUTIONS TO EDUCATION SAVINGS TRUST ACCOUNTS.

No. 604 (House Bill No. 802).

AN ACT

To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to revise the deduction from income for contributions to savings trust accounts established pursuant to Article 11 of Chapter 3 of Title 20; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended by revising paragraph (11.1) of subsection (a) as follows:
"(11.1) For taxable years beginning on or after January 1, 2016:

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(A) An amount equal to the amount of contributions to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary, but not exceeding $2,000.00 per beneficiary; (B) If the contributor files a separate return or single return, the sum of contributions constituting deductions on the contributor's return under this paragraph shall not exceed $2,000.00 per beneficiary; (C) If the contributor files a joint return, the sum of contributions constituting deductions on the contributor's return under this paragraph shall not exceed $4,000.00 per beneficiary; and (D) For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account under federal law for such taxable year;".

SECTION 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 taxable years beginning on and after January 1, 2016.

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

Approved May 3, 2016.

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COURTS JUDICIAL QUALIFICATIONS COMMISSION.

No. 605 (House Bill No. 808).

AN ACT

To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create a new Judicial Qualifications Commission; to provide for the powers, composition, and appointment of such commission; to provide for a commission member's term and removal; to provide for procedures and confidentiality; to provide for related matters; to provide a contingent 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. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, is amended by adding a new Code section to read as follows:
"15-1-19. (a) Pursuant to Paragraph VI of Section VII of Article VI of the Constitution, there is hereby created the Judicial Qualifications Commission, which shall have the power to discipline, remove, and cause involuntary retirement of judges in accordance with such Paragraph. (b) The Judicial Qualifications Commission shall consist of seven members who shall be subject to confirmation by the Senate. (c) From January 1, 2017, until June 30, 2017, the members of the commission shall be as follows:
(1) Two judges of any court of record, appointed by the Supreme Court; (2) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the President of the Senate from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (3) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Speaker of the House of Representatives from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (4) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the Speaker of the House of Representatives; (5) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the President of the Senate; and (6) One member of the State Bar of Georgia, who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Governor to serve as chairperson of the commission. (d) From July 1, 2017, through December 31, 2020, the members of the commission shall be as follows: (1) Two judges of any court of record, appointed by the Supreme Court; (2) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the President of the Senate from a list of at least ten nominees

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from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (3) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Speaker of the House of Representatives from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (4) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the Speaker of the House of Representatives; (5) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the President of the Senate; and (6) One member of the State Bar of Georgia, who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Governor to serve as chairperson of the commission. (e) On and after January 1, 2021, the members of the commission shall serve for a term of three years and until their successors are appointed and shall be as follows: (1) Two judges of any court of record, appointed by the Supreme Court; (2) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the President of the Senate from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (3) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Speaker of the House of Representatives from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (4) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the Speaker of the House of Representatives; (5) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the President of the Senate; and (6) One member of the State Bar of Georgia, who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Governor to serve as chairperson of the commission.

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(f) Any list of nominees required by this Code section shall be submitted to the Senate no later than the third Monday in January. Any member appointed to the commission shall serve until the Senate confirms such nominee and if an individual's name is not submitted by such deadline, he or she shall not be eligible for appointment. (g) The Judicial Qualifications Commission may adopt procedures for its own governance which are not otherwise provided by the Constitution or this Code section; provided, however, that such procedures shall not allow an individual member to initiate an investigation without presenting such proposal to the other members of the commission at a commission meeting. (h) Members of the commission shall be subject to removal from the commission by an affirmative vote of six members of the commission, with the member who is subject to removal being disqualified from any such vote. (i) No person shall serve more than two consecutive terms as a member of the commission; provided, however, that any person appointed pursuant to subsection (c) of this Code section may serve for three consecutive terms as a member of the commission. (j) Notwithstanding Chapter 14 of Title 50, unless otherwise waived by the judge involved, all papers filed with and proceedings before the commission, including any investigation that the commission may undertake, shall be confidential, and no person shall disclose information obtained from commission proceedings or papers filed with or by the commission, except as provided in this Code section. Such papers shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50. (k) Information submitted to the commission or its staff, and testimony given in any proceeding before the commission, shall be absolutely privileged, and no civil action predicated upon such information or testimony shall be instituted against any complainant, witness, or his or her counsel. (l) If, after an investigation is completed, the commission concludes that a letter of caution is appropriate, it shall issue a letter of caution to the judge in lieu of any further proceeding in the matter. The issuance of a letter of caution shall be confidential in accordance with subsection (j) of this Code section. (m) If, after an investigation is completed, the commission concludes that disciplinary proceedings should be instituted, the notice and statement of charges filed by the commission, along with the answer and all other pleadings, shall remain confidential in accordance with subsection (j) of this Code section. Disciplinary hearings ordered by the commission shall be confidential, and recommendations of the commission to the Supreme Court, along with the record filed in support of such recommendations, shall be confidential in accordance with subsection (j) of this Code section. Testimony and other evidence presented to the commission shall be privileged in any action for defamation. At least four members of the commission shall concur in any recommendation to issue a public reprimand against or to censure, suspend, retire, or remove any judge. A respondent who is recommended for public reprimand, censure, suspension, retirement, or removal shall be entitled to a copy of the proposed record to be filed with the Supreme Court, and

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if the respondent has objections to it, to have the record settled by the commission's chairperson. The respondent shall also be entitled to present a brief and to argue the respondent's case, in person and through counsel, to the Supreme Court. A majority of the members of the Supreme Court voting shall concur in any order of public reprimand, censure, suspension, retirement, or removal. The Supreme Court may approve the recommendation, remand for further proceedings, or reject the recommendation. A member of the commission who is a judge shall be disqualified from acting in any case in which he or she is a respondent. (n) Upon issuance of a public reprimand, censure, suspension, retirement, or removal by the Supreme Court, the notice and statement of charges filed by the commission along with the answer and all other pleadings, including the recommendation of the commission to the Supreme Court and the record filed in support of such recommendation, shall no longer be confidential. (o) The findings and records of the commission during an open meeting shall not be exempt from disclosure under Article 4 of Chapter 18 of Title 50."

SECTION 2. This Act shall become effective on January 1, 2017, only if an amendment to the Constitution abolishing the existing Judicial Qualifications Commission and requiring the General Assembly to create and provide by general law for the composition and manner of appointment of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges, and providing for exceptions to certain disclosures is ratified by the voters at the November, 2016, state-wide general election. If such an amendment is not so ratified, then this Act shall not become effective and shall stand repealed on January 1, 2017.

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

Approved May 3, 2016.

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COURTS CRIMES AND OFFENSES EVIDENCE PENAL INSTITUTIONS PROSECUTION OF STREET GANG TERRORISM.

No. 606 (House Bill No. 874).

AN ACT

To amend Article 9 of Chapter 11 of Title 15, Title 16, Chapter 4 of Title 24, and Title 42 of the Official Code of Georgia Annotated, relating to access to hearings and records, crimes and offenses, relevant evidence and its limits, and penal institutions, respectively, so as to improve the ability to prosecute street gang terrorism; to provide for the admissibility of juvenile adjudications under certain circumstances; to clarify provisions relating to terroristic threats and acts; to provide for misdemeanor punishment of terroristic threats under certain circumstances; to correct a cross-reference; to increase penalties for unlawful activities connected with criminal street gang activity and provide for certain mandatory minimum terms of imprisonment; to change provisions relating to the admissibility of evidence of the existence of criminal street gangs; to provide for the admissibility of similar transaction evidence in prosecutions for criminal street gang activity; to increase penalties for providing items prohibited for possession by inmates and provide for mandatory minimum terms of imprisonment; 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. Article 9 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to hearings and records, is amended by revising Code Section 15-11-703, relating to the use of disposition and evidence, as follows:
"15-11-703. Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court shall not be used against such child in any proceeding in any court other than as provided in Code Section 16-15-9 or 24-4-418 or for a proceeding for delinquency or a child in need of services, whether before or after reaching 18 years of age, except in the establishment of conditions of bail, plea negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys, superior or state court judges, and the accused and may be used in the same manner as adult records. Whenever such record of disposition is filed in a superior or state court or admitted into evidence in a superior or state court proceeding, it shall be filed under seal."

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SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-11-37, relating to terroristic threats and acts and penalties, as follows:
"16-11-37. (a) As used in this Code section, the term 'hazardous substance' shall have the same meaning as set forth in Code Section 12-8-92.
(b)(1) A person commits the offense of a terroristic threat when he or she threatens to : (A) Commit any crime of violence; (B) Release any hazardous substance; or (C) Burn or damage property.
(2) Such terroristic threat shall be made: (A) With the purpose of terrorizing another; (B) With the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation; (C) With the purpose of otherwise causing serious public inconvenience; or (D) In reckless disregard of the risk of causing the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph.
(3) No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated. (c) A person commits the offense of a terroristic act when: (1) He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household; (2) While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or (3) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance:
(A) For the purpose of terrorizing another; (B) For the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation; (C) For the purpose of otherwise causing serious public inconvenience; or (D) In reckless disregard of the risk of causing the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph. (d)(1) A person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both. (2) A person convicted of the offense of a terroristic act shall be punished by a fine of not more than $5,000.00, imprisonment for not less than one nor more than ten years, or both; provided, however, that if any person suffers a serious physical injury as a direct

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result of an act giving rise to a conviction under subsection (b) of this Code section, the person so convicted shall be punished by a fine of not more than $250,000.00, imprisonment for not less than five nor more than 40 years, or both. (e) A person who commits or attempts to commit a violation of subsection (b) or (c) of this Code section shall, upon conviction thereof, be punished by a fine of not less than $50,000.00, imprisonment for not less than five nor more than 20 years, or both, when such act is done with the intent to retaliate against any person for or intimidate or threaten any person from: (1) Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or party or producing any record, document, or other object in a judicial or official proceeding; or (2) Providing to a law enforcement officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense under the laws of this state or of the United States or a violation of conditions of bail, pretrial release, probation, or parole."

SECTION 3. Said title is further amended by revising Code Section 16-11-37.1, relating to dissemination of information relating to terroristic acts, as follows:
"16-11-37.1. It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that if such act is in violation of paragraph (1) of subsection (e) of Code Section 16-11-37, the person convicted shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years or by a fine not to exceed $100,000.00 or both."

SECTION 4. Said title is further amended by revising subsection (k) of Code Section 16-15-4, relating to the prohibition of participating in criminal gang activity, as follows:
"(k)(1) Any person who violates subsection (a), (b), or (c) of this Code section shall be guilty of a felony and upon conviction thereof, in addition to any other penalty imposed, shall be sentenced to imprisonment for five years but not more than 20 years or pay a fine of not less than $10,000.00 nor more than $15,000.00, or both.

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(2) Any person who violates subsection (a) of this Code section through the commission of a violation of Code Section 42-5-18 shall be guilty of a felony and upon conviction thereof, in addition to any other penalty imposed, shall be sentenced to a mandatory minimum term of imprisonment of two years but not more than 20 years which shall be served consecutively to any other sentence imposed, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court. (3) Any person who violates subsection (d) of this Code section shall be guilty of a felony and upon conviction thereof, in addition to any other penalty imposed, shall be sentenced to imprisonment for five years but not more than 20 years which shall be served consecutively to any other sentence imposed. (4) Any person who violates subsection (e), (f), (g), (h), (i), or (j) of this Code section shall be guilty of a felony and upon conviction thereof, in addition to any other penalty imposed, shall be sentenced to imprisonment for five years but not more than 20 years."

SECTION 5. Said title is further amended by revising Code Section 16-15-9, relating to commission of offense admissible as evidence of existence of criminal street gang and criminal gang activity, as follows:
"16-15-9. For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member or associate of a criminal street gang shall be admissible in any trial or proceeding. Evidence offered under this Code section shall not be subject to the restrictions in paragraph (22) of Code Section 24-8-803."

SECTION 6. Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to relevant evidence and its limits, is amended by adding a new Code section to read as follows:
"24-4-418. (a) In a criminal proceeding in which the accused is accused of conducting or participating in criminal gang activity in violation of Code Section 16-15-4, evidence of the accused's commission of criminal gang activity, as such term is defined in Code Section 16-15-3, shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.

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(c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section."

SECTION 7. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsection (c) of Code Section 42-2-8, relating to additional duties of the commissioner of corrections, as follows: "(c) The commissioner and any person designated and serving in the position of his or her chief of staff shall be authorized to issue a warrant for the arrest of an offender who has escaped from the custody of the department upon probable cause to believe the offender has violated Code Section 16-10-52, relating to escape from lawful confinement."

SECTION 8. Said title is further amended by revising subsection (d) of Code Section 42-5-18, relating to items prohibited for possession by inmates, as follows:
"(d)(1) An inmate who commits or attempts to commit a violation of subsection (c) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, if an inmate violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor. (2) A person who commits or attempts to commit a violation of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a mandatory minimum term of imprisonment of two years but not more than ten years, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court."

SECTION 9. Section 7 of this Act shall become effective on July 1, 2016, and shall apply to offenses committed on or after such date. All other sections of this Act shall become effective upon approval by the Governor or upon becoming law without such approval.

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

Approved May 3, 2016.

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INSURANCE REHABILITATION AND LIQUIDATION OF INSURERS; UPDATE OF STANDARD VALUATION LAW WITH REGARD TO CERTAIN RESERVE REQUIREMENTS.

No. 607 (House Bill No. 883).

AN ACT

To amend Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to insurers rehabilitation and liquidation, so as to change certain provisions relating to insurers rehabilitation and liquidation; to change provisions related to reciprocal states and domiciliary liquidators; to provide for the Commissioner to transfer title under his or her control to a domiciliary liquidator; to modify certain provisions relating to the rights of nonresident claimants in proceedings against domiciliary insurers; to change certain provisions relating to the rights of resident claimants in proceedings in other states against nondomiciliary insurers; to remove the use of reciprocal in superiority of order of distribution in liquidation proceedings; to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities, so as to provide for certain updates to the standard valuation law as it relates to the reserve requirements for companies allowed to opt out of the principal based reserves standards; 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 37 of Title 33 of the Official Code of Georgia Annotated, relating to insurers rehabilitation and liquidation, is amended by revising Code Section 33-37-3, relating to definitions, as follows:
"33-37-3. As used in this chapter, the term:
(1) 'Ancillary state' means any state other than a domiciliary state. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Creditor' means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. (4) 'Delinquency proceeding' means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer and any summary proceeding under Code Section 33-37-9. 'Formal delinquency proceeding' means any liquidation or rehabilitation proceeding. (5) 'Doing business' includes any of the following acts, whether effected by mail or otherwise:

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(A) The issuance or delivery of contracts of insurance to persons resident in this state; (B) The solicitation of applications for such contracts or other negotiations preliminary to the execution of such contracts; (C) The collection of premiums, membership fees, assessments, or other consideration for such contracts; (D) The transaction of matters subsequent to execution of such contracts and arising out of them; or (E) Operating under a license or certificate of authority, as an insurer, issued by the Insurance Department. (6) 'Domiciliary state' means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry. (7) 'Fair consideration' means: (A) When in exchange for property or obligation as a fair equivalent therefor and in good faith, property is conveyed, services are rendered, an obligation is incurred, or an antecedent debt is satisfied; or (B) When property or obligation is received in good faith to secure a present advance or antecedent, debt in amount not disproportionately small as compared to the value of the property or obligation obtained. (7.1) 'Federal home loan bank' means a federal home loan bank established under the federal Home Loan Bank Act, 12 U.S.C. Section 1421, et seq. (8) 'Foreign country' means any other jurisdiction not in any state. (9) 'General assets' means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or classes of persons. As to specifically encumbered property, general assets includes all such property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and on deposit for the security or benefit of all policyholders or all policyholders and creditors in more than a single state shall be treated as general assets. (10) 'Guaranty association' means the Georgia Insurers Insolvency Pool created by Chapter 36 of this title, the Georgia Life and Health Insurance Guaranty Association created by Chapter 38 of this title, and any other similar entity now or hereafter created by the General Assembly for the payment of claims of insolvent insurers. 'Foreign guaranty association' means any similar entities now in existence in or hereafter created by the legislature of any other state. (11) 'Insolvency' or 'insolvent' means: (A) For an insurer issuing only assessable fire insurance policies:
(i) The inability to pay any obligation within 30 days after it becomes payable; or (ii) If an assessment is made within 30 days after an obligation becomes payable, the inability to pay such obligation 30 days following the date specified in the first assessment notice issued after the date of loss;

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(B) For any other insurer, the inability to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of:
(i) Any capital and surplus required by law for its organization; or (ii) The total par or stated value of its authorized and issued capital stock; and (C) As to any insurer licensed to do business in this state as of July 1, 1991, which does not meet the standard established under subparagraph (B) of this paragraph, for a period not to exceed three years from July 1, 1991, the inability to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the Commissioner under provisions of this title. For purposes of this paragraph, 'liabilities' shall include, but not be limited to, reserves required by statute or by regulations or specific requirements imposed by the Commissioner upon a subject company at the time of admission or subsequent thereto. (12) 'Insurer' means any person who has done, purports to do, is doing, or is licensed to do an insurance business and is or has been subject to liquidation, rehabilitation, reorganization, supervision, the authority of, or conservation by any state insurance regulatory official. For purposes of this chapter, any other persons included under Code Section 33-37-2 shall be deemed to be insurers. (12.1) 'Insurer-member' means an insurer who is a member of a federal home loan bank. (13) 'Preferred claim' means any claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer. (14) 'Receiver' means receiver, liquidator, rehabilitator, or conservator as the context requires. (15) 'Secured claim' means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. The term also includes claims which have become liens upon specific assets by reason of judicial process. (16) 'Special deposit claim' means any claim secured by a deposit made pursuant to statute for the security or benefit of a limited class or classes of persons, but not including any claim secured by general assets. (17) 'State' means any state, district, or territory of the United States. (18) 'Transfer' shall include the sale and every other and different mode, direct or indirect, of disposing of or of parting with property, an interest therein, the possession thereof or of fixing a lien upon property or upon an interest therein, whether absolutely or conditionally, voluntarily, or by or without judicial proceedings. The retention of a security title to property delivered to a debtor shall be deemed a transfer suffered by the debtor."

