Acts and resolutions of the first session of the 154th General Assembly of the State of Georgia 2017: volume one

ACTS AND RESOLUTIONS OF THE
FIRST SESSION OF THE 154TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2017
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2017 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 2016-2017 and the Appropriations Act for FY 2017-2018 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 May 1, 2016, and May 1, 2017, are printed in Volume Two beginning at pages 4015 and 4087, respectively. The order of the Superior Court of Colquitt County accepting the surrender of the municipal charter of the Town of Riverside is printed in Volume Two beginning on page 4195.
There are no numbered pages between page 858, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2017
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2016-2017. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2017-2018.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4015 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4087 Court Order Accepting Surrender of Charter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4195
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 119A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 125A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 127A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 386A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387A

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HEALTH EXTEND SUNSET PROVISION FOR HOSPITAL MEDICAID FINANCING PROGRAM.

No. 4 (Senate Bill No. 70).

AN ACT

To amend Article 6C of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the hospital Medicaid financing program, so as to extend the sunset provision; 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 6C of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the hospital Medicaid financing program, is amended by revising Code Section 31-8-179.6, relating to the termination date of the program, as follows:
"31-8-179.6. This article shall stand repealed on June 30, 2020, unless reauthorized by the General Assembly prior to that date."

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 February 13, 2017.

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ELECTIONS CORRECTION OF MISTAKES AND OMISSIONS ON BALLOTS; DATES OF CERTAIN SPECIAL ELECTIONS AND RUNOFFS.

No. 7 (House Bill No. 42).

AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to authorize election superintendents to correct mistakes and omissions on ballots for a primary or election; to provide for the dates for certain special elections to fill vacancies in county, municipal, and school board offices; to provide for the timing of runoffs from certain special elections under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising Code Section 21-2-293, relating to correction of mistakes and omissions on ballot, as follows:
"21-2-293. (a) If the election superintendent discovers that a mistake or omission has occurred in the printing of official ballots or in the programming of the display of the official ballot on DRE voting equipment for any primary or election, the superintendent is authorized on his or her own motion to take such steps as necessary to correct such mistake or omission if the superintendent determines that such correction is feasible and practicable under the circumstances. (b) When it is shown by affidavit that a mistake or omission has occurred in the printing of official ballots or in the programming of the display of the official ballot on DRE voting equipment for any primary or election, the superior court of the proper county may, upon the application of any elector of the county or municipality, require the superintendent to correct the mistake or omission or to show cause why he or she should not do so."

SECTION 2. Said chapter is further amended by revising paragraph (6) of subsection (a) and subsection (c) of Code Section 21-2-501, relating to number of votes required for election, as follows:
"(6) In the case of a runoff from a special primary or special election for an office other than a federal office not held in conjunction with a general primary or general election,

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the runoff shall be held on the twenty-eighth day after the day of holding the preceding special primary or special election; provided, however, that, if such runoff is from a special primary or special election held in conjunction with a special primary or special election for a federal office and there is a runoff being conducted for such federal office, the runoff from the special primary or special election conducted for such other office may be held in conjunction with the runoff for the federal office." "(c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twenty-eighth day after the day of holding the first primary or election, unless such run-off date is postponed by court order; provided, however, that, in the case of a runoff from a municipal special election that is held in conjunction with a special election for a federal office and not in conjunction with a general primary or general election, the municipality may conduct such runoff from such municipal special election on the date of the special election runoff for the federal office. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or run-off election to fill the nomination or public office sought shall be declared the winner. The municipality shall give written notice to the Secretary of State of such runoff as soon as such municipality certifies the preceding primary, special primary, election, or special election."

SECTION 3. Said chapter is further amended by revising paragraph (1) of subsection (c) of Code Section 21-2-540, relating to conduct of special elections generally, as follows:
"(c)(1) Notwithstanding any other provision of law to the contrary, a special primary or special election to fill a vacancy in a county or municipal office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and

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(B) In even-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; or (iii) The Tuesday after the first Monday in November;
provided, however, that, in the event that a special election to fill a federal or state office on a date other than the dates provided in this paragraph has been scheduled and it is possible to hold a special election to fill a vacancy in a county, municipal, or school board office in conjunction with such special election to fill a federal or state office, the special election to fill such county, municipal, or school board office may be held on the date of and in conjunction with such special election to fill such federal or state office provided all other provisions of law regarding such elections are met."

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 February 23, 2017.

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REVENUE AND TAXATION INCOME TAXATION; INCORPORATE CERTAIN
PROVISIONS OF FEDERAL LAW.

No. 10 (House Bill No. 283).