SECTION 2. Said chapter is further amended in Code Section 33-37-50, relating to commissioner appointed as liquidator of foreign or alien insurer's assets and grounds, by revising subsection (d) as follows:

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"(d) If a domiciliary liquidator is appointed in another state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter act as ancillary receiver under Code Section 33-37-52."

SECTION 3. Said chapter is further amended by revising Code Section 33-37-51, relating to title to property of insurer domiciled in reciprocal or nonreciprocal state, date of vesting in domiciliary liquidator or Commissioner, rights of resident claimants, as follows:
"33-37-51. (a) The domiciliary liquidator of an insurer domiciled in another state shall, except as to special deposits and security on secured claims under subsection (c) of Code Section 33-37-52, be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents' balances, and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He or she also shall have the right to recover all other assets of the insurer located in this state, subject to the provisions of Code Section 33-37-52. (b) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings."

SECTION 4. Said chapter is further amended by revising Code Section 33-37-52, relating to commissioner as ancillary receiver for insurer not domiciled in this state, as follows:
"33-37-52. (a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the Commissioner may file a petition with the superior court requesting appointment as ancillary receiver in this state:
(1) If he or she finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or (2) If the protection of creditors or policyholders in this state so requires. (b) The court may issue an order appointing an ancillary receiver in whatever terms it shall deem appropriate. The filing or recording of the order with the appropriate clerk of the superior court in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk.

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(c) When a domiciliary liquidator has been appointed in another state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. He or she shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator or his or her designee, at the direction of the domiciliary liquidator. Subject to this Code section, the ancillary receiver and his or her deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state. (d) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in other states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties, and powers to those provided in subsection (c) of this Code section for ancillary receivers appointed in this state. (e) If the Commissioner elects not to file a petition with the superior court requesting appointment as ancillary receiver in this state pursuant to subsection (a) of this Code section, the Commissioner may, notwithstanding the provisions of Code Sections 33-3-8 through 33-3-10 and Code Sections 33-12-8 and 33-12-9, transfer title and possession of all special deposits under his or her control to the domiciliary liquidator or his or her designee, at the direction of the domiciliary liquidator. Prior to transferring title and possession of such special deposits, the Commissioner may require the domiciliary liquidator to agree, in writing, to handle such deposits and special deposit claims in accordance with the statutes pursuant to which the special deposits were required and to any other requirements deemed necessary by the Commissioner."

SECTION 5. Said chapter is further amended by revising Code Section 33-37-54, relating to rights of nonresident claimants in proceeding against domiciliary insurer, as follows:
"33-37-54. (a) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in other states where an ancillary receiver has not been appointed must file claims in this state, and claimants residing in other states where an ancillary receiver has been appointed may file claims either with the ancillary receivers in their respective states or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in other states where an ancillary receiver has been appointed may be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceedings in the other states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (b) of Code Section 33-37-55 with respect to ancillary proceedings,

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the final allowance of claims by the courts in ancillary proceedings in other states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under Code Section 33-37-41."

SECTION 6. Said chapter is further amended by revising Code Section 33-37-55, relating to rights of resident claimants in proceeding in reciprocal state against nondomiciliary insurer, as follows:
"33-37-55. (a) In a liquidation proceeding in another state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his or her claim in this state, he or she shall file such claim with the ancillary receiver in the manner provided in Code Sections 33-37-34 and 33-37-35. The ancillary receiver shall make his or her recommendation to the court as under Code Section 33-37-42. He or she shall also arrange a date for hearing if necessary under Code Section 33-37-38 and shall give notice to the liquidator in the domiciliary state, either by certified mail or statutory overnight delivery or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or statutory overnight delivery or by personal service, of his or her intention to contest the claim, he or she shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. (c) If a claimant files a claim in this state with the ancillary receiver, the final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state."

SECTION 7. Said chapter is further amended in Code Section 33-37-57, relating to superiority of order of distribution issued by domiciliary state, priority of payment and claims, and rights of secured creditors, by revising subsection (a) as follows:
"(a) In a liquidation proceeding in this state involving one or more other states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and other states. All claims of residents of other states shall be given equal priority of payment from general assets regardless of where such assets are located."

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SECTION 8. Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities, is amended in Code Section 33-10-13, relating to standard valuation, by revising subsection (t) as follows:
"(t)(1) An insurer that has less than $300 million of ordinary life premiums and that is licensed and doing business in this state and that is subject to the requirements of subsections (o) through (r) of this Code section may hold reserves based on the mortality tables and interest rates defined by the valuation manual for net premium reserves and using the methodologies described in subsections (g) through (m) of this Code section as they apply to ordinary life insurance in lieu of the reserves required by subsections (o) and (p) of this Code section, provided that:
(A) If the insurer is a member of a group of life insurers, the group has combined ordinary life premiums of less than $600 million; (B) The insurer reported total adjusted capital of at least 450 percent of authorized control level risk based capital in the risk based capital report for the prior calendar year; (C) The appointed actuary has provided an unqualified opinion on the reserves for the prior calendar year; and (D) The insurer has provided a certification by a qualified actuary that any universal life policy with a secondary guarantee issued by the insurer after the operative date of the valuation manual meets the definition of a nonmaterial secondary guarantee universal life product as defined in the valuation manual. (2) For purposes of paragraph (1) of this subsection, ordinary life premiums are measured as direct premium plus reinsurance assumed from an unaffiliated company, as reported in the annual statement for the prior calendar year. (3) A domestic company meeting all of the conditions provided in this subsection may file, prior to July 1 of the current calendar year, a statement with the Commissioner certifying that such conditions are met for the current calendar year based on premiums and other values from the financial statements for the prior calendar year. The Commissioner may reject such statement prior to September 1 and require a company to comply with the valuation manual requirements for life insurance reserves."

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

Approved May 3, 2016.

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LAW ENFORCEMENT OFFICERS AND AGENCIES AUTHORIZE LOCAL GOVERNMENTS TO PERMIT CERTAIN SWORN OFFICERS TO RETAIN WEAPON AND BADGE UPON RETIREMENT OR LEAVING EMPLOYMENT DUE TO DISABILITY.

No. 609 (Senate Bill No. 263).

AN ACT

To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to provide that the governing authority of each municipality and county in this state and each board of education which employs sworn police officers who are P.O.S.T. certified may adopt policies under which such sworn officers, upon their retirement or upon leaving such employment as a result of a disability arising in the line of duty, may retain his or her weapon and badge; 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 regarding law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-20. The governing authority of each municipality and county in this state and each board of education which employs sworn police officers who are certified by the Georgia Peace Officer Standards and Training Council may adopt policies under which such sworn officers, upon their retirement from employment by such municipality, county, or board of education or upon leaving such employment as a result of a disability arising in the line of duty, shall be entitled, as part of his or her compensation, to retain his or her weapon and badge."

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

Approved May 3, 2016.

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EDUCATION TECHNICAL COLLEGE SYSTEM; POLICIES FOR GRANTING ACADEMIC CREDIT FOR COLLEGE LEVEL LEARNING FROM MILITARY SERVICE.

No. 610 (Senate Bill No. 18).

AN ACT

To amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to provide that the Technical College System of Georgia shall maintain policies for granting academic credit to students for college level learning acquired prior to enrollment from military service; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by adding a new Code section to read as follows:
"20-4-38. The State Board of the Technical College System of Georgia shall maintain a policy by which institutions of the Technical College System of Georgia shall grant academic credit to active duty military or veteran students for college level learning acquired prior to enrollment from military service; provided, however, that the training and experience obtained through such military service shall be substantially related to the coursework for which any such academic credit is granted."

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

Approved May 3, 2016.

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INSURANCE COMPREHENSIVE REVISION OF PROVISIONS REGARDING CAPTIVE INSURANCE COMPANIES.

No. 611 (Senate Bill No. 347).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for extensive changes to the captive insurance company provisions of this title; to provide for definitions for types of captive insurance companies; to provide for creation and regulation of different types of captive insurance companies; to provide for certain exemptions; to change certain requirements; to provide for regulation by the Commissioner; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Chapter 41, relating to captive insurance companies, as follows:

"CHAPTER 41

33-41-1. This chapter shall be known and may be cited as the 'Georgia Captive Insurance Company Act.'

33-41-2. Terms not defined in this chapter shall have the same meaning ascribed to them in this title. As used in this chapter, unless the context otherwise requires, the term:
(1) 'Affiliate' means an individual, partnership, corporation, limited liability company, trust, or estate that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with one or more of the shareholders or members of a captive insurance company. Affiliates shall also include employees of any shareholder or member, or any affiliate thereof, of a captive insurance company. For the purpose of the foregoing definition of affiliate, 'control' means:
(A) Ownership of shares of a corporation possessing 50 percent or more of the total voting power of all classes of shares entitled to vote or possessing 50 percent or more of the total value of the outstanding shares of the corporation; and (B) Ownership of 50 percent or more by value of the beneficial or membership interests in a partnership, trust, limited liability company, or estate.

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(2) 'Agency captive insurance' company means: (A) An insurance company that is owned or controlled by an insurance agency, brokerage, managing general agent, or reinsurance intermediary, or an affiliate thereof, or under common ownership or control with such agency, brokerage, managing general agent, or reinsurance intermediary, and that only reinsures the risk of insurance or annuity contracts placed by or through such agency, brokerage, managing general agent, or reinsurance intermediary; or (B) An insurance company that is owned or controlled by a marketer, producer, administrator, issuer, or provider of service contracts or warranties and that only reinsures the contractual liability arising out of such service contracts or warranties sold through such marketer, producer, administrator, issuer, or provider.
(3) 'Association' means any membership organization whose members consist of a group of individuals, corporations, partnerships, or other entities or associations who engage in similar or related professional, trade, or business activities and who collectively own, control, or hold with power to vote all of the outstanding voting interests of an association captive insurance company or of a person that is the sole shareholder of an association captive insurance company. (4) 'Association captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the similar or related risks of members and affiliates of members of its association. (5) 'Captive insurance company' means any pure captive insurance company, association captive insurance company, agency captive insurance company, industrial insured captive insurance company, or risk retention group captive insurance company. (6) 'Controlled unaffiliated business' means:
(A) A person: (i) That is not an affiliate of the parent; (ii) That has an existing contractual relationship with an affiliate of the parent under which the affiliate bears a potential financial loss; and (iii) The risks of which are managed by a captive insurance company under an arrangement approved by the Commissioner; or
(B) A reinsurance pooling arrangement with other captive insurance companies that is approved by the Commissioner. (7) 'Industrial insured' means an insured: (A) Who procures the insurance of any risk or risks through the use of the services of a full-time employee who acts as an insurance manager, risk manager, or insurance buyer or through the services of a person licensed as a property and casualty agent, broker, or counselor in such person's state of domicile; (B) Whose aggregate annual premiums for insurance on all risks total at least $25,000.00; and (C) Who either:
(i) Has at least 25 full-time employees;

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(ii) Has gross assets in excess of $3 million; or (iii) Has annual gross revenues in excess of $5 million. (8) 'Industrial insured captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of industrial insureds and their affiliates and which has as its shareholders or members only industrial insureds that are insured or reinsured by the industrial insured captive insurance company or which has as its sole shareholder or sole member an entity whose only owners are industrial insureds that are insured or reinsured by the industrial insured captive insurance company. (9) 'Parent' means an entity which directly owns shares representing more than 50 percent of the total outstanding voting power and value of a pure captive insurance company. (10) 'Pure captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of its parent and affiliates of its parent, and controlled unaffiliated business. (11) 'Risk retention group captive insurance company' is any captive insurance company which has been granted a certificate of authority under this chapter and determined by the Commissioner to be established and maintained as a 'risk retention group' as defined under the federal Liability Risk Retention Act of 1986, as amended. A risk retention group may be chartered and licensed either under this chapter or under Chapter 40 of this title. (12) 'Transact,' as used in this chapter, shall not include the organizational activities associated with the preliminary formation, incorporation, petitioning for a certificate of authority, and initial capitalization of a captive insurance company.

33-41-3. (a) Subject to the provisions of subsection (c) of this Code section and the other provisions of this chapter, a captive insurance company, where permitted by its articles of incorporation, may engage in the business of any of the following kinds of insurance or reinsurance:
(1) Casualty, as described in Code Section 33-7-3 but excluding accident and sickness insurance as defined in Code Section 33-7-2, except for a pure captive insurance company, which may engage in the business of accident and sickness insurance as defined in Code Section 33-7-2; (2) Marine and transportation, as described in Code Section 33-7-5; (3) Property, as described in Code Section 33-7-6; and (4) Surety, as described in Code Section 33-7-7. (b) Insurance policies and bonds issued by a captive insurance company for workers' compensation insurance and motor vehicle accident insurance shall be in conformity with all minimum requirements for coverages and coverage amounts established by the state for such types of insurance. Such insurance policies and bonds issued by a captive insurance

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company shall constitute satisfactory proof that the motor vehicle owners or employers, as applicable, insured under such policies or bonds have satisfied the requirements for motor vehicle accident insurance prescribed by Code Section 33-34-4 and for workers' compensation insurance prescribed by Code Section 34-9-121. (c) Except as otherwise provided in subsection (d) of this Code section:
(1) A captive insurance company shall not insure or reinsure any risks resulting from: (A) Any personal, familial, or household responsibilities; or (B) Activities other than risks resulting from responsibilities arising out of any business, whether profit or nonprofit; trade; product; services, including professional or fiduciary services; or commercial premises or commercial operations;
(2) A captive insurance company may only cede reinsurance as provided in Code Section 33-41-14; (3) A pure captive insurance company may only insure or reinsure the risks of its parent, affiliates of its parent, and its controlled unaffiliated business; (4) An association captive insurance company may only insure or reinsure the risks of the members of its association and their affiliates; (5) An industrial insured captive insurance company may only insure or reinsure the risks of the industrial insureds, and their affiliates, that are its shareholders or shareholders of its sole shareholder; and (6) A risk retention group captive insurance company may only insure or reinsure the risks of its group members. (d) A captive insurance company may reinsure the risks insured or reinsured either directly or indirectly by: (1) Any other captive insurance company; or (2) Any foreign or alien insurance company which satisfies the ownership or membership requirements of a captive insurance company under this chapter; provided, however, that the risks insured or reinsured from the foreign or alien insurance company are solely those of its owners or members or their affiliates.

33-41-4. No captive insurance company may transact any insurance in this state unless:
(1) It first obtains from the Commissioner a certificate of authority authorizing it to transact insurance in this state; (2) It maintains its principal place of business in this state; (3) Any organization providing the principal administrative or management services to such captive insurance company shall be approved by the Commissioner; and (4) Its board of directors holds at least one meeting each year in this state.

33-41-5. (a) A pure captive insurance company or an agency captive insurance company must be incorporated as a stock insurer with its capital divided into shares.

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(b) An association captive insurance company, or an industrial insured captive insurance company, or a risk retention group captive insurance company shall be incorporated:
(1) As a stock insurer with its capital divided into shares; or (2) As a mutual insurer without capital stock, the governing body of which is elected by its members. (c) The applicable statutes of this state relating to the powers and procedures of domestic corporations shall apply to captive insurance companies, except where in conflict with the express provisions of this chapter or regulations promulgated hereunder; provided, however, that captive insurance companies are exempt from the requirements of subsection (b) of Code Section 33-14-5. (d) The incorporation procedures of Code Sections 33-14-4 through 33-14-6, inclusive, and the amendment procedures of Code Section 33-14-8 shall apply to captive insurance companies; provided, however, that captive insurance companies are exempt from the publishing and probate court certification requirements of Code Sections 33-14-5 and 33-14-8.

33-41-6. (a) A captive insurance company shall not use any name which is either similar, misleading, or confusing with respect to any other name already in use by any other captive insurance company, domestic mutual or stock insurance company, corporation, or association organized or doing business in this state. The Commissioner shall not approve the articles of incorporation of an applicant attempting to use such a name nor shall the Commissioner approve an application for a certificate of authority from such applicant.
(b)(1) With the exception of risk retention group captive insurance companies, the name of a captive insurance company shall include the words 'captive insurance company.' (2) The name of a risk retention group captive insurance company shall include the words 'risk retention group captive insurance company.' (c) If the captive insurance company is a mutual insurer, the word 'mutual' shall also be a part of the name.

33-41-7. (a) The affairs of every captive insurance company shall be managed by not less than three directors. (b) At least one of the directors of every captive insurance company shall be a resident of this state, and a majority of the directors shall be citizens of the United States. (c) Every captive insurance company shall report to the Commissioner within 30 days after any change in its directors including in its report a statement of the business and professional background and affiliations of any new director.

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33-41-8. (a) The amount of minimum capital or surplus required for each captive insurance company shall be determined on an individual basis, however:
(1) A pure captive insurance company shall maintain at least $250,000.00 in surplus; (2) An association captive insurance company shall maintain at least $500,000.00 in surplus; (3) An agency captive insurance company shall maintain at least $250,000.00 in surplus; (4) An industrial insured captive insurance company shall maintain at least $500,000.00 in surplus; and (5) A risk retention group shall maintain at least $500,000.00 in surplus. The Commissioner may require additional capital or surplus of any captive insurance company in an amount he or she deems appropriate under the circumstances based on the captive insurance company's business plan as described in paragraph (2) of subsection (a) of Code Section 33-41-10. Additional capital or surplus may be required if the captive insurance company's business plan indicates that an increase is required in order for the captive insurance company to meet its contractual obligations to its policyholders or to maintain its solvency. (b) Minimum capital or surplus of up to $500,000.00 shall be maintained in any of the following: (1) Cash; (2) Certificates of deposit or similar certificates or evidences of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; (3) Savings accounts, certificates of deposit, or similar certificates or evidences of deposit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation; or (4) Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9. (c) One hundred thousand dollars of the minimum capital or surplus of an association captive insurance company, an industrial insured captive insurance company, or a risk retention group captive insurance company must be deposited with the state prior to the issuance of a certificate of authority. (d) Any additional capital or surplus in excess of $500,000.00 required by the Commissioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following: (1) Any eligible investments of minimum capital or surplus authorized under Code Section 33-11-5; (2) Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9; or

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(3) Any other investments approved by the Commissioner that do not impair the financial solvency of the captive insurance company.

33-41-9. (a) Any letter of credit used to meet the requirements set forth in Code Sections 33-41-8, 33-41-12, and 33-41-14 shall be:
(1) Clean, irrevocable, and unconditional; (2) Issued by a bank approved by the Commissioner, which is either a bank chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System; (3) Presentable and payable within the State of Georgia; and (4) Provided in conformity with any other requirements established by the Commissioner. (b) The Commissioner may require any captive insurance company to draw upon its letters of credit at any time, in amounts determined by the Commissioner, if the Commissioner determines that such action is necessary for the protection of the interests of the captive insurance company's policyholders.

33-41-10. (a) The application for an original certificate of authority for a captive insurance company must be filed with the Commissioner and shall contain the following:
(1) A copy of the captive insurance company's adopted or proposed articles of incorporation and bylaws; (2) A business plan which shall contain the following:
(A) A plan of operation or a feasibility study describing the anticipated activities and results of the captive insurance company which shall include:
(i) A description of the coverages, coverage limits and deductibles, and premium rating systems for the lines of insurance or reinsurance that the captive insurance company intends to offer; (ii) Historical and expected loss experience of the risks to be insured or reinsured by the captive insurance company; (iii) Pro forma financial statements and projections of the proposed business operations of the captive insurance company; (iv) An analysis of the adequacy of the captive insurance company's proposed premiums and capital and surplus levels relative to the risks to be insured or reinsured by the captive insurance company; (v) A statement of the captive insurance company's net retained limit of liability on any contract of insurance or reinsurance it intends to issue and the nature of any reinsurance it intends to cede; (vi) A statement certifying that the captive insurance company's investment policy is in compliance with this title and specifying the type of investments to be made pursuant to Code Section 33-41-18;

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(vii) A statement identifying the geographic areas in which the captive insurance company intends to operate; (viii) A statement identifying the persons or organizations who will perform the captive insurance company's major operational functions, including management, underwriting, accounting, investment of assets, claims adjusting and loss control, and the adequacy of the expertise, experience, and character of such persons or organizations; and (ix) Whenever required by the Commissioner, an appropriate opinion by a qualified independent casualty actuary regarding the adequacy of the captive insurance company's proposed capital, surplus, and premium levels; and (B) Such other items deemed relevant by the Commissioner in ascertaining whether the proposed captive insurance company will be able to meet its contractual obligations. (b) In determining whether to approve an application for an original or renewal certificate of authority to a captive insurance company, the Commissioner shall examine the items submitted to him pursuant to subsections (a), (e), and (f) of this Code section. The Commissioner may rely upon and accept the reports of independent agents who may include licensed insurance counselors, brokers, agents, or adjusters discussed under Chapter 23 of this title, certified actuarial consultants, certified public accountants, risk managers, and examiners of insurance companies in order to facilitate his examination of the application for a certificate of authority by a captive insurance company. The expenses and charges of such independent agents shall be paid directly by the captive insurance company. (c) Each captive insurance company shall pay to the Commissioner an amount equal to all costs of examining, investigating, and processing its application for an original or renewal certificate of authority. In addition, it shall pay a fee for the initial year of registration and a renewal fee for each year thereafter in the amount periodically imposed under this title upon other domestic insurance companies. (d) Pursuant to Code Section 33-3-15, if the Commissioner is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of this chapter, he shall notify the captive insurance company of his intention to issue a certificate of authority. (e) After the captive insurance company has been notified pursuant to subsection (d) of this Code section, the captive insurance company shall provide the Commissioner with: (1) Evidence satisfactory to the Commissioner that the minimum capital or surplus required for the particular captive insurance company under Code Section 33-41-8 has been paid in and that the appropriate amount thereof has been deposited with the state; and (2) A financial statement showing the assets and liabilities of the captive insurance company which is certified by its president and calculated in accordance with the accounting standards set out in Chapter 10 of this title, except as modified by this chapter.

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Thereafter, the Commissioner shall promptly issue a certificate of authority authorizing the captive insurance company to transact insurance in this state until the thirtieth day of June thereafter. (f) Any material change in the items required under subsection (a) of this Code section shall require the prior approval of the Commissioner. Any material change which is not disapproved by the Commissioner within 30 days after its submission shall be deemed approved.

33-41-11. (a) The certificate of authority of a captive insurance company to transact insurance in this state may be refused or suspended or not be renewed pursuant to Code Sections 33-3-17 through 33-3-19, inclusive. (b) A certificate of authority shall expire, be renewed, and be amended by the Commissioner pursuant to Code Section 33-3-16; provided, however, that captive insurance companies shall not be subject to the publishing requirements of such Code section.

33-41-12. For the purposes of determining the financial condition of a captive insurance company, including, but not limited to, the maintenance of adequate reserves pursuant to Code Section 33-41-13, the reporting of business affairs pursuant to Code Section 33-41-15, and the examinations and investigations pursuant to Code Section 33-41-16, there shall be allowed as assets of a captive insurance company:
(1) Those assets described in Code Section 33-10-1; (2) Those assets otherwise authorized by Code Sections 33-41-8 and 33-41-14; (3) Obligations for premium payments, provided that such obligations are secured by letters of credit, as described in Code Section 33-41-9; and (4) Assets that are approved by the Commissioner as admitted assets under rules adopted pursuant to this chapter.

33-41-13. (a) Every captive insurance company shall maintain reserves in an amount estimated in the aggregate to provide for the payment of all unpaid losses and claims incurred, whether reported or unreported, for which such captive insurance company may be liable, together with the expenses of adjustment or settlement of such losses and claims. Every captive insurance company shall keep a complete and itemized record, in a form satisfactory to the Commissioner, showing all losses and claims on which it has received notice. (b) If the loss experience of a captive insurance company shows that its loss reserves, however estimated, are inadequate, the Commissioner shall require the captive insurance company to maintain increased amounts of loss reserves as are needed to make its loss reserves adequate.

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(c) Every captive insurance company shall maintain an unearned premium reserve on all policies in force which shall never be less in the aggregate than the captive insurance company's actual liability to all its insureds for the return of gross unearned premiums computed pursuant to the method commonly referred to as the monthly pro rata method.

33-41-14. (a) A captive insurance company may cede any part of its risks to a reinsurer pursuant to a written reinsurance agreement and may take credit as an asset or a deduction from its liabilities for the amount of reinsurance premiums recoverable under such reinsurance agreement:
(1) If the reinsurer is in compliance with Code Section 33-7-14; (2) To the extent that assets are deposited or withheld from the reinsurer under a written trust or escrow agreement approved by the Commissioner pursuant to an express provision in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder, provided that:
(A) The assets deposited or withheld are held subject to withdrawal by, and under the control of, the ceding captive insurance company; or (B) The assets deposited or withheld are placed in a trust or escrow account for such purposes in a bank which is either chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System and withdrawals cannot be made without the express written consent of the ceding captive insurance company; (3) To the extent of the amount of a letter of credit, as described in Code Section 33-41-9, given pursuant to an express provision in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder; or (4) When the Commissioner shall otherwise authorize such credits or deductions. (b) Any assets deposited or withheld under paragraph (2) of subsection (a) of this Code section must be in the form of cash, as defined in Code Section 33-11-6, or securities which must have a market value equal to or greater than the credit taken and are qualified as allowed assets for a domestic insurer under Chapter 11 of this title. (c) No credit shall be allowed for reinsurance in any unauthorized assuming reinsurer unless such reinsurer designates the Commissioner as agent for service of process in any action arising out of, or in connection with, such reinsurance.

33-41-15. Each captive insurance company shall be required to file annual and other reports of its business affairs and operations as prescribed by Code Section 33-3-21.

33-41-16. (a) The Commissioner or his or her designated agent may visit each captive insurance company at any time and examine its affairs in order to ascertain its financial condition, its ability to fulfill its contractual obligations, and its compliance with this chapter. For these

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purposes, the Commissioner or his or her designated agent shall have free access to all of the books and records relating to the business of the captive insurance company. The expenses and charges of any examination conducted pursuant to this Code section shall be paid directly by the captive insurance company examined. (b) When necessary or desirable to assist in any examination under this Code section, the Commissioner may retain such independent agents as described in subsection (b) of Code Section 33-41-10, as the Commissioner deems appropriate, in order to facilitate his or her examination under this Code section. The expenses and charges of such persons so retained or designated shall be paid directly by the captive insurance company. The provision of subsection (g) of Code Section 33-2-14 shall apply to examinations of any captive insurance company. (c) All portions of license applications reasonably designated confidential by or on behalf of an applicant pure or agency captive insurance company, all information and documents, and any copies of the foregoing, produced or obtained by or submitted or disclosed to the Commissioner pursuant to this chapter that are reasonably designated confidential by a pure or agency captive insurance company, and all examination reports, preliminary examination reports, working papers, recorded information, other documents, and any copies of any of the foregoing, produced or obtained by or submitted or disclosed to the Commissioner pursuant to this chapter shall be given confidential treatment, except as to disclosures consented to by the pure or agency captive insurance company, and shall not be subject to subpoena, shall not be made public by the Commissioner, and shall not be provided or disclosed to any other person at any time except to:
(1) Insurance commissioners of any state or of any foreign country or jurisdiction, provided that:
(A) Such receiving party shall agree in writing to maintain the confidentiality of such information; and (B) The laws of the receiving party require such information to be and to remain confidential; or (2) A law enforcement official or agency of this state, any other state, or the United States of America so long as such official or agency agrees in writing to hold it confidential and in a manner consistent with this Code section.

33-41-17. The Commissioner may impose fines as prescribed by Code Section 33-3-20.

33-41-18. Except as provided in Code Section 33-41-8:
(1) Risk retention group captive insurance companies, industrial insured captive insurance companies, and association captive insurance companies shall comply with the investment requirements contained in Article 2 of Chapter 11 of this title; and

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(2) Pure captive insurance companies and agency captive insurance companies shall not be subject to any restrictions on eligible investments whatever, including those limitations contained in Chapter 11 of this title; provided, however, that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of any such captive insurance company.

33-41-19. (a) No captive insurance company shall be required to join or use the rates, rating systems, underwriting rules, or policy or bond forms of a rating or advisory organization as defined in Code Section 33-9-2. (b) No captive insurance company shall be required to file its premium rates or policy forms with, or seek approval of such rates or forms from, the Commissioner or any other authority of this state. However, the Commissioner shall impose minimum premiums upon association captive insurance companies which write motor vehicle liability insurance coverage required by law and do not participate in the Georgia Insurers Insolvency Pool. (c) Each captive insurance company shall provide the following notice in ten-point type on the front page and declaration page on all policies and on the front page of all applications for policies:
'This captive insurance company is not subject to all of the insurance laws and regulations of the State of Georgia. State insurers insolvency guaranty funds are not available to the policyholders of this captive insurance company.'

33-41-20. (a)(1) No captive insurance company other than an association or industrial insured captive insurance company issuing workers' compensation insurance contracts shall be permitted to join or contribute financially to the Georgia Insurers Insolvency Pool under Chapter 36 of this title or any other plan, pool, or association guaranty or insolvency fund in this state. Other than an association or industrial insured captive insurance company issuing workers' compensation insurance contracts, no captive insurance company, or its insureds or claimants against its insureds, nor its parent or any affiliated company shall receive any benefit from the Georgia Insurers Insolvency Pool or any other plan, pool, or association guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. (2) No captive insurance company shall be required to participate in any FAIR Plan established and maintained in this state under Chapter 33 of this title. (3) No captive insurance company shall be required to participate in any joint underwriting association established and maintained in this state under Chapter 9 of this title.
(b) Captive insurance companies shall be assessed on the same basis as self-insurers for the purpose of payments to the Subsequent Injury Trust Fund as described in Chapter 9 of Title 34.

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33-41-20.1. (a) On and after January 1, 2008, every association and industrial insured captive insurance company issuing workers' compensation insurance contracts shall become a member of the Georgia Insurers Insolvency Pool under Chapter 36 of this title as to workers' compensation only. Such captive insurance companies shall be liable for assessments pursuant to Code Section 33-36-7 and for all other obligations imposed pursuant to Chapter 36 of this title as to workers' compensation only. (b) Except as provided for in Code Section 33-36-20, the Georgia Insurers Insolvency Pool shall not be liable for any claims incurred by any captive insurance company before January 1, 2008.

33-41-21. The provisions of Chapter 37 of this title shall apply to and govern the rehabilitation, reorganization, conservation, and liquidation of captive insurance companies.

33-41-22. In lieu of any other taxes imposed by this title, all captive insurance companies licensed under this chapter shall pay the following taxes:
(1) A tax at the rate of 0.4 percent on the first $20 million and 0.3 percent on each dollar thereafter on its direct premiums collected, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums which must include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders; (2) A tax at the rate of 0.225 percent on the first $20 million of assumed reinsurance premium, and 0.150 percent on the next $20 million and 0.050 percent on the next $20 million, and 0.025 percent of each dollar thereafter. However, no reinsurance tax applies to premiums for risks or portions of risks that are subject to taxation on a direct basis pursuant to paragraph (1) of this Code section. No reinsurance premium tax shall be payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control, provided that the Commissioner verifies that such transaction is part of a plan to discontinue the operations of such other insurer, and if the intent of the parties to such transaction is to renew or maintain such business with the captive insurance company; (3) If the aggregate taxes to be paid by a captive insurance company calculated under paragraphs (1) and (2) of this Code section amount to more than $100,000.00 in any year, the captive insurance company shall pay a maximum tax of $100,000.00 for that year; (4) Two or more captive insurance companies under common ownership and control shall be taxed as though they were a single captive insurance company; and (5) The tax provided for in paragraphs (1) and (2) of this Code section shall be calculated on an annual basis, notwithstanding policies or contracts of insurance or contracts of

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reinsurance issued on a multiyear basis. In the case of multiyear policies or contracts, the premium shall be prorated for purposes of determining the tax due.

33-41-23. The Commissioner may establish such rules and regulations and issue such interpretive rulings as may be necessary to carry out the provisions of this chapter.

33-41-24. Any provisions of this title which are inconsistent with the provisions of this chapter shall not apply to captive insurance companies; provided, however, that pure and agency captive insurance companies shall not be subject to the requirements of Chapter 13 of this title."

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

Approved May 3, 2016.

__________

EDUCATION LOCAL BOARDS OF EDUCATION AND CHARTER SCHOOLS; PUBLIC MEETINGS
ON BUDGETS; NOTICE AND AVAILABILITY.
No. 612 (House Bill No. 65).
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 local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; to require that a summary of the proposed and adopted annual operating budget be posted on the Internet; to require that the detailed annual operating budget be made available upon request; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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:

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"20-2-167.1. (a) As used in this Code section, the term:
(1) 'Governing body' means the local board of education, governing council, governing board, or other entity by whatever name responsible for creating and implementing the budget of a local education agency. (2) 'Local education agency' means any local school system and any charter school subject to the provisions of Article 31 or 31A of this chapter, except this shall not include college and career academies that are charter schools; conversion charter schools, as defined in Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; or system charter schools, as defined in Code Section 20-2-2062. (b) Each governing body shall hold at least two public meetings, which shall not occur within the same week, for the purpose of providing an opportunity for public input on its proposed annual operating budget before adopting any budget; provided, however, that any other public meeting or hearing held that is related to the budget as required by law shall satisfy all or a portion of such requirement. The governing body of a charter school with a state-wide attendance zone and students residing in 25 percent or more of Georgia's counties or in three or more counties which are not geographically contiguous shall conduct one such public meeting virtually and one such public meeting in the county in which its primary business office is located. The public meetings shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised. (c) A summary of the annual operating budget proposed by the governing board and the annual operating budget adopted by the governing board shall be posted on a publicly available area of such governing body's website. The summary of the annual operating budget adopted by the governing body shall be maintained on such publicly available area of the website until the annual operating budget for the next fiscal year is adopted by the governing body. In the event a governing body elects to post the line item detailed proposed and adopted annual operating budgets on a publicly available area of its website, it shall be deemed in compliance with this subsection. (d) Upon request, each governing body shall provide to any person an electronic copy of the line item detailed adopted annual operating budget in a format suitable for analysis at no cost within three business days of such request, and the summary of the budget required by subsection (c) of this Code section shall give notice of such right. (e) The provisions of this Code section shall not be construed to apply to the operating budget or accounting records of a nonprofit corporation itself that operates a charter school."