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 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. 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, 2016, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2017, except that Section 85(c), Section 108(i), Section 163(e)(5)(F), Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, and except that the limitations provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010, shall be $250,000.00 for tax years beginning in 2011, shall be $250,000.00 for tax years beginning in 2012, 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, and provided that subsection (b) of Section 3 of federal Public Law 114-292 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35' shall be substituted for the phrase 'section 6511(a) of the Internal Revenue Code of 1986' and the phrase 'such section' shall be substituted for the phrase 'such subsection.' In the event a

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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, 2017, 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, 2016, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2017, 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. 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 March 21, 2017.

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EDUCATION DEPARTMENT OF EARLY CARE AND LEARNING; AUTHORIZE ESTABLISHMENT OF NONPROFIT CORPORATION TO QUALIFY AS PUBLIC FOUNDATION.

No. 12 (House Bill No. 463).

AN ACT

To amend Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to early care and learning, so as to authorize the Department of Early Care and Learning to establish a nonprofit corporation to qualify as a public foundation; to provide for requirements; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to early care and learning, is amended by adding a new Code section to read as follows:
"20-1A-4.1. (a) The department shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. (b) Any nonprofit corporation created pursuant to this Code section shall be subject to the following provisions:
(1) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (2) Upon dissolution of any such nonprofit corporation incorporated by the department, any assets shall revert to the department or to any successor to the department or, failing such succession, to the State of Georgia; (3) As used in this paragraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the department; (4) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (5) The department shall not be liable for the action or omission to act of any such nonprofit corporation; (6) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (7) Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange. (c) Pursuant to this Code section, the department may establish a nonprofit corporation to be designated as the Georgia Foundation for Early Care and Learning to Promote Public-Private Partnerships between businesses, nonprofit organizations, institutions of higher education, local school systems, public schools, and early care and education

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programs for the purpose of supporting educational excellence for children and families. Funds received by the foundation may be awarded through a competitive grant process administered by the department. The General Assembly may appropriate funds for purposes of this foundation. (d) Any nonprofit corporation created pursuant to this Code section shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated."

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

Approved March 24, 2017.

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CRIMES AND OFFENSES WEAPONS CARRY LICENSES; RECIPROCITY.

No. 15 (House Bill No. 406).

AN ACT

To amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to having or carrying handguns, long guns, or other weapons, license requirement, exceptions for homes, motor vehicles, private property, and other locations and conditions, so as to revise the requirements for the reciprocity of recognizing and giving effect to licenses to carry from other states; to require the Attorney General to maintain a certain public list; 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 16-11-126 of the Official Code of Georgia Annotated, relating to having or carrying handguns, long guns, or other weapons, license requirement, exceptions for homes, motor vehicles, private property, and other locations and conditions, is amended by revising subsection (e) as follows:
"(e) Any person licensed to carry a weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that:

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(1) Such licensee licensed to carry a weapon in any other state shall carry the weapon in compliance with the laws of this state; and (2) No other state shall be required to recognize and give effect to a license issued pursuant to this part that is held by a person who is younger than 21 years of age. (e.1) The Attorney General shall create and maintain on the Department of Law's website a list of those states whose laws recognize and give effect to license issued pursuant to this part as provided for in subsection (e) of this Code section."

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

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

Approved April 5, 2017.

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REVENUE AND TAXATION EXPAND DEFINITION OF FAMILY FARM; EXCEPTION FOR USE OF PROPERTY FOR SOLAR POWER GENERATION AND FARM LABOR HOUSING.

No. 16 (House Bill No. 238).

AN ACT

To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for an expanded definition of family farm; to provide for an exception or limitation to a breach of the covenants for use of the property for solar power generation or for farm labor housing; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by revising

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subparagraph (a)(1)(C) and subsection (p) of Code Section 48-5-7.4, relating to bona fide conservation use property, as follows:
"(C) Except as otherwise provided in division (vii) of this subparagraph, such property must be owned by:
(i) One or more natural or naturalized citizens; (ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens; (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; (iv) A family owned farm entity, such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company, all of the interest of which is owned by one or more natural or naturalized citizens related to each other by blood or marriage within the fourth degree of civil reckoning, except that, solely with respect to a family limited partnership, a corporation, limited partnership, limited corporation, or limited liability company may serve as a general partner of the family limited partnership and hold no more than a 5 percent interest in such family limited partnership, an estate of which the devisees or heirs are one or more natural or naturalized citizens, a trust of which the beneficiaries are one or more natural or naturalized citizens, or an entity created by the merger or consolidation of two or more entities which independently qualify as a family owned farm entity, and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to past or future bona fide conservation uses, within this state within the year immediately preceding the year in which eligibility is sought; provided, however, that in the case of a newly formed family farm entity, an estimate of the income of such entity may be used to determine its eligibility; (v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; (vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501(c)(7) of the Internal Revenue Code; or (vii) In the case of constructed storm-water wetlands, any person may own such property;" "(p) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes;