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

Approved May 3, 2016.

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EDUCATION COLLEGE AND CAREER ACADEMIES AS CHARTER SCHOOLS OR AS SCHOOLS WITHIN STRATEGIC WAIVERS SCHOOL SYSTEM OR CHARTER SYSTEM.

No. 613 (Senate Bill No. 348).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for college and career academies as charter schools or as schools within a strategic waivers school system or charter system; to provide for requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising subsection (e) of Code Section 20-2-161.2, relating to work based learning programs, as follows:
"(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 shall be eligible for any funding or assistance available for the implementation of this Code section."

SECTION 2. Said title is further amended by revising paragraph (4) of Code Section 20-2-326, relating to definitions relative to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows:
"(4) 'College and career academy' means a specialized school established as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership that demonstrates a collaboration between business, industry, and community stakeholders to advance work force development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions."

SECTION 3. Said title is further amended by revising Code Section 20-4-37, relating to the Office of College and Career Transitions, as follows:
"20-4-37. (a)(1) It is the intent of the General Assembly to:

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(A) Increase high school graduation rates, potential job opportunities, and educational opportunities that will prepare students for success in college and the workplace; (B) Establish intergovernmental cooperation between postsecondary institutions and local boards of education and collaboration with business, industry, and community stakeholders to aid relevant education programs and in the development and support of new and existing college and career academies in Georgia; (C) Assist in the development of academic and career ready curriculum; (D) Establish and manage support grant opportunities and awards for new and existing college and career academies; (E) Establish a process that allows for college and career academy certification; and (F) Collect and analyze data to evaluate the effectiveness of dual credit and dual enrollment programs, secondary and postsecondary partnerships, and college and career academics. (2) The General Assembly finds that to accomplish these goals an office should be established to coordinate the efforts of the various education agencies. (b) As used in this Code section, the term: (1) 'Board' means the State Board of the Technical College System of Georgia. (2) 'Certification' means a formal process established by the Office of College and Career Transitions, and approved by the board, in which college and career academies successfully demonstrate appropriate levels of student achievement, community sustainability, work force development, and school level governance. (3) 'Charter petitioner' means a local board of education, group of local boards of education, private individual, private organization, state or local public entity, or any group of these that submits a petition for a charter in cooperation with one or more postsecondary institutions which have petitioned to establish a college and career academy as a charter school pursuant to Article 31 or Article 31A of Chapter 2 of this title. (4) 'Charter school' shall mean the schools included in paragraph (3) of Code Section 20-2-2062 and in paragraph (5) of Code Section 20-2-2081. (5) 'College and career academy' means a specialized school established as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership that demonstrates a collaboration between business, industry, and community stakeholders to advance work force development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions. A charter school, charter system, or strategic waivers school system contract establishing a college and career academy shall include provisions requiring that the college and career academy have a governing board reflective of the school community and the partnership with decision-making authority and requiring that governing board members complete initial and annual governance training, including, but not limited to, best practices on school governance, the constitutional and statutory requirements relating to

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public records and meetings, and the requirements of applicable statutes and rules and regulations. (6) 'Office' means the Office of College and Career Transitions established pursuant to subsection (c) of this Code section. (7) 'Postsecondary institution' means a local technical college, community college, university, or other postsecondary institution operating under the authority of the Technical College System of Georgia or the University System of Georgia or other not for profit postsecondary institution accredited by the Southern Association of Colleges and Schools. (8) 'Start-up costs' means initial operating or capital costs, including, but not limited to, costs of improving real property. (9) 'Supplemental funding' means funding for purposes other than start-up costs which are related to the establishment and operation of college and career academies. (c) The Office of College and Career Transitions shall be established within the Technical College System of Georgia to coordinate the efforts by the State Board of Education, the University System of Georgia, the Technical College System of Georgia, and other not for profit postsecondary institutions accredited by the Southern Association of Colleges and Schools in the professional development, curriculum support, and development and establishment of college and career academies. (d) The board shall be authorized to allocate funds, including state funds, federal funds, proceeds of general obligation debt, or any other available funds, for a particular purpose for college and career academies for start-up costs or for other purposes related to the establishment and operation of such academies by a grant consideration process. (e) A charter petitioner for a college and career academy that has submitted for approval or that has drafted for submission for approval a charter petition for a college and career academy or a local school system that is proposing a college and career academy as part of a contract to be a strategic waivers school system or charter system shall be authorized to submit to the board an application for start-up funds for such college and career academy. The board shall approve applications for start-up funds for college and career academies that meet the criteria and requirements established pursuant to subsections (i) and (j) of this Code section. As part of such funding application process, the office shall consider charter applications for college and career academies in cooperation with the Office of Charter School Compliance and consider proposed college and career academies as part of contracts to be strategic waivers school systems or charter systems and make recommendations to the State Board of Education for the approval, denial, and renewal of college and career academy charter petitions or proposed college and career academies within strategic waivers school systems or charter systems and specify the reasons for such recommendations. The State Board of Education shall consider such a recommendation from the office prior to approving or denying a charter petition for a college and career academy or a proposal for a college and career academy as part of a contract to be a strategic waivers school system or charter system. Funds shall not be released to an

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approved applicant unless the charter petition is approved by the State Board of Education pursuant to Article 31 of Chapter 2 of this title or the Georgia Charter Schools Commission in accordance with Article 31A of Chapter 2 of this title or unless the contract for a strategic waivers school system or charter system which is proposing a college and career academy has been approved. (f) The board shall be authorized to disburse supplemental funding to existing or new college and career academies which demonstrate a need for such funding.
(g)(1) The office shall establish a certification process, in collaboration with the Department of Education, for approval by the board. The office shall be authorized to certify college and career academies. The State Board of Education shall accept certification by the office as one component of determining compliance with charter and strategic waivers school system or charter system contract requirements. The State Board of Education may request supplemental information from charter petitioners, strategic waivers school systems, or charter systems. (2) Any certification process established pursuant to paragraph (1) of this subsection shall require that the applicant demonstrates how the proposed college and career academy will increase student achievement, provide for dual credit and dual enrollment opportunities, increase work based learning opportunities, and address work force development needs; articulates how the collaboration between business, industry, and community stakeholders will advance work force development; demonstrates local governance and autonomy; and shows other benefits that meet the needs of the students and community. (3) Certification by the office shall constitute a positive recommendation to the State Board of Education for renewal of a charter school or charter system pursuant to Code Section 20-2-2064.1 or an extension of a strategic waivers school system contract pursuant to Article 4 of Chapter 2 of this title. (h) The office shall be responsible for collecting and analyzing appropriate data from and about college and career academies on matters consisting of but not limited to college and career academy effectiveness. Collecting and reporting of data shall be in coordination with the Office of Charter School Compliance. (i) The board shall establish eligibility criteria, requirements, and procedures for the disbursement of funding to college and career academies pursuant to this Code section. Such criteria, requirements, and procedures shall consider the strength of the proposed cooperative arrangements between the local board of education, the group of local boards of education, a private individual, a private organization, or a state or local public entity and one or more postsecondary institutions and must include active support from and a partnership with local business and community leaders for the college and career academy. The board may establish a matching requirement for recipients of funds under this Code section. (j) A college and career academy receiving funds pursuant to this Code section shall submit an annual report to the board regarding the performance of such academy and the

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expenditure of funds received pursuant to this Code section. The report shall include, but not be limited to, academic data, financial statements, an evaluation of the progress relative to relationships between and among the business, industry, and community stakeholders, and any other information requested by the board to demonstrate the yearly progress or effectiveness of the college and career academy. (k) Representatives from business, industry, civic, and governmental agencies and educational organizations which are designated by the commissioner of the Technical College System of Georgia shall advise the board on matters pertaining to both the certification and governance of college and career academies."

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

Approved May 3, 2016.

__________

EDUCATION REQUIREMENTS FOR VIRTUAL INSTRUCTION PROVIDED TO STUDENTS ENROLLED IN A LOCAL SCHOOL SYSTEM AND RESIDING IN ANOTHER LOCAL SCHOOL SYSTEM.
No. 614 (House Bill No. 100).
AN ACT
To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing elementary and secondary education, so as to provide for requirements relating to virtual instruction provided to students enrolled in a local school system and residing in another local school system; to provide for automatic repeal of a provision; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing elementary and secondary education, is amended by adding a new Code section to read as follows:

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"20-2-167.1. (a) As used in this Code section, the term:
(1) 'Out-of-system student' means a student who is enrolled in a local school system and receives virtual instruction from a virtual school within the local school system, but who resides in another local school system. (2) 'Virtual instruction' means online instruction for grades kindergarten through 12. Such term shall not include virtual instruction received through the Georgia Virtual School established pursuant to Code Section 20-2-319.1 or the clearing-house established pursuant to Code Section 20-2-319.3, or through a state charter school which provides virtual instruction. (3) 'Virtual school' means a school within a local school system which provides virtual instruction. (b) A local school system that provides virtual instruction through a virtual school whose total student enrollment is composed of more than 5 percent out-of-system students shall: (1) Ensure that 90 percent of funds earned pursuant to this article for out-of-system students are expended for costs for virtual instruction for such out-of-system students and shall return any excess funds to the state treasury which are not expended for such purposes; (2) Include in the virtual school and local school system's College and Career Ready Performance Index data academic achievement results for out-of-system students; and (3) Not provide virtual instruction to out-of-system students in the current academic year if the local school system has a College and Career Ready Performance Index for the most recently available previous academic year that is below the state average for such previous year, and shall not provide virtual instruction to out-of-system students in the current academic year through a virtual school within the local school system that has a College and Career Ready Performance Index for the most recently available previous academic year that is below the state average for such previous year. This paragraph shall stand repealed in its entirety on June 30, 2019. (c) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code Section 20-2-2065 for a charter school, or Code Section 20-2-244."

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

Approved May 3, 2016.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

HEALTH RESTRICTIONS ON SALE AND DISPENSING OF SPECTACLES AND CONTACT LENSES.

No. 615 (House Bill No. 775).

AN ACT

To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for restrictions on the sale and dispensing of spectacles; to provide for definitions; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by revising Code Section 31-12-12, relating to restrictions on the sale or dispensing of contact lenses, as follows:
"31-12-12. (a) As used in this Code section, the term:
(1) 'Contact lens' means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect. Contact lens includes, but is not limited to, any cosmetic, therapeutic, or corrective lens. (2) 'Dispense' means the act of furnishing spectacles or contact lenses to an individual. (3) 'Eye examination' means an in-person assessment, which includes telemedicine at a physician's office or optometrist's office or in a hospital setting or hospital health system setting in accordance with the applicable standard of care, of the ocular health and visual status of an individual that does not consist of solely objective refractive data or information generated by an automated testing device, including an autorefractor or kiosk, in order to establish a medical diagnosis or for the establishment of refractive error. (4) 'Kiosk' means automatic equipment or application designed to be used on a telephone, a computer, or an Internet based device that can be used either in person or remotely to conduct an eye examination. (5) 'Over-the-counter spectacles' means eyeglasses or lenses in a frame for the correction of vision that may be sold by any person, firm, or corporation at retail without a prescription; these spectacles shall not exceed +3.25 diopters. (6) 'Prescription' means an optometrist's or ophthalmologist's handwritten or electronic order based on an eye examination that corrects refractive error.

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(7) 'Spectacles' means an optical instrument or device worn or used by an individual that has one or more lenses designed to correct or enhance vision addressing the visual needs of the individual wearer, commonly known as glasses or eyeglasses, including spectacles that may be adjusted by the wearer to achieve different types of visual correction or enhancement. Spectacles does not include an optical instrument or device that is not intended to correct or enhance vision or that is sold without consideration of the visual status of the individual who will use the optical instrument or device. Spectacles does not include over-the-counter spectacles.
(b)(1)(A) No person in this state shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses or spectacles to the ultimate user of such contact lenses or spectacles except persons licensed and regulated by Chapter 29, 30, or 34 of Title 43. (B) No person in this state shall write a prescription for contact lenses or spectacles except persons licensed and regulated by Chapter 30 or 34 of Title 43. (C) No person in this state shall write a prescription for contact lenses or spectacles unless an eye examination is performed. The prescription shall take into consideration any medical findings and any refractive error discovered during the eye examination. (2) Any person who violates a subparagraph of paragraph (1) of this subsection one or two times shall upon conviction be guilty of a misdemeanor and punished by imprisonment for up to one year or by a fine not to exceed $1,000.00 or by both such fine and imprisonment. Any person who violates a subparagraph of paragraph (1) of this subsection three or more times shall upon conviction be guilty of a felony and punished by imprisonment for one to five years or by a fine not to exceed $10,000.00 or by both such fine and imprisonment. (c) All contact lenses used in the determination of a contact lens prescription are considered to be diagnostic lenses. After the diagnostic period and the contact lenses have been adequately fitted and the patient released from immediate follow-up care by persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, the prescribing optometrist or ophthalmologist shall, upon the request of the patient, at no cost, provide a prescription in writing for replacement contact lenses. A person shall not dispense or adapt contact lenses or spectacles without first receiving authorization to do so by a written prescription, except when authorized orally to do so by a person licensed and regulated by Chapter 30 or 34 of Title 43. (d) Patients who comply with such fitting and follow-up requirements as may be established by the prescribing optometrist or ophthalmologist may obtain replacement contact lenses until the expiration date listed on the prescription from a person who may lawfully dispense contact lenses under subsection(b) of this Code section. (e) A prescriber may refuse to give the patient a copy of the patient's prescription until the patient has paid for all services rendered in connection with the prescription. (f) No replacement contact lenses may be sold or dispensed except pursuant to a prescription which:

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(1) Conforms to state and federal regulations governing such forms and includes the name, address, and state licensure number of a prescribing practitioner; (2) Explicitly states an expiration date of not more than 12 months from the date of the last prescribing contact lens examination, unless a medical or refractive problem affecting vision requires an earlier expiration date; (3) Explicitly states the number of refills; (4) Explicitly states that it is for contact lenses and indicates the lens brand name and type, including all specifications necessary for the ordering or fabrication of lenses; and (5) Is kept on file by the person selling or dispensing the replacement contact lenses for at least 24 months after the prescription is filled. (g) Anyone who fills a prescription bears the full responsibility of the accuracy of the contact lenses or spectacles provided under the prescription. At no time, without the direction of a prescriber, shall any changes or substitutions be made in the brand or type of lenses the prescription calls for with the exceptions of tint change if requested by the patient. However, if a prescription specifies 'only' a specific color or tinted lens, those instructions shall be observed. (h) All sales of and prescriptions for contact lenses in this state shall conform to the federal Fairness to Contact Lens Consumers Act, P.L. 108-164, 15 U.S.C.A. Section 7601, et seq. The provisions of this Code section shall be construed in aid of and in conformity with said federal act. (i) Civil proceedings to enforce the provisions of this Code section may be brought by any board created under Chapter 29, 30, or 34 of Title 43 or by any other interested person through injunction or other appropriate remedy."

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

Approved May 3, 2016.

__________

CRIMES AND OFFENSES CARRYING, POSSESSION, AND USE OF ELECTROSHOCK WEAPONS AT PUBLIC INSTITUTIONS OF POSTSECONDARY EDUCATION.

No. 616 (House Bill No. 792).

AN ACT

To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying,

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possession, and use of electroshock weapons while in or on any building or real property owned by or leased to a public institution of postsecondary education; to provide for a definition; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended in subsection (c) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, by deleting "or" at the end of paragraph (17), by replacing the period with "; or" at the end of paragraph (18), and by adding a new paragraph to read as follows:
"(19) Any person who is 18 years of age or older or currently enrolled in classes on the campus in question and carrying, possessing, or having under such person's control an electroshock weapon while in or on any building or real property owned by or leased to such public technical school, vocational school, college or university or other public institution of postsecondary education; provided, however, that, if such person makes use of such electroshock weapon, such use shall be in defense of self or others. The exemption under this paragraph shall apply only to such person in regard to such electroshock weapon. As used in this paragraph, the term 'electroshock weapon' means any commercially available device that is powered by electrical charging units and designed exclusively to be capable of incapacitating a person by electrical charge, including, but not limited to, a stun gun or taser as defined in subsection (a) of Code Section 16-11-106."

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

Approved May 3, 2016.

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EDUCATION REVISIONS REGARDING HOPE SCHOLARSHIP.

No. 617 (House Bill No. 801).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise various provisions regarding the HOPE scholarship; to include certain coursework in computer science as optional rigor requirements; to provide for weighted scores for certain college coursework; to provide for a biennial report; to clarify definitions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-157, relating to the uniform reporting system for certain purposes and academic eligibility requirements to receive a HOPE scholarship, by revising subsection (f) as follows:
"(f) Beginning with students graduating from high school on or after May 1, 2017, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least four courses prior to graduating from high school from the following categories:
(1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, computer science, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course shall only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection."

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SECTION 2. Said title is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by revising subsection (b) as follows:
"(b) To be eligible for a HOPE scholarship, a sophomore, junior, senior, or first professional student seeking an associate, baccalaureate, or first professional degree at an eligible postsecondary institution shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a part-time student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate or first professional student in a matriculated status. Beginning in academic year 2017-2018, the cumulative grade point average calculated pursuant to this subsection shall include weighted grades for specific science, technology, engineering, and mathematics (STEM) college courses identified by the Board of Regents of the University System of Georgia in consultation with the Technical College System of Georgia, the Department of Economic Development, and private eligible postsecondary institutions, by increasing the grade assigned by the instructor to the student for any such course by an additional 0.5 point if such grade is a B, C, or D. Such courses shall be academically rigorous and required for or leading to employment in high demand fields in Georgia in science, technology, engineering, and mathematics. Beginning with the completion of the 2017-2018 academic year, the Georgia Student Finance Commission shall provide a biennial report to the chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee at the following general session of the legislature. The report shall include the fields identified as high demand fields and associated workforce shortages in science, technology, engineering, mathematics, and health care; the courses identified as academically rigorous and their relevance to such fields; and any other pertinent information that the Georgia Student Finance Commission deems relevant. The Governor shall be authorized to convene a task force to identify high demand fields and associated workforce shortages and may recommend to the Board of Regents of the University System of Georgia initial science, technology, engineering, and mathematics college courses to receive additional weight."

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SECTION 3. Said title is further amended in Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, by revising paragraphs (9.1), (13), and (16.1) as follows:
"(9.1) 'Factor rate' means the percentage amount established by the Georgia Student Finance Commission against which the previous year tuition is multiplied for eligible public postsecondary institutions and against which the previous year HOPE award amount is multiplied for eligible private postsecondary institutions." "(13) 'HOPE award rate' means the rate equal to the previous academic year tuition charged by the eligible public postsecondary institution multiplied by the factor rate divided by 15. The Georgia Student Finance Commission shall recalculate the previous academic year tuition payment used to calculate the HOPE award rate to reflect changes in the mission or sector of an eligible public postsecondary institution that affects the tuition charged by that institution." "(16.1) 'HOPE tuition payment' means, in the case of an eligible private postsecondary institution, the amount paid for tuition based on the amount established by the General Assembly in an appropriations Act."

SECTION 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2016. (b) Section 3 of this Act shall become effective on July 1, 2020.

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

Approved May 3, 2016.

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EDUCATION SEAL OF BILITERACY FOR HIGH SCHOOL GRADUATES WHO ACHIEVE A LEVEL OF PROFICIENCY IN ONE OR MORE LANGUAGES IN ADDITION TO ENGLISH.

No. 618 (House Bill No. 879).

AN ACT

To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary educational programs, so as to provide for the issuance of a seal of biliteracy for high school graduates who have achieved a high level of proficiency in speaking, reading, and writing one or more languages in addition to English; to provide for criteria; to provide for participation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary educational programs, is amended by adding a new Code section to read as follows:
"20-2-159.5. (a) There is established a Georgia Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing one or more languages in addition to English. (b) The purposes of the Georgia Seal of Biliteracy are as follows:
(1) To encourage pupils to study foreign languages; (2) To certify attainment of biliteracy; (3) To provide employers with a method to identify people with language and biliteracy skills; (4) To provide universities with a method to recognize and give academic credit to applicants seeking admission; and (5) To recognize and promote foreign language instruction in public schools. (c) In order to qualify for the Georgia Seal of Biliteracy, a high school graduate shall meet the following criteria: (1) Completion of all English language arts requirements for graduation with an overall grade point average of 3.0 or above in those classes; and (2) Proficiency in one or more languages other than English, demonstrated by passing a foreign language advanced placement examination with a score of 4 or higher or an

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international baccalaureate examination with a score of 5 or higher; provided, however, that for languages in which an advanced placement examination is not available, the Department of Education may provide a listing of equivalent summative examinations that local school systems may use in place of such an advanced placement examination. (d)(1) A local school system participating in the Georgia Seal of Biliteracy program shall maintain appropriate records in order to identify pupils who have earned a Georgia Seal of Biliteracy and shall affix the appropriate insignia to the diploma or transcript of each pupil who earns such seal. (2) Local school system participation in the Georgia Seal of Biliteracy program shall be voluntary. No local school system shall be required to expend additional resources or hire additional personnel to implement the provisions of this Code section. (e) The Department of Education shall prepare and deliver to participating local school systems an appropriate insignia to be affixed to the diploma or transcript of the pupil indicating that such pupil has been awarded a Georgia Seal of Biliteracy."

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

Approved May 3, 2016.

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REVENUE AND TAXATION - TAX CREDIT FOR CREATING QUALITY JOBS; DEFINITION OF TAX PAYER.

No. 619 (House Bill No. 922).

AN ACT

To amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to a tax credit for creating quality jobs, so as to add a definition of taxpayer; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to a tax credit for creating quality jobs, is amended by adding a new paragraph to subsection (a) as follows:

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"(3) 'Taxpayer' means any person required by law to file a return or to pay taxes, except that any taxpayer may elect to consider the jobs within its disregarded entities, as defined in the Internal Revenue Code, for purposes of calculating the number of new quality jobs created by the taxpayer 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 be applicable to all taxable years beginning on or after January 1, 2016.

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

Approved May 3, 2016.

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FOOD, DRUGS, AND COSMETICS PHARMACISTS AND PHARMACIES; LICENSURE OF OUTSOURCING FACILITIES AND THIRD-PARTY LOGISTICS PROVIDERS; TEMPORARY LICENSES FOR SERVICE MEMBERS; COMPOUNDING OF DRUGS; DRUG SUPPLY CHAIN SECURITY; OUTDATED DRUGS.

No. 620 (House Bill No. 926).

AN ACT

To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the licensure of outsourcing facilities and third-party logistics providers; to provide for definitions; to provide for temporary pharmacy licenses for service members; to require that compounding of drug products for use in a practitioner's office can only be conducted by outsourcing facilities to conform to federal law; to establish requirements relating to drug supply chain security; to revise a provision relating to the return of outdated drugs; 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 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended in Code Section 26-4-5, relating to definitions, by adding new paragraphs to read as follows:
"(1.05) 'Authorized' means, in the case of a wholesale distributor, having a valid license pursuant to this chapter or 21 U.S.C. 360eee-1(a)(6) and complying with the licensure reporting requirements under 21 U.S.C. 360eee-3(b)." "(24.1) 'Outsourcing facility' means a facility that is engaged in the compounding of drugs and is registered with the federal Food and Drug Administration as an outsourcing facility pursuant to Section 503b of the federal act." "(40.1) 'Third-party logistics provider' means an entity that provides or coordinates warehousing, distribution, or other services on behalf of a manufacturer, wholesale distributor, or chain pharmacy but does not take title to a drug or have general responsibility to direct the sale or other disposition of the drug."

SECTION 2. Said chapter is further amended in Code Section 26-4-28, relating to the powers, duties, and authority of the Georgia State Board of Pharmacy, by revising paragraph (13) of subsection (a) as follows:
"(13) The issuance and renewal of licenses or permits of all persons engaged in the manufacture and distribution of drugs, including but not limited to all types of drug manufacturers, wholesale distributors, reverse drug distributors, outsourcing facilities, and third-party logistics providers. The board shall be authorized to establish all licensing and permit requirements of such entities by rule and regulation;"

SECTION 3. Said chapter is further amended by revising Code Section 26-4-43, relating to temporary pharmacy licenses, as follows:
"26-4-43. (a) A temporary license may be issued by the executive director upon the approval of the president of the board if an applicant produces satisfactory evidence of fulfilling the requirements for licensure under this article, except the examination requirement, and evidence of an emergency situation justifying such temporary license. Except as provided in subsection (b) of this Code section, temporary licenses shall expire at the end of the month following the third board meeting conducted after the issuance of such license and may not be reissued or renewed. (b) A temporary license may be issued to a service member, as defined in Code Section 26-4-44.2, for a period of six months. The board shall promulgate rules and regulations to effectuate this subsection.

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(c) Notwithstanding subsection (a) of this Code section, applicants who have been accepted for a pharmacy resident position in this state may be issued a temporary license if they meet the examination requirement for licensure as specified by the board."

SECTION 4. Said chapter is further amended by revising Code Section 26-4-86, relating to compounding and distribution of drug products, as follows:
"26-4-86. (a) The board shall establish rules and regulations governing the compounding and distribution of drug products by pharmacists, practitioners, and pharmacies licensed or registered by this state. Such rules and regulations shall include provisions ensuring compliance with USP-NF standards.
(b)(1) All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title. (2) All drug products compounded by a licensed outsourcing facility shall also be compounded in accordance with applicable current good manufacturing practices established by the federal Food and Drug Administration. (c) In regards to pharmacists compounding nonpatient specific sterile drugs to be provided to practitioners to use in patient care or altering or repackaging such drugs for practitioners to use in patient care in the practitioner's office, such nonpatient specific sterile compounding shall only be conducted by an outsourcing facility and as allowed by applicable federal law and board rule for pharmaceutical compounding using USP-NF standards for sterile compounding. Such sterile drugs may be compounded only in quantities determined by board rule following consultation with the Georgia Composite Medical Board. No Schedule II, III, IV, or V controlled substance, as defined in Article 2 of Chapter 13 of Title 16, shall be eligible for such designation. Nothing in this subsection shall be construed to apply to pharmacies owned or operated by institutions or to pharmacists or practitioners within or employed by an institution or affiliated entity; provided, however, that pharmacies owned or operated by institutions and pharmacists and practitioners within or employed by institutions or affiliated entities shall remain subject to other requirements, rules, and regulations established by the board and the federal Food and Drug Administration governing the compounding of medication. (d)(1) Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding. (2) Nothing in this Code section shall be construed to prohibit or interfere with the ability of a practitioner to compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130."

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SECTION 5. Said chapter is further amended in Code Section 26-4-113, relating to wholesale distributors, licensing requirements, suspension or revocation of license, and reinstatement, by revising subsection (b) as follows:
"(b) Except where otherwise permitted by law, it shall be unlawful for any type of manufacturer, wholesale distributor, reverse drug distributor, outsourcing facility, or third-party logistics provider to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter; provided, however, that out-of-state firms that conduct intracompany transfers of drugs or devices to and have the same ownership as a licensed firm in this state shall not be required to be licensed in this state pursuant to this chapter; and provided, further, that out-of-state third-party logistics providers that are licensed by their resident state or by the federal Food and Drug Administration shall not be required to obtain a license pursuant to this chapter. Any person who distributes or delivers drugs or devices to or receives drugs or devices from a person or firm not licensed under this chapter shall be subject to a fine to be imposed by the board for each offense in addition to such other disciplinary action the board may take under this chapter. Each such violation shall also constitute a misdemeanor."

SECTION 6. Said chapter is further amended by revising Code Section 26-4-115, relating to wholesale drug distributors, registration, fees, reports of excessive purchases, and penalty for violations, as follows:
"26-4-115. (a) All persons, firms, or corporations, whether located in this state or in any other state, engaged in the business of selling or distributing drugs at wholesale in this state, in the business of supplying drugs to manufacturers, compounders, and processors in this state, or in the business of a reverse drug distributor shall biennially register with the board as a drug wholesaler, distributor, reverse drug distributor, supplier, outsourcing facility, or third-party logistics provider; provided, however, that out-of-state firms that conduct intracompany transfers of drugs to and have the same ownership as a licensed firm in this state shall not be required to register pursuant to this subsection; and provided, further, that out-of-state third-party logistics providers that are licensed by their resident state or by the federal Food and Drug Administration shall not be required to register pursuant to this subsection. The application for registration shall be made on a form to be prescribed and furnished by the board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the executive director. Registration shall be renewed pursuant to the rules and regulations of the board, and a renewal fee prescribed

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by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, wholesale distribution, reverse drug distribution, or outsourcing facility distribution of controlled substances or dangerous drugs as defined in Chapter 13 of Title 16; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked. (b) Every drug wholesaler, distributor, supplier, or outsourcing facility registered as provided in Chapter 13 of Title 16 or in subsection (a) of this Code section, except reverse drug distributors, shall:
(1) Submit reports, upon request from the Georgia Drugs and Narcotics Agency, to account for all transactions with licensed persons or firms located within this state; such reportable transactions shall include all dangerous drugs and controlled substances as defined in Chapter 13 of Title 16. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency; (2) Automatically submit reports of any excessive purchases of controlled substances by licensed persons or firms located within this state using the federal Drug Enforcement Administration guidelines to define excessive purchases as set forth under the provisions of 21 C.F.R. Section 1301. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency; and
(3)(A) Comply with the requirements of Section 360eee, et seq., of the federal act, relating to drug supply chain security. (B) Each manufacturer of a drug subject to Section 360eee, et seq., of the federal act shall maintain at its corporate offices a current list of the authorized wholesale distributors of such drug. (C) The board shall establish rules and regulations relating to drug supply chain security based on the requirements of Section 360eee, et seq., of the federal act which are not inconsistent with, more stringent than, or in addition to any requirements applicable under Section 353(e) or Section 360eee of the federal act or any regulations issued thereunder and which are not inconsistent with any waiver, exception, or exemption pursuant to Section 360eee, et seq., of the federal act or any restrictions specified in Section 360eee-1 of the federal act. (c) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this Code section. Such rules and regulations shall include a requirement that all wholesale drug distributors required to register pursuant to this Code section shall make adequate provision for the return of outdated drugs, both full and partial containers, for up to six months after the labeled expiration date for prompt full credit or replacement;

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provided, however, that such rules and regulations may also include a list of drugs exempted from the requirements of such provision that have been determined by the board as essential to health care treatment and having an expiration date of less than one year from the date such drug is manufactured. (d) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier that only ships controlled substances directly to a licensed wholesaler within this state. (e) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both. (f) Any practitioner who knowingly transfers any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 by purchasing from or returning to a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both."

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

Approved May 3, 2016.

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EDUCATION ELIGIBILITY FOR SERVICE CANCELABLE LOANS FOR CERTAIN MEMBERS OF GEORGIA NATIONAL GUARD.

No. 621 (House Bill No. 1072).

AN ACT

To amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan fund and authorized types of service cancelable educational loans financed by state funds and issued by the Georgia Student Finance Authority, so as to remove ineligibility for such loans for members of the Georgia National Guard also receiving HOPE scholarship or HOPE grant funds; 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 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan fund and authorized types of service cancelable educational loans financed by state funds and issued by the Georgia Student Finance Authority, is amended by revising paragraph (2) of subsection (b) as follows:
"(2) Georgia National Guard members. The authority is authorized to make service cancelable educational loans to residents of Georgia who are eligible members of the Georgia National Guard and who are enrolled at the undergraduate level in a private or public college or public postsecondary technical or vocational school located in the state. Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the tuition charged by the University of Georgia for the period of enrollment at the university, whichever is less. A loan recipient shall not be eligible to receive loan assistance provided for in this paragraph for more than five academic years of study. Educational loans may be made to full-time and half-time students. Upon the recipient's attainment of a baccalaureate degree from an institution or cessation of status as an active member, whichever occurs first, the loan provided by this paragraph shall be discontinued. The loan provided by this paragraph may be suspended at the discretion of the authority for a recipient's failure to maintain good military standing as an active member or failure to maintain sufficient academic standing and good academic progress and program pursuit. Loans made under this paragraph shall be repayable in cash, with interest thereon, or, upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, shall be canceled in consideration of the student's retaining membership in the Georgia National Guard during the period in which the loan is applicable. The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority;"

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

Approved May 3, 2016.

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LOCAL GOVERNMENT REFERENDUM APPROVAL OF FIXED GUIDEWAY TRANSIT.

No. 624 (Senate Bill No. 420).

AN ACT

To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require referendum approval prior to the expenditure of public funds for the establishment of a fixed guideway transit; to provide for definitions; to provide for submission of the question to qualified voters; to provide for ballot language; 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 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, is amended by adding a new Code section to read as follows:
"36-1-27. (a) As used in this Code section, the term:
(1) 'Expenditure of public funds' means: (A) Utilizing the proceeds of any tax, proceeds from the county general fund, or any other county proceeds; (B) Incurring general obligation debt, revenue debt, or other multiyear obligations; or (C) Entering into any intergovernmental agreement with an authority or instrumentality of the state which would impact future tax revenue or obligate the payment of tax revenue, general obligation debt, revenue debt, or other multiyear obligations.
(2) 'Fixed guideway transit' means a public transportation system using and occupying a permanent, separate right of way for the exclusive use of public transportation, including, but not limited to, rails for use by trains or a bus rapid transit system. (3) 'Mass transportation' means any mode of transportation serving the general public which is appropriate to transport people by highways or rail. (4) 'Mass transportation regional system participant' means any county within a special district created pursuant to Article 5 of Chapter 8 of Title 48 in which mass transportation is provided within such special district, to such special district, or from such special district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Georgia Regional Transportation Authority or the Metropolitan Atlanta Rapid Transit Authority.