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(3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period;
(4)(A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value; (6) Allowing all or part of the property subject to the covenant on which a corn crop is grown to be used for the purpose of constructing and operating a maze so long as the remainder of such corn crop is harvested; (7)(A) Allowing all or part of the property subject to the covenant to be used for agritourism purposes. (B) As used in this paragraph, the term 'agritourism' means charging admission for persons to visit, view, or participate in the operation of a farm or dairy or production of farm or dairy products for entertainment or educational purposes or selling farm or dairy products to persons who visit such farm or dairy; (8) Allowing all or part of the property which has been subject to a covenant for at least one year to be used as a site for farm weddings; (9) Allowing all or part of the property which has been subject to a covenant for at least one year to be used to host not for profit equestrian performance events to which spectator admission is not contingent upon an admission fee but which may charge an entry fee from each participant; (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;

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(11)(A) Allowing part of the property subject to the covenant to be used for solar generation of energy and conversion of such energy into heat or electricity, and the sale of the same in accordance with applicable law. (B) The provisions of subparagraph (A) of this paragraph shall not allow the portion of the property on which such solar energy generating equipment is located, as depicted by a boundary survey prepared by a licensed surveyor, and which is subject to an existing covenant to remain in the covenant. Such property shall be removed from the existing covenant at the time of the installation of the solar energy generating equipment and shall be subject to the penalty for breach of the covenant contained in subsection (q) of this Code section and shall be subject to ad valorem taxation at fair market value; or (12)(A) Allowing part of the property subject to the covenant to be used for farm labor housing. As used in this paragraph, the term 'farm labor housing' means all buildings or structures used as living quarters when such housing is provided free of charge to workers who provide labor on agricultural property. (B) The provisions of subparagraph (A) of this paragraph shall not allow the portion of the property on which such farm labor housing is located and which is subject to an existing covenant to remain in the covenant. Such property shall be removed from the existing covenant at the time construction of the farm labor housing begins and shall be subject to ad valorem taxation at fair market value."

SECTION 2. Said article is further amended by revising subsection (q) of Code Section 48-5-7.7, relating to the forest land protection act, as follows:
"(q) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period; (4)(A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No

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qualified owner shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value; (6)(A) Allowing part of the property subject to the covenant to be used for solar generation of energy and conversion of such energy into heat or electricity, and the sale of the same in accordance with applicable law. (B) The provisions of subparagraph (A) of this paragraph shall not allow the portion of the property on which such solar energy generating equipment is located, as depicted by a boundary survey prepared by a licensed surveyor, and which is subject to an existing covenant to remain in the covenant. Such property shall be removed from the existing covenant at the time of the installation of the solar energy generating equipment and shall be subject to the penalty for breach of the covenant contained in subsection (r) of this Code section and shall be subject to ad valorem taxation at fair market value; or (7)(A) Allowing part of the property subject to the covenant to be used for farm labor housing. As used in this paragraph, the term 'farm labor housing' means all buildings or structures used as living quarters when such housing is provided free of charge to workers who provide labor on agricultural property. (B) The provisions of subparagraph (A) of this paragraph shall not allow the portion of the property on which such farm labor housing is located and which is subject to an existing covenant to remain in the covenant. Such property shall be removed from the existing covenant at the time construction of the farm labor housing begins and shall be subject to ad valorem taxation at fair market value."

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

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

Approved April 17, 2017.

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CRIMES AND OFFENSES SCHEDULE OF CONTROLLED SUBSTANCES AND DEFINITION OF DANGEROUS DRUGS; REVISED.
No. 17 (House Bill No. 231).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedules I, II, IV, and V controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by adding two new subparagraphs to paragraph (1) to read as follows:
"(RR) 3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide (AH-7921); (SS) 3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide (U-47700);"
SECTION 2. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraphs (CC), (EE), (JJ), (KK), (LL), (MM), (NN), (RR), and (FFF) of and by adding new subparagraphs to paragraph (3) as follows:
"(CC) Reserved;" "(EE) Reserved;" "(JJ) Reserved; (KK) Reserved; (LL) Reserved;

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(MM) Reserved; (NN) Reserved;" "(RR) Reserved;" "(FFF) Fluoromethcathinone;" "(EEEE) 1-(1-benzofuran-6-yl)propan-2-amine (6-APB); (FFFF) 1-(1-benzofuran-5-yl)-N-ethylpropan-2-amine (5-EAPB);"