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(b) Prior to an expenditure of any public funds for the establishment, maintenance, and operation of a fixed guideway transit in any county that is a mass transportation regional system participant, the governing authority of such county shall obtain approval from a majority of qualified voters of the county in a separate referendum question as provided for in this Code section. (c) Prior to the issuance of the call for the referendum, the governing authority of the county that is a mass transportation regional system participant shall adopt a resolution which shall specify the type and location of a fixed guideway transit, the capital costs to establish such fixed guideway transit, the date upon which the capital costs to establish such fixed guideway transit shall be paid in full, and an estimate of the projected annual costs for maintenance and operation of such fixed guideway transit.
(d)(1) Whenever the governing authority of any county that is a mass transportation regional system participant wishes to submit to the electors of such county the question of whether to expend public funds for a fixed guideway transit, any such governing authority shall notify the election superintendent of such county by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Such election shall be held with a general election, general primary election, or presidential preference primary. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of authorizing the expenditure of public funds for a fixed guideway transit to the voters of the county for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election along with a copy of the resolution adopted pursuant to subsection (c) of this Code section to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following:
'( ) YES Shall the expenditure of public funds for a fixed guideway transit within ( ) NO ______________ County be approved?'
(2) All persons desiring to vote in favor of the question shall vote 'Yes,' and all persons desiring to vote against the question shall vote 'No.' If more than one-half of the votes cast are in favor of the question, then the expenditure of public funds by such county for a fixed guideway transit shall be deemed approved; otherwise, such expenditures shall continue to be prohibited. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern general elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State. The expense of the election shall be borne by the county holding the election. (e) This Code section shall not apply to the extension of a fixed guideway transit or levy of applicable sales and use taxes authorized pursuant to an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act

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of 1965,' for which any referendum required under such Act shall control, or to any project within a county or between counties which have approved such sales and use tax, provided that such project is wholly within the territorial boundaries of such county or counties."

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

Approved May 3, 2016.

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OFFICIAL CODE OF GEORGIA ANNOTATED REVISE, MODERNIZE, CORRECT ERRORS OR OMISSIONS IN, AND REENACT CODE.

No. 625 (House Bill No. 737).

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 codify a joint resolution; 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 an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended in: (1) Code Section 1-4-1, relating to public and legal holidays and leave for observance of religious holidays not specifically provided for, in paragraph (2) of subsection (a), by inserting a comma following "designation".

Reserved.

SECTION 2.

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SECTION 3. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended in: (1) Code Section 3-3-2.1, relating to notice to revenue department by county or municipality of violations concerning sale of alcoholic beverages to underage persons, in paragraph (2) of subsection (a), by replacing "state governmental" with "state government".

Reserved.

SECTION 4.

Reserved.

SECTION 5.

SECTION 6. Title 6 of the Official Code of Georgia Annotated, relating to aviation, is amended in: (1) Code Section 6-5-10, which is reserved, by designating said Code section as repealed.

SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in: (1) Code Section 7-1-709.2, relating to continuing effectiveness of existing licenses regarding cashing of payment instruments, by replacing "Former provisions" with "former provisions". (2) Code Section 7-5-2, relating to definitions relative to credit cards and credit card banks, at the beginning of paragraph (8), by replacing "For purposes of this chapter, 'holding company'" with "'Holding company'". (3) Code Section 7-9-7, relating to investigation, approval or disapproval of charter application, "conviction data" defined, background checks, and impact of disapproval, in subsection (c), by inserting "the term" following "Code section," and at the end of the third sentence of subsection (g), by replacing "bank" with "banks".

Reserved.

SECTION 8.

SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in: (1) Code Section 9-11-9, relating to pleading special matters, in subsection (d), by inserting a comma following "official act". (2) Code Section 9-12-113, relating to recognition and enforcement of foreign-country judgments, in subsection (b), at the end of paragraph (2), by deleting "or" and at the end of paragraph (3), by replacing the period with a semicolon.

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SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in: (1) Code Section 10-1-393.2, relating to requirements for health spas, in the last paragraph of the language set out in quotes in the middle of subsection (e), by inserting "on" following "delivered by midnight".

SECTION 11. Title 11 of the Official Code of Georgia Annotated, relating to the Uniform Commercial Code, is amended in: (1) Code Section 11-1-202, relating to notice and knowledge regarding general definitions and principles of interpretation of the Uniform Commercial Code, in the introductory language of subsection (e), by replacing "notice or notification" with "a notice or notification".

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in: (1) Code Section 12-7-6, relating to best management practices and minimum requirements for rules, regulations, ordinances, or resolutions regarding control of soil erosion and sedimentation, in division (b)(17)(F)(ii), by replacing "prior" with "prior to" both times the term appears.

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 15-18-19, relating to state paid personnel and salary schedules, in subsection (c), by replacing "Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate" with "House Committee on Judiciary and the Senate Judiciary Committee".

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-6-5.1, relating to sexual assault by persons with supervisory or disciplinary authority, sexual assault by practitioner of psychotherapy against patient, consent

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not a defense, and penalty upon conviction for sexual assault, at the end of paragraph (2) of subsection (b), by replacing "the such office" with "any such office". (2) Code Section 16-11-129, relating to weapons carry license, temporary renewal permit, mandamus, and verification of license, in paragraph (2) of subsection (d), by replacing "subparagraph (d)(1)(B) of this subsection" with "subparagraph (B) of paragraph (1) of this subsection". (3) Code Section 16-12-100.2, relating to computer or electronic pornography and child exploitation prevention, in paragraph (1) of subsection (f), by replacing "on-line" with "online" both times the term appears. (4) Code Section 16-12-191, relating to possession, manufacture, distribution, or sale of low THC oil and penalties, in subsection (e), by replacing "Code Section 31-5-7" with "Code Section 31-51-7". (5) Code Section 16-13-71, relating to "dangerous drug" defined, in subsection (a), by replacing "Federal" with "federal" both times the term appears.

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-9-41, which is reserved, by designating said Code section as repealed. (2) Code Section 17-12-25.1, relating to accountability court supplement paid to a circuit public defender, in subsection (a), by deleting "Standards". (3) Code Section 17-15-13, relating to debt to state created, payment as condition of probation or parole, and payment into fund regarding victim compensation, in subsection (f), by replacing "supervised under by" with "supervised by".

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: (1) Code Section 19-5-1, relating to total divorces authorized, how tried, and referral for alternative dispute resolution, in subsection (a), by deleting "; provided, however, that the parties shall comply with Code Section 19-5-1.1 if it is applicable". (2) Code Section 19-5-3, relating to grounds for total divorce, at the end of paragraph (12), by inserting "or". (3) Code Section 19-9-6, relating to definitions regarding general provisions of child custody proceedings, at the end of paragraph (9), by replacing "boundaries this state" with "boundaries of this state". (4) Code Section 19-11-27, relating to accident and sickness insurance coverage for children, National Medical Support Notice or other notice of enrollment, and establishment

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of coverage, in subsection (d), by replacing "Office of Administrative Hearings" with "Office of State Administrative Hearings". (5) Code Section 19-15-1, relating to definitions relative to child abuse, at the end of subparagraph (B) of paragraph (6), by inserting "and", in the introductory language of paragraph (11), by replacing "that" with "such", at the beginning of the undesignated text at the end of paragraph (11), by deleting the quotation marks around "Sexual abuse", and in the introductory language of paragraph (12), by replacing "that" with "a".

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-1A-2, relating to definitions relative to general provisions of early care and learning, in paragraph (6), by deleting "family day-care homes," and by replacing "care learning centers" with "child care learning centers" and in paragraph (8), by replacing "fewer than 24 hours" with "less than 24 hours". (2) Code Section 20-2-112, which is reserved, by designating said Code section as repealed. (3) Code Section 20-2-149.2, relating to awarding of high school diploma for completion of postsecondary programs and identification of critical needs fields of study, in the introductory language of subsection (a), by replacing "Code Section 20-2-159.5" with "Code Section 20-2-161.3". (4) Code Section 20-2-244, relating to waiver requests by local school boards, requirements for application for waiver, period of waiver, and blanket waivers, in subsection (a), by replacing "local school board" with "local board of education". (5) Code Section 20-2-319.5, which is reserved, by designating said Code section as repealed. (6) Code Section 20-2-320, relating to the Education Information Steering Committee, identification of data to implement the Quality Basic Education Program, and a state-wide comprehensive educational information network, in subsection (b), by deleting "recommended by the steering committee and". (7) Code Section 20-2-662, relating to definitions relative to student data privacy, accessibility, and transparency, at the beginning of the second sentence of paragraph (14), by deleting the quotation marks around "Targeted advertising". (8) Code Section 20-2-666, relating to activities by operators and limitations relative to student data privacy, accessibility, and transparency, in the introductory text of subsection (c), by replacing "paragraphs (1) to (3), inclusive, of subsection (a)" with "paragraphs (1) through (3) of subsection (a)". (9) Code Section 20-2-751.4, relating to policies prohibiting bullying, assignment to alternative school, and notice, in the undesignated text at the end of subsection (a), by replacing "this Code Section" with "this Code section". (10) Code Section 20-2-779.1, relating to suicide prevention and awareness training and no duty of care imposed, in paragraph (1) of subsection (a), by replacing "in service training" with "in-service training".

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(11) Code Section 20-2-1015, relating to instructional materials and content in digital or electronic format and funding, in the introductory language of subsection (a), by inserting a comma following "2020". (12) Code Section 20-3-41.3, relating to the study of historical documents and public displays of the Foundations of American Law and Government, in subsection (d) in the second paragraph of the "The Star-Spangled Banner" under the FOUNDATIONS OF AMERICAN LAW AND GOVERNMENT DISPLAY, by replacing the period with a comma following "eye". (13) Code Section 20-3-250.4, relating to the Nonpublic Postsecondary Education Commission and membership, in subsection (a), by replacing "terms of appointment, thereafter" with "terms of appointment; thereafter,". (14) Code Section 20-3-250.27, relating to the Tuition Guaranty Trust Fund, in paragraph (3) of subsection (d), by replacing "$7,750,000.00" with "$7.75 million" and in paragraph (3) of subsection (d) and subsection (e), by inserting "that" following "provided, however,". (15) Code Section 20-3-278, which is repealed, by designating said Code section as reserved. (16) Code Section 20-14-91, relating to the creation of the Career and Technical Education Advisory Commission, membership, requirements, meetings, and reimbursement, in paragraph (1) of subsection (d), by replacing "head of the career and technical education program" with "director of the Career, Technical, and Agricultural Education Division".

SECTION 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in: (1) 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, in subparagraph (d)(4)(A), by replacing "Office of the Secretary of State" with "office of the Secretary of State".

SECTION 22. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended in: (1) Code Section 22-2-110, relating to award of special master and special master panel - time of filing, award to become part of record of proceedings, vesting of title in condemnor upon deposit of award into court, form of award, and use in subsequent appeal, at the beginning and end of the form in subsection (c), by inserting quotation marks.

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 relative to taxpayer protection against false claims, in the undesignated text at the end of paragraph (1) of subsection (b), by replacing "determine" with "determines".

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Reserved.

SECTION 24.

Reserved.

SECTION 25.

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in: (1) Code Section 26-4-116.1, relating to licensed health practitioners authorized to prescribe auto-injectable epinephrine for schools and pharmacists authorized to fill prescriptions, in subsection (b), by replacing "subsection (e.l)" with "subsection (e.1)". (2) Code Section 26-4-118, relating to the Pharmacy Audit Bill of Rights, recoupment of disputed funds, appeals process for unfavorable reports, final audit report, and investigative audits based on criminal offenses, in paragraph (8) of subsection (b), by replacing "Title 49, any" with "Title 49, or any".

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 28-1-14.1, which is reserved, by designating said Code section as repealed.

Reserved.

SECTION 29.

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-1-14, relating to Physician Orders for Life-Sustaining Treatment (POLST) forms, in paragraph (6) of subsection (a), by replacing "hydration but" with "hydration, but" and in subparagraph (d)(1)(C), by deleting the semicolon following "reference". (2) Code Section 31-2A-12, which is repealed, by designating said Code section as reserved. (3) Code Section 31-7-3.2, relating to notice of cited deficiency and imposition of sanction relative to regulation of hospitals and related institutions, at the end of subsection (i), by replacing "Title 31" with "this title".

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(4) Code Section 31-50-2, relating to members of the Georgia Commission on Medical Cannabis, in the introductory language of subsection (a), by replacing "commissioner of agriculture" with "Commissioner of Agriculture". (5) Code Section 31-51-1, relating to the creation of the low THC oil research program, in subsection (d), by replacing "is permitted under this chapter" with "that is permitted under this chapter".

SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in: (1) Code Section 32-9-8.1, relating to installation of safety markers on utility lines to provide for adequate visual warning in use of private airstrips, is amended by redesignating said Code section as Code Section 6-1-3. (2) Chapter 9, relating to mass transportation, by codifying Sections 1 through 5 of an Act creating the Metropolitan Atlanta Rapid Transit Overview Committee, Ga. L. 1999, p. 965 (approved April 28, 1999), as follows:
"32-9-13. (a) There is created the Metropolitan Atlanta Rapid Transit Overview Committee to be composed of the following 14 members: the chairperson of the State Planning and Community Affairs Committee of the House of Representatives; the chairperson of the State and Local Governmental Operations Committee of the Senate; the chairperson of the Ways and Means Committee of the House of Representatives; a member of the Banking and Financial Institutions Committee of the Senate to be selected by the President of the Senate; two members of the House of Representatives appointed by the Speaker of the House, at least one of whom shall be from the area served by the authority; two members of the Senate, to be appointed by the President thereof, at least one of whom shall be from the area served by the authority; and three members of the House of Representatives and three members of the Senate appointed by the Governor, at least two of whom shall be from the area served by the authority. The appointed members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson 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 chairperson or vice chairperson 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, contracts, safety, financing, organization, and structure of the Metropolitan Atlanta Rapid Transit Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes.

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(b) The state auditor, the Georgia Department of Transportation, and the Attorney General shall make available to the committee the services of their staffs' facilities and powers in order to assist the committee in its discharge of its duties herein set forth. The committee may employ staff and secure the services of independent accountants, engineers, and consultants. 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 compel 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 compel the attendance of witnesses and the production of documents in aid of its duties, upon application of the chairperson of the committee with the concurrence of the Speaker of the House and the President of the Senate. (c) The Metropolitan Atlanta Rapid Transit Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and the Georgia Department of Transportation in order that the charges of the committee, set forth in this Code section, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately inform itself of the activities of the authority required by this Code section. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authority or as to any subpoenas issued by the committee. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Metropolitan Atlanta Rapid Transit Authority, as set forth in this Code section. (d) In the discharge of its duties, the committee shall evaluate the performance of the authority in providing public transportation consistent with the following criteria:
(1) Public safety; (2) Prudent, legal, and accountable expenditure of public funds; (3) Responsiveness to community needs and community desires; (4) Economic vitality of the transportation system and economic benefits to the community; (5) Efficient operation; and (6) Impact on the environment. To assist in evaluating the performance of the authority, the committee may appoint a citizens' advisory committee or committees. Such citizens' advisory committee or committees shall act in an advisory capacity only. (e)(1) 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 personnel; paying the expenses of advertising notices of intention to amend the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' as amended; paying for

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services of independent accountants, engineers, and consultants; paying necessary expenses of the citizens' advisory committee or committees; and paying all other necessary expenses incurred by the committee in performing its duties. (2) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (3) The funds necessary for the purposes of this Code section shall come from the funds appropriated to and available to the legislative branch of government. (f) Nothing contained within this Code section shall relieve the Metropolitan Atlanta Rapid Transit Authority of the responsibilities imposed upon it under the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' as amended, for the planning, designing, purchasing, acquiring, constructing, improving, equipping, financing, maintaining, administering, and operating a system of rapid transit for the metropolitan area of Atlanta." (3) Code Section 32-10-65, relating to fixing, revising, charging, and collecting tolls and use and disposition of tolls generally, by replacing "in respect to" with "with respect to".

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-1-24, relating to insurance requirements for transportation network companies and their drivers, in paragraph (2) of subsection (a), by inserting a comma following "compensation" and in subsection (i), by replacing "this Code Section" with "this Code section". (2) Code Section 33-2-34, relating to insurance compliance self-evaluative privilege, in subsection (h), by inserting a comma following "common law privilege". (3) Code Section 33-4-6, relating to liability of insurer for damages and attorney's fees and notice to Commissioner of Insurance and consumers' insurance advocate, in subsection (a), by inserting "that" following "provided, however," and "provided, further,". (4) Code Section 33-4-7, relating to affirmative duty to fairly and promptly adjust in incidents covered by motor vehicle liability policies, actions for bad faith, and notice to Commissioner of Insurance and consumers' insurance advocate, in subsection (f), by inserting "that" following "provided, however," and "provided, further,". (5) Code Section 33-10-13, relating to standard valuation, in paragraph (3) of subsection (b), by replacing "(a)" with "(A)", by replacing "(b)" with "(B)", and by replacing "State" with "state" each time the term appears; in subparagraph (c)(1)(B), by inserting a comma following "manual"; in division (d)(1)(B)(i), by deleting the comma following "paragraph"; in division (d)(1)(D)(ii), by inserting a comma following "force"; in division (d)(1)(D)(vi), by inserting a comma following "decision"; in subdivision (d)(1)(D)(x)(I), by inserting a comma following "subparagraph"; in subparagraph (d)(2)(A), by inserting a comma following "amounts" and "opinion"; in subparagraph (d)(2)(B), by deleting the comma following "paragraph"; in the introductory language of subparagraph (d)(2)(C), by replacing "paragraph (2) of this subsection" with "this paragraph"; in the introductory language of

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subparagraph (d)(2)(D), by replacing "paragraph (2) of this subsection" with "this paragraph"; in division (d)(2)(D)(iii), by replacing "paragraph (2) of this subsection" with "this paragraph"; in division (d)(2)(D)(vi), by inserting a comma following "decision"; in subparagraph (e)(1)(B), by replacing "Table or," with "Table, or"; at the end of subparagraph (f)(2)(D), by inserting "and"; at the end of subparagraph (f)(3)(B), by inserting "and"; in the undesignated text at the end of paragraph (1) of subsection (g), by inserting a comma following "comparison"; in subparagraph (o)(2)(B), by inserting a comma following "accident"; in subparagraph (o)(2)(C), by replacing "The 50 states" with "the 50 states"; in subparagraph (o)(3)(B), by inserting a comma following "accident"; in subparagraph (o)(4)(D), by inserting a comma following "section"; in subparagraph (p)(1)(B), by inserting a comma following "models"; in subparagraph (p)(1)(D), by inserting a comma following "uncertainty"; in subparagraph (r)(2)(F), by replacing "paragraph (2) of this subsection" with "this paragraph"; in subparagraph (r)(2)(H), by inserting a comma following "consultants"; and in the introductory language of paragraph (1) of subsection (s), by inserting "that" following "provided". (6) Code Section 33-13-32, relating to definitions regarding Own Risk and Solvency Assessment Summary Report, in the introductory language, by replacing "chapter" with "article". (7) Code Section 33-13-36, relating to exemption from the requirements of the article, in subsection (e), in paragraph (1), by replacing "ORSA and" with "ORSA, and" and by inserting a comma following "circumstances" and in paragraph (2), by replacing "for company" with "for a company" and by replacing "to Commissioner's" with "to the Commissioner's". (8) Code Section 33-13-38, relating to confidentiality and protection regarding Own Risk and Solvency Assessment Summary Report, in subsection (a), by deleting the comma following "article" and by replacing "to contain" with "containing" and in paragraph (2) of subsection (c), by replacing "materials or" with "materials, or". (9) Code Section 33-24-44, relating to cancellation of insurance policies generally, in paragraph (3) of subsection (c), by replacing "however," with "however, that". (10) Code Section 33-29-22, relating to notice of premium increase and notification of impact of Patient Protection and Affordable Care Act, at the beginning of the text, by deleting the "(a)" subsection designation.

Reserved.

SECTION 34.

SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in:

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(1) Code Section 35-3-33, relating to the powers and duties of the Georgia Crime Information Center generally, in division (a)(1)(A)(ii), by replacing "sex offenses" with "sexual offenses". (2) Code Section 35-3-36, relating to duties of state criminal justice agencies as to the submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center and responsibility for accuracy, in subsection (b), by replacing "department" with "Department". (3) Code Section 35-6A-7, relating to the functions and authority of the Criminal Justice Coordinating Council, in paragraph (7), by replacing "with a state-wide impact, which studies and projects cross traditional system component lines" with "which cross traditional system component lines with a state-wide impact".

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-61-2, relating to definitions relative to urban redevelopment, in paragraph (15), by replacing "'Pocket of blight' also means" with "Pocket of blight also means". (2) Code Section 36-61-4, relating to encouragement of private enterprise relative to urban redevelopment, in subdivision (b)(3)(C)(ii)(II), by replacing "respondent pursuant" with "respondents pursuant".

SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in: (1) Code Section 37-2-6, relating to community mental health, developmental disabilities, and addictive diseases service boards - Community service board creation, membership, participation of counties, transfer of powers and duties, alternate method of establishment, bylaws, and reprisals prohibited, in the last sentence of subsection (h), by replacing "For the purposes" with "For purposes" and by replacing "shall mean" with "means". (2) Code Section 37-2-6.1, relating to community service boards - Executive director, staff, budget, facilities, powers and duties, and exemption from state and local taxation, in paragraph (11) of subsection (b), by replacing "Article 1 of Chapter 2 of Title 37" with "this article". (3) Code Section 37-7-41, relating to emergency involuntary psychiatric/mental health treatment, who may certify need, delivery for examination, and report of delivery required, at the end of subsection (d), by replacing "psychiatric mental health" with "psychiatric/mental health".

SECTION 38. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended in:

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(1) Code Section 38-2-1001, relating to definitions relative to general provisions of the Georgia Code of Military Justice, in paragraph (16), by replacing "constitution" with "Constitution". (2) Code Section 38-2-1015, relating to commanding officer's disciplinary punishment, regulations limiting, officers in charge, appeal, and effect on more serious offenses, in paragraph (5) of subsection (b), by replacing "seven-day's" with "seven days'". (3) Code Section 38-2-1038, relating to trial counsel relative to military trial procedures, in paragraph (5) of subsection (b) and in subparagraph (b)(6)(B), by replacing "subparagraph (b)(3)(B) of this Code section" with "subparagraph (B) of paragraph (3) of this subsection" and "subparagraph (b)(3)(A) of this Code section" with "subparagraph (A) of paragraph (3) of this subsection". (4) Code Section 38-2-1103, relating to captured or abandoned property and trading and looting prohibited relative to the punitive provisions under the Georgia Code of Military Justice, in paragraph (1) of subsection (b), by replacing "subsection (a)" with "subsection (a) of this Code section". (5) Code Section 38-2-1111, relating to driving while under the influence of drugs or alcohol relative to punitive provisions under the Georgia Code of Military Justice, in paragraph (2), by inserting a comma following "aircraft". (6) Code Section 38-2-1112.1, relating to use, possession, manufacture, distribution, or importation of certain controlled substances and exceptions relative to punitive provisions under the Georgia Code of Military Justice, in paragraph (2) of subsection (b), by inserting a comma following "Section 801". (7) Code Section 38-2-1140, relating to delegation of authority by Governor, by replacing "sub delegation" with "subdelegation".

Reserved.

SECTION 39.

SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in: (1) Code Section 40-1-195, relating to inclusion of license number issued by department in advertising and requirements for signage or emblem approved by Department of Public Safety, in subsection (a), by replacing "this Code Section" with "this Code section". (2) Code Section 40-2-1, relating to definitions relative to general provisions of registration and licensing of motor vehicles, in paragraph (1), by inserting a comma following "prejudice". (3) Code Section 40-2-20, relating to registration and license requirements, extension of registration period, penalties, and two-year registration option for new motor vehicles, in subsection (d), by replacing "Code section provided" with "Code section, provided".

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(4) Code Section 40-2-86, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation, in subparagraph (n)(1)(A), by inserting a comma following "agent" and in paragraph (2) of subsection (n), in the first sentence by replacing "Special license plates" with "A special license plate", in the second sentence by replacing "these special license plates" with "this special license plate", and in the third sentence by replacing "Such license plates" with "Such license plate". (5) Code Section 40-5-2, relating to keeping of records of applications for drivers' licenses and information on licensees and furnishing of information, in divisions (c)(1)(B)(i) and (c)(1)(B)(ii), by replacing "on-line" with "online". (6) Code Section 40-5-83, relating to establishment, approval, and operation of driver improvement clinics and programs, out-of-state certificates of completion, instructor licenses, fees, and submission of fingerprints by applicants, in the first sentence of subsection (d), by replacing "June, 30, 2015," with "June 30, 2015,". (7) Code Section 40-16-7, relating to the budget of the Department of Driver Services, in subsection (c), by replacing "total fine or forfeiture" with "total fine or bond forfeiture".

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-3-115, relating to authorization to impose administrative sanctions, petition, hearing, and administrative proceeding relative to probation management, in subsection (b), by replacing "paragraphs (4) through (7)" with "paragraphs (4) through (6)".

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses, application of the Administrative Procedure Act, subpoena powers, disciplinary actions, judicial review, reinstatement, investigations, complaints, notice, failure to appear, voluntary surrender, application, and probationary license, in subsection (o), by replacing "limit" with "limits". (2) Code Section 43-10-9, relating to application for certificate of registration relative to barbers and cosmetologists, near the beginning of paragraph (1) of subsection (b), by deleting "person". (3) Code Section 43-10-15, relating to suspension, revocation, cancellation, or restoration of certificates of registration, reprimand of certificate holders, and fines relative to barbers

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and cosmetologists, in subsection (b), by replacing "pursuant to this paragraph" with "pursuant to this subsection". (4) Code Section 43-10-18, relating to home beauty shops, beauty salons, or barber shops, in subsection (a), by inserting a comma following "beauty salon".

Reserved.

SECTION 44.

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in: (1) Code Section 45-9-81, relating to definitions relative to the Georgia State Indemnification Fund, in paragraph (10), by replacing "community supervison officer" with "community supervision officer". (2) Code Section 45-9-102, relating to payment of temporary disability compensation, 12 month limitation, benefits subordinate to workers' compensation benefits, and appeal of decision, in subsection (b), by replacing "subparagraph (2)(B)" with "subparagraph (B) of paragraph (3)". (3) Code Section 45-10-25, relating to exceptions to prohibitions on transactions with state agencies, in subparagraph (a)(8)(A), by replacing the commas with semicolons following "chaplain", "firefighter", "university", "psychologist", and "practical nurse". (4) Code Section 45-12-22, relating to suspension of collection of taxes by the Governor, in the first sentence of subsection (b), by replacing "state motor fuel under" with "state motor fuel taxes under". (5) Code Section 45-13-70, relating to the creation of the Capitol Art Standards Commission, membership, appointment, and staffing, in subsection (a), by replacing "Office of the Secretary of State" with "office of the Secretary of State". (6) Code Section 45-16-43, which is repealed, by designating said Code section as reserved. (7) Code Section 45-22-7, relating to material safety data sheets, notice to employees, and rights of employees, in subsection (f), by replacing "shall mean" with "means" and by replacing "his" with "his or her"; in paragraphs (2) and (4) of subsection (k), by replacing "he" with "he or she"; and in paragraph (3) of subsection (k), by replacing "he or his employees" with "such contractor, subcontractor, or employees thereof".

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-3-70, which is repealed, by designating said Code section as reserved. (2) 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

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information, and due compensation, in subparagraph (b)(1)(D), by replacing "or as supplement" with "or as a supplement".

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-1-2, relating to definitions relative to the "Georgia Public Revenue Code," in paragraph (14), by replacing "Section 168(k)(2)(E)" with "Section 168(k)(2)(E))". (2) Code Section 48-2-36, relating to extension of time for returns, in paragraph (3) of subsection (c), by replacing "office of state administrative hearings" with "Office of State Administrative Hearings". (3) Code Section 48-5-7.6, relating to "brownfield property" defined, 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 subparagraph (a)(4)(C), by inserting a comma following "i.e.". (4) Code Section 48-5-41, relating to property exempt from taxation, in subsection (a), at the end of subparagraph (A) of paragraph (2.1), by replacing "; and" with a period; at the end of subparagraph (A) of paragraph (5) and subparagraphs (A) and (B) of paragraph (12), by replacing the semicolons with periods; at the end of subparagraph (A) of paragraph (14), by replacing "; or" with a period; and in paragraph (15), by replacing "an historical" with "a historical" and by inserting a comma following "paragraph". (5) Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals, in division (b)(2)(B)(i), by inserting a comma following "board of equalization"; in subparagraph (h)(1)(A), by replacing "employee, that" with "employee who"; and in paragraph (3) of subsection (h), by replacing "and, the taxpayer" with "and the taxpayer". (6) Code Section 48-5C-1, relating to definitions relative to alternative ad valorem tax on motor vehicles, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and reports, in division (b)(1)(B)(xv), by replacing "division (b)(1)(B)(ii) of this Code section" with "division (ii) of this subparagraph". (7) Code Section 48-7-29.8, relating to tax credits for rehabilitation of historic structures and conditions and limitations, in subparagraph (a)(5)(A), by inserting a comma following "area". (8) Code Section 48-8-2, relating to definitions relative to state sales and use tax, in paragraph (31), at the end of subparagraph (F), by replacing the semicolon with "; or"; at the end of subparagraph (G), by replacing "; or" with a period; and by deleting repealed subparagraph (H).

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(9) Code Section 48-8-3, relating to exemptions from state sales and use tax, by deleting paragraph (29.1), which is designated as reserved. (10) Code Section 48-8-103, relating to submission to voters to determine the imposition of homestead option sales and use tax, in the first sentence of subsection (a), by replacing "geographic" with "geographical". (11) Code Section 48-8-106, relating to submission to voters of the question as to whether to discontinue the homestead option sales and use tax, in the first sentence of subsection (a), by replacing "geographic" with "geographical". (12) Code Section 48-8-109.4, relating to the role of election superintendent relative to the equalized homestead option sales tax, in the first sentence of subsection (a), by replacing "geographic" with "geographical". (13) Code Section 48-8-109.7, relating to referendum on discontinuation of taxation and ballots relative to the equalized homestead option sales tax, in the first sentence of subsection (a), by replacing "geographic" with "geographical". (14) Code Section 48-8-241, relating to the creation of special districts and tax rate relative to the special district transportation sales and use tax, at the beginning of paragraph (5) of subsection (d), by replacing "For motor fuel" with "Motor fuel". (15) Code Section 48-8-269.6, relating to annual publication of report relative to the special district mass transportation sales and use tax, by replacing "qualifying" with "qualified".

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-5-8, relating to the powers and duties of the Department of Human Services relative to children and youth services, at the end of subparagraph (a)(3)(D), by replacing "Chapter 4B of Title 49" with "Chapter 4B of this title". (2) Code Section 49-5-24, relating to interagency efforts to gather and share comprehensive data, legislative findings, state-wide system for sharing data regarding care and protection of children, interagency data protocol, interagency agreements, and waivers from certain federal regulations, in paragraph (1) of subsection (g), by replacing "nullify any memoranda" with "nullify any memorandum" and "creation of memoranda" with "creation of memorandums". (3) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records, at the end of subparagraph (a)(6)(H), by replacing the period with a semicolon and in subsection (f), by replacing "such reports" with "such report" both times that term appears. (4) Code Section 49-5-180, relating to definitions relative to central child abuse registry, in subparagraph (A) of paragraph (5), by replacing "Article 1 or Article 2" with "Article 1 or 2" and "subsections (b) or (c)" with "subsection (b) or (c)" and in paragraphs (11) and (12), by replacing "has the same meaning" with "shall have the same meaning".

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(5) Code Section 49-5-182, relating to notice to division of substantiated case resulting from investigation by abuse investigator, notice of conviction by prosecutor, and contents of notice, in paragraph (2) of subsection (b), by inserting a comma following "both". (6) Code Section 49-5-183, relating to division to update central child abuse registry upon notification of substantiated case, notice to alleged abuser, representation of alleged minor child abuser, and hearing on expungement of name from registry, in subsection (e), by inserting a comma following "article". (7) Code Section 49-5-184, relating to information to be included in central child abuse registry upon notification of child abuse conviction and expungement hearing, in subsection (c), by inserting a comma following "hearings". (8) Code Section 49-5-185, relating to access to information in central child abuse registry, statistical analysis of substantiated cases and convictions entered into child abuse registry, and requests to determine if one's name is included in registry, in paragraph (3) of subsection (a), by replacing "entity may" with "entity, which may" and "regulation or policy," with "regulation, or policy" and in paragraph (4) of subsection (a), by inserting ", which" following "Learning". (9) Code Section 49-5-186, relating to confidentiality of information in central child abuse registry and penalties for unauthorized use of information, in subsection (a), by inserting a comma following "Title 50". (10) Code Section 49-6-86, relating to reasonable fees for licensure of adult day centers and use of fees, by replacing "rulemaking" with "rule-making".

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Code Section 50-5-122, relating to legislative intent relative to small business assistance, in subsection (b), by inserting a comma following "encourage such competition". (2) Code Section 50-7-91, relating to authorization to develop and facilitate state workforce programs, duties and obligations, creation of contracting guidelines, and enforcement and corrective actions, in paragraph (1) of subsection (b), by replacing "One-Stop" with "one-stop". (3) Code Section 50-18-96, which is repealed, by designating said Code section as reserved. (4) Code Section 50-27-102, relating to role of corporation relative to Class B accounting terminals, implementation and certification, separation of funds and accounting, and disputes, in subsection (b) and paragraph (2) of subsection (d), by replacing "this Code Section" with "this Code section".

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in:

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(1) Code Section 51-1-29.6, relating to liability of health care institutions and providers regarding THC oil, in subsection (b), by replacing "provider provided" with "provider, provided".