SECTION 3. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraphs (B) and (C) of paragraph (4) as follows:
"(B) Reserved; (C) Reserved;"

SECTION 4. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by substituting the "." at the end of subparagraph (V) of paragraph (12) with a ";" and by adding new paragraphs to read as follows:
"(13) The fentanyl analog structural class, including any of the following derivatives, their salts, isomers, or salts of isomers, 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 is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from fentanyl, and whether or not further modified in any of the following ways:
(A) Substitution anywhere on the phenethyl group with: (i) Alkyl group; (ii) Hydroxyl group; (iii) Halide group;
(B) Replacement of the phenethyl group with: (i) Thienyl ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (ii) Oxotetrazol ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (iii) Alkyl group; (iv) Thienyl methyl group, which can be further substituted with: (I) Alkyl group;

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(II) Hydroxyl group; (III) Halide group; (v) Benzyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (vi) Furanyl ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (vii) Phenyl alkyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (viii) Pyridinyl ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (ix) Diazole ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (IV) Nitro group; (x) Thiazole ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (xi) Benzoxazolinone ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (C) Substitution anywhere on the piperidine ring with: (i) Alkyl group; (ii) Allyl group; (iii) Phenyl group; (iv) Ester group; (v) Ether group; (vi) Pyridine group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group;

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(vii) Thiazole group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group;
(viii) Oxadiazole group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (IV) Ether group;
(D) Substitution anywhere on the propanamide group with: (i) Cyclic alkyl group; (ii) Acyclic alkyl group: (iii) Methoxy group;
(E) Replacement of the propanamide group with: (i) Acryloyl amino group; (ii) Acetamide group, which itself can be further substituted with a cyclic alkyl group; (iii) Methoxy acetamide group; (iv) Furanyl amide group;
(F) Substitution anywhere on the phenyl ring with: (i) Halide group; (ii) Methoxy group; (iii) Alkyl group;
(G) Replacement of the phenyl ring with the pyrazine ring; (14) The piperidinyl-sulfonamide structural class, including 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 piperidinyl-sulfonamide, and whether or not further modified in any of the following ways:
(A) By substitution at the 1-position of the piperidinyl ring with any of the following: (i) Alkyl group; (ii) Phenyl alkyl group; (iii) Amino substituted phenyl alkyl group; (iv) Nitro substituted phenyl alkyl group; (v) Cycloalkyl group; (vi) Alkenyl substituent group;

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(B) By substitution at the 3-position or 4-position of the piperidinyl ring with any of the following:
(i) Halide group; (ii) Alkyl group; (iii) Alkoxy substituent; (C) By substitution on the sulfonamide with any of the following: (i) Pyridyl group; (ii) Alkyl group; (iii) Phenyl group; (iv) Phenyl alkyl group; (v) Alkoxy substituted phenyl group; (vi) Halogen substituted phenyl group; (vii) Nitro substituted phenyl group; (viii) Amino substituted phenyl group; (ix) Alkanoylamino substituted phenyl group; (x) Amido substituted phenyl group; (15) The 1-cyclohexyl-4-(1,2-diphenylethy)-piperazine (MT-45) structural class, including any of the following derivatives, their salts, isomers, or salts of isomers, 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 is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from 1-cyclohexyl-4-(1,2-diphenylethy)-piperazine (MT-45), and whether or not further modified in any of the following ways: (A) Replacement of the cyclohexyl group with any of the following: (i) Cycloheptyl group; (ii) Cyclooctyl group; (B) Substitution on the diphenyl groups with any of the following: (i) Hydroxyl group; (ii) Halide; (iii) Alkoxy group; (iv) Alkyl group; (v) Ester group; (vi) Phenyl ether group."

SECTION 5. Said chapter is further amended in Code Section 16-13-26, relating to Schedule II controlled substances, by adding new subparagraphs to paragraph (2) to read as follows:
"(C.5) Carfentanil;" "(V.2) Thiafentanil;"

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SECTION 6. Said chapter is further amended in Code Section 16-13-26, relating to Schedule II controlled substances, by revising subparagraph (E) of paragraph (3) as follows:
"(E) Reserved;"

SECTION 7. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by revising paragraph (1) of subsection (b) as follows:
"(1) By substitution at the 2-position with a ketone or a thione;"

SECTION 8. Said chapter is further amended in Code Section 16-13-29, relating to Schedule V controlled substances, by deleting "or" at the end of paragraph (5), by substituting the "." at the end of paragraph (6) with a ";", and by adding a new paragraph to read as follows:
"(7) Brivaracetam."