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 52-2-9, relating to powers of authority generally relative to the Georgia Ports Authority, in paragraph (7), by replacing "non-federal" with "nonfederal".

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 2015 supplements to the Official Code of Georgia Annotated published under authority of the state in 2015 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 any statutes. (c) The reenactment of the statutory portion of the Official Code of Georgia Annotated by subsection (a) of this section shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. This subsection shall not apply to any Act

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or portion thereof which was superseded due to conflict as provided by subsection (b) of Code Section 28-9-5. (d) The provisions contained in Sections 1 through 53 of this Act and in the other Acts enacted at the 2015 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 2016 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.

SECTION 55. This Act shall become effective becoming law without such approval.

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

Approved May 3, 2016.

__________

COURTS APPELLATE JURISDICTION REFORM ACT OF 2016; ADDITIONAL
SUPREME COURT JUSTICES.

No. 626 (House Bill No. 927).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to enact reforms recommended by the Georgia Appellate Jurisdiction Review Commission relating to appellate court efficiencies; to improve law assistant selection for the appellate courts; to provide the Court of Appeals with greater procedural flexibility in its decisional process; to transfer jurisdiction over certain appeals in civil cases from the Supreme Court to the Court of Appeals; to amend the Official Code of Georgia Annotated, so as to conform appellate references; to amend Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to the Supreme Court, so as to increase the number of Supreme Court Justices and provide for their appointment and election; to change provisions relating to reversals and affirmance; to change provisions relating to the terms of court; to provide for effective dates and a contingent effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "Appellate Jurisdiction Reform Act of 2016."

SECTION 1-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-2-19, relating to law assistants, as follows:
"15-2-19. The Justices of the Supreme Court shall be authorized to appoint law assistants for the use of the court and to remove them at pleasure. The law assistants shall have been admitted to the bar of this state as practicing attorneys; provided, however, that an individual who graduated from law school but who is not a member of the bar of this state may be appointed as a law assistant so long as he or she is admitted to the bar of this state within one year of such appointment. It shall be the duty of the law assistants to attend all sessions of the court, if so ordered, and generally to perform the duties incident to the role of law assistant."

SECTION 1-3. Said title is further amended by revising subsection (a) of Code Section 15-3-9, relating to law assistants, as follows:
"(a) The Judges of the Court of Appeals shall be authorized to appoint law assistants for the use of the court and to remove them at pleasure. Each law assistant of the Court of Appeals shall have been admitted to the bar of this state as a practicing attorney; provided, however, that an individual who graduated from law school but who is not a member of the bar of this state may be appointed as a law assistant so long as he or she is admitted to the bar of this state within one year of such appointment."

PART II SECTION 2-1.

Said title is further amended by revising Code Section 15-3-1, relating to the composition, divisions, how cases are heard, and decisions overruled, quorum, oral arguments, and assistance of other judges, as follows:
"15-3-1. (a) Composition. The Court of Appeals shall consist of 15 Judges who shall elect one of their number as Chief Judge, in such manner and for such time as may be prescribed by rule or order of the court.

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(b) Divisions. The court shall sit in divisions composed of three Judges in each division. The assignment of Judges to each division shall be made by the Chief Judge, and the personnel of the divisions shall from time to time be changed in accordance with rules prescribed by the court. The Chief Judge shall designate the Presiding Judges of the divisions and shall, under rules prescribed by the court, distribute the cases among the divisions in such manner as to equalize their work as far as practicable. (c) How cases heard.
(1) Except as provided in paragraph (2) of this subsection, each division shall hear and determine, independently of the others, the cases assigned to it. Two Judges shall constitute a quorum of a division. (2) The Court of Appeals may provide by rule for certain cases to be heard and determined by more than a single division and the manner in which those Judges will be selected for such cases. When a case is heard and determined by more than a single division, nine Judges shall be necessary to constitute a quorum. (d) Decisions as precedent. The Court of Appeals shall provide by rule for the establishment of precedent and the manner in which prior decisions of the court may be overruled. (e) Oral arguments. The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings. (f) Assistance of other judges; procedure. Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one additional panel, the court may request the assistance of senior appellate judges as provided in Chapter 3A of this title or senior superior court judges. The Judge whose case assignment is transferred to the additional judge shall not vote on the case."

PART III SECTION 3-1.

Said title is further amended by adding a new Code section to read as follows: "15-3-3.1. (a) Pursuant to Article VI, Section VI, Paragraph III of the Constitution of this state, the Court of Appeals rather than the Supreme Court shall have appellate jurisdiction in the following classes of cases: (1) Cases involving title to land; (2) All equity cases, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (3) All cases involving wills;

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(4) All cases involving extraordinary remedies, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (5) All divorce and alimony cases; and (6) All other cases not reserved to the Supreme Court or conferred on other courts. (b) This Code section shall not otherwise affect the jurisdiction of the Supreme Court or the Court of Appeals."

SECTION 3-2. Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts generally, is amended by revising Code Section 5-6-14, relating to execution of extraordinary orders of the Supreme Court, as follows:
"5-6-14. When judgments are rendered on appeal in injunction or other extraordinary cases, the judges of the superior courts may give immediate effect to such judgments."

SECTION 3-3. Part 7 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to receivership powers and procedures generally, is amended by revising Code Section 7-1-155, relating to injunction to restrain department, as follows:
"7-1-155. Any financial institution of whose business or property the department has taken possession as receiver may, at any time within ten days after the department has become receiver, apply to the principal court for an order requiring the department to show cause why it should not be enjoined from continuing as receiver. Service may be made in such action by serving the commissioner personally or by leaving a copy with the deputy in charge of his or her office in the department or by serving the deputy receiver appointed by the department to manage the affairs of such financial institution. The court shall, after a hearing upon the merits, either dismiss the application or order the department to surrender to the financial institution possession of its business and property; but no such injunction shall issue where the department has been appointed receiver by action of a court of competent jurisdiction or by action of the financial institution itself, in accordance with this chapter. Such application for injunction may in the discretion of the court be heard at any time after service as provided in this Code section, with the right by either party to appeal, as in other cases of applications for temporary injunction."

SECTION 3-4. Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, is amended by revising Code Section 9-6-1, relating to final judgment prerequisite to appeal, as follows:

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"9-6-1. No appeal as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken until there has been a final judgment in the trial court. The grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases."

SECTION 3-5. Said chapter is further amended by revising Code Section 9-6-28, relating to appeal, as follows:
"9-6-28. (a) Upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal. (b) Mandamus cases shall be heard on appeal under the same laws and rules as apply to injunction cases."

SECTION 3-6. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising subsection (c) of Code Section 21-2-171, relating to review and appeal of denial of nomination petitions, as follows:
"(c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable; and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his or her decision and to grant the nomination petition. From any decision of the superior court an appeal may be taken within five days after the entry thereof. It shall be the duty of the appellate court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot if the court should so determine."

SECTION 3-7. Said chapter is further amended by revising Code Section 21-2-528, relating to appeals from court's determination on contest petition, as follows:

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"21-2-528. An appeal from the final determination of the court may be taken within ten days from the rendition thereof as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the appellate court for a stay or supersedeas, and such court shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases."

SECTION 3-8. Article 3 of Chapter 4 of Title 23 of the Official Code of Georgia Annotated, relating to decrees, is amended by revising Code Section 23-4-33, relating to decree in will or contract matters, as follows:
"23-4-33. When it becomes impossible to carry out any last will and testament in whole or in part, and in all matters of contract, the judges of the superior courts shall have power to render any decree that may be necessary and legal, provided that all parties in interest shall consent thereto in writing and there shall be no issue as to the facts or, if there is such an issue, that there shall be a like consent in writing that the judge presiding may hear and determine such facts, subject to a review on appeal, as in other cases. In all cases where minors are interested, the consent of the guardian at law or the guardian ad litem shall be obtained before the decree is rendered."

SECTION 3-9. Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, is amended by revising Code Section 44-2-84, relating to review by Supreme Court, as follows:
"44-2-84. All judgments and decrees of the superior court or the judge thereof which are rendered under this article shall be subject to review by the Court of Appeals."

SECTION 3-10. Said chapter is further amended by revising subsections (e) and (f) of Code Section 44-2-103, relating to examiner's powers and appeal, as follows:
"(e) The right to grant a new trial upon any issue submitted to a jury and the right of appeal shall be as provided for in Code Sections 5-6-37 through 5-6-44, 5-6-48, and 5-6-49. (f) The judge may refer or recommit the record to the examiner in like manner as auditor's reports may be recommitted or he or she may on his or her own motion recommit it to the same or any other examiner for further information and report. When an exception or exceptions to the examiner's report have been sustained by the court or by verdict on the trial of an issue of fact or when the appellate court reverses the judgment of the trial court, it shall not be necessary for the trial court to recommit the case to an examiner, but the

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judge shall proceed to enter a decree in accordance with the law and the facts as thus established and appearing from the record; provided, however, that if the judge, in his or her discretion, is of the opinion that it is in the interests of truth and justice that a recommitment to an examiner should be made, the judge may, upon the motion of any party or on his or her own motion, order a recommitment of the whole case or any part thereof or for the taking of additional testimony upon any matter which the court deems necessary to the rendition of a true and correct decree."

SECTION 3-11. Said chapter is further amended by revising subsection (b) of Code Section 44-2-136, relating to cancellation of mortgage, as follows:
"(b) If the holder of the mortgage, certificate of indebtedness, or any lien, equity, encumbrance, lis pendens, or other similar matter relating to the registered land or any interest therein refuses to give the requisite authority for the cancellation thereof if and when the debt has been paid or no longer exists or when it is no longer legal and equitable that the registered title should be encumbered by the same, any person adversely affected may petition the court for an involuntary cancellation of the same. In such case, the judge shall cause a rule nisi to be served upon such holder requiring him or her to show cause on a day set, which day shall be not less than 30 days from the date the rule was served, why the mortgage, certificate of indebtedness, lien, or other encumbrance on the registered title should not be canceled. The petition and rule nisi shall be served personally on such holder at least 15 days before the date set for the hearing if such service be practical; but, when it is made to appear to the court that personal service cannot be practically effected, the judge may pass an order providing how the service shall be made. In case the holder is not a resident of this state or is unknown, service by publication shall be made upon the order of the judge in the manner prescribed in Code Section 9-11-4. In case of minors and persons of unsound mind, guardians ad litem shall be appointed. If any issue of fact as to the right of the petition to have the cancellation made appears, such issue shall, upon demand of either party, be tried by jury, with right of the judge to grant a new trial. If it appears that the registered title should be freed from the encumbrance, the court shall decree accordingly and order the cancellation noted upon the certificate of title. The judge shall have power by attachment for contempt, if necessary, to compel the holder of the mortgage certificate of indebtedness or other instrument to surrender it for cancellation. "

SECTION 3-12. Code Section 48-5-17 of the Official Code of Georgia Annotated, relating to proceedings to determine county entitled to return and payment, is amended by revising paragraph (3) of subsection (a) as follows:
"(3) The proceedings under this Code section shall be the same in all respects as in other actions seeking equitable relief except that the petition shall be triable at the first term of the court and, as in other cases, shall be reviewed on appeal."

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SECTION 3-13. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Court of Appeals and the Supreme Court" with "Court of Appeals or the Supreme Court" wherever such term occurs in: (1) Code Section 5-7-1, relating to orders, decisions, or judgments appealable and the defendant's right to cross appeal; (2) Code Section 31-14-8.2, relating to appeals from orders of superior court or hearing examiner, costs, and right to counsel; (3) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (4) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys; and (5) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner.

SECTION 3-14. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Court of Appeals, and the Supreme Court" with "Court of Appeals, or the Supreme Court" wherever such term occurs in: (1) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (2) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys; (3) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner.

PART IV SECTION 4-1.

Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to the Supreme Court, is amended by revising Code Section 15-2-1.1, relating to the number of justices, as follows:
"15-2-1.1. The Supreme Court shall consist of nine Justices."

SECTION 4-2. Said chapter is further amended by revising Code Section 15-2-10, which is reserved, as follows:
"15-2-10. The additional justiceships created in 2016 shall be appointed by the Governor for a term beginning January 1, 2017, and continuing through December 31, 2018, and until their

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successors are elected and qualified. Their successors shall be elected in the manner provided by law for the election of Supreme Court Justices at the nonpartisan judicial election in 2018, for a term of six years beginning on January 1, 2019, and until their successors are elected and qualified. Future successors shall be elected at the nonpartisan judicial election each sixth year after such election for terms of six years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election."

SECTION 4-3. Said chapter is further amended by revising subsection (a) of Code Section 15-2-16, relating to reversal and affirmance, as follows:
"(a) In all cases decided by the Supreme Court, the concurrence of a majority of the Justices shall be essential to a judgment of reversal. If the Justices are evenly divided, the judgment of the court below shall stand affirmed. In all cases decided by the court, with at least a quorum but less than nine Justices, the concurrence of at least five shall be essential to the rendition of a judgment."

PART V SECTION 5-1.

Said chapter is further amended by revising Code Section 15-2-4, relating to place of sessions and terms of court, as follows:
"15-2-4. (a) The Supreme Court shall sit at the seat of government. (b) Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows:
(1) December term beginning the first Monday in December; (2) April term beginning the first Monday in April; and (3) August term beginning the first Monday in August. (c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the August term shall end on November 18, the December term shall end on March 31, and the April term shall end on July 17. No judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of first-term cases may be made during nonterm periods."

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PART VI SECTION 6-1.

(a) Except as provided in subsections (b), (c), (d), and (e) of this section, 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 July 1, 2016. (c) Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date. (d) Part IV of this Act shall only become effective if funds are appropriated for the purpose of Part IV of this Act in an appropriations Act enacted at the 2016 regular session of the General Assembly. If funds are so appropriated, then Part IV of this Act shall become effective on July 1, 2016, for purposes of making the initial appointments of the Supreme Court Justices created by this Act, and for all other purposes Part IV of this Act shall become effective on January 1, 2017. If funds are not so appropriated, then Part IV of this Act shall not become effective and shall stand repealed on July 1, 2016. (e) Part V of this Act shall become effective on December 5, 2016, and upon such date the December term of court shall begin as provided by this Act; provided, however, that the term of court which began on the first Monday in September, 2016, under the former provisions of Code Section 15-2-4 shall end on December 16, 2016.

SECTION 6-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2016.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

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DEDICATION OF PROCEEDS FROM EXCISE TAX ON FIREWORKS.

No. 530 (Senate Resolution No. 558).

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the proceeds of excise taxes on the sale of fireworks or consumer fireworks in this state be dedicated to the funding of trauma care, fire services, and local public safety purposes in the State of Georgia; to provide that such funds shall not lapse; 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 adding a new subparagraph to read as follows:
"(o) The proceeds of any excise tax imposed by general law on the sale of fireworks or consumer fireworks in this state shall be dedicated to the provision of trauma care, fire services, and local public safety purposes in Georgia. The General Assembly shall provide by general law for the use, dedication, and deposit of revenues raised from any such excise tax on fireworks or consumer fireworks. Contributions and revenues deposited for such purposes shall not lapse and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to provide that the ( ) NO proceeds of excise taxes on the sale of fireworks or consumer fireworks be
dedicated to the funding of trauma care, firefighter equipping and training, and local public safety purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved May 3, 2016.

896

PROPOSED CONSTITUTIONAL AMENDMENTS

ABOLISH EXISTING JUDICIAL QUALIFICATIONS COMMISSION; CREATE NEW JUDICIAL QUALIFICATIONS COMMISSION.

No. 537 (House Resolution No. 1113).

A RESOLUTION

Proposing an amendment to the Constitution so as to abolish the existing Judicial Qualifications Commission; to require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; to require the Judicial Qualifications Commission to have procedures that provide for due process of law; to provide for Supreme Court review of Judicial Qualifications Commission advisory opinions and procedures; to provide for the General Assembly by general law to allow the Judicial Qualifications Commission to be open to the public in some manner in conducting its business; 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. Section VII of Article VI of the Constitution is amended by revising Paragraph VI as follows:
"Paragraph VI. Judicial Qualifications Commission; power; composition. (a) The General Assembly shall by general law create and provide for the composition, manner of appointment, and governance of a Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges as provided by this Article. Appointments to the Judicial Qualifications Commission shall be subject to confirmation by the Senate as provided for by general law."
(b) The procedures of the Judicial Qualifications Commission shall comport with due process. Such procedures and advisory opinions issued by the Judicial Qualifications Commission shall be subject to review by the Supreme Court.
(c) The Judicial Qualifications Commission which existed on June 30, 2017, is hereby abolished."

GEORGIA LAWS 2016 SESSION

897

SECTION 2. Article VI, Section VII, Paragraph VII of the Constitution is amended by revising subparagraph (4) of subparagraph (b) as follows:
"(4)(A) The findings and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose.
(B) The findings and records of the commission shall not be open to the public except as provided by the General Assembly by general law."

SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to abolish the existing ( ) NO Judicial Qualifications Commission; require the General Assembly to create
and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; require the Judicial Qualifications Commission to have procedures that provide for due process of law and review by the Supreme Court of its advisory opinions; and allow the Judicial Qualifications Commission to be open to the public in some manner?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved May 3, 2016.