SECTION 9. 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:
"(13.531) Adalimumab-atto;" "(68.13) Atezolizumab;" "(97.4) Bezlotoxumab;" "(217.4) Crisaborole;" "(244.2) Defibrotide;" "(331.053) Elbasvir;" "(355.6) Etanercept-szzs;" "(355.8) Eteplirsen;" "(430.7) Grazoprevir;" "(472.51) Infliximab-dyyb;" "(506.97) Ixekizumab;" "(520.2) Lifitegrast;" "(528.1) Lixisenatide;" "(658.7) Nusinersen;" "(661.03) Obeticholic acid;" "(661.05) Obiltoxaximab;" "(661.96) Olaratumab;" "(663.36) Omalizumab;" "(663.6) OnabotulinumtoxinA;" "(769.37) Prasterone;" "(835.5) Reslizumab;" "(848.2) Rucaparib;"

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"(1027.53) Velpatasvir;" "(1027.57) Venetoclax;"

SECTION 10. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by revising paragraphs (13.55), (198.05), and (673) of subsection (b) as follows:
"(13.55) Adapalene -- See exceptions;" "(673) Oxymetazoline;"

SECTION 11. 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:
"(0.5) Adapalene -- when used with a strength up to 0.1 percent in a topical skin product;"

SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 17, 2017.

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COMMERCE AND TRADE INCREASE BONDING AUTHORITY OF GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY.

No. 18 (House Bill No. 264).

AN ACT

To amend Article 3 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to revenue bonds issued by the Geo. L. Smith II Georgia World Congress Center Authority, so as to increase the bonding capacity; 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 3 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to revenue bonds issued by the Geo. L. Smith II Georgia World Congress Center Authority, is amended by revising Code Section 10-9-40, relating to authorization for the issuance of bonds and purpose, as follows:
"10-9-40. The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this article in excess of the cumulative principal sum of $400 million but excluding from such limit bonds issued for the purpose of refunding bonds which have been previously issued. The authority shall have the power to issue such revenue bonds and to use the proceeds thereof for the purpose of paying all or part of the costs of the project to the extent but only to the extent the costs are incurred for the following facilities: multipurpose stadiums or coliseums and related athletic fields, courts, or surfaces, and clubhouses and gymnasiums; facilities for the purveying of goods and services within such stadiums or coliseums; parking facilities and parking areas in connection therewith; facilities deemed necessary or convenient within the structure of such stadiums or coliseums; and related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to such facilities and the extension, addition, or improvement of such facilities, which facilities are to be operated as part of the project, as such facilities shall be designated in the resolution of the board of governors of the authority authorizing the issuance of such bonds."

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

Approved April 18, 2017.

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CRIMES AND OFFENSES FOOD, DRUGS, AND COSMETICS HEALTH PRESCRIPTION OF OPIOID ANTAGONISTS; DEFINITION OF DANGEROUS DRUGS; IMMUNITY FOR STATE HEALTH OFFICER; AUTHORITY OF STATE HEALTH OFFICERS.

No. 19 (Senate Bill No. 121).

AN ACT

To amend Article 3 of Chapter 13 of Title 16, Code Section 26-4-116.2, and Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to dangerous drugs, the authority of licensed health practitioners to prescribe opioid antagonists and immunity from liability, and general provisions for health, respectively, so as to change provisions relating to the definitions of dangerous drugs; to provide for immunity for the state health officer under certain circumstances; to change provisions relating to the state health officer; to provide for his or her authority in connection to certain dangerous drugs; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Jeffrey Dallas Gay, Jr., Act."

SECTION 2. Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, is amended by revising paragraph (635) of subsection (b) of Code Section 16-13-71, relating to the definition of a dangerous drug, as follows:
"(635) Naloxone -- See exceptions;"

SECTION 3. Said article is further amended by adding a new paragraph to subsection (c) of Code Section 16-13-71, relating to the definition of a dangerous drug, to read as follows:
"(14.25) Naloxone -- shall also be exempt from subsections (a) and (b) of this Code section when used for drug overdose prevention and when supplied by a dispenser as follows:
(A) Nasal adaptor rescue kits containing a minimum of two prefilled 2 ml. luer-lock syringes with each containing 1 mg./ml. of naloxone; (B) Prepackaged nasal spray rescue kits containing single-use spray devices with each containing a minimum of 4 mg./0.1 ml. of naloxone;

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(C) Muscle rescue kits containing a 10 ml. multidose fliptop vial or two 1 ml. vials with a strength of 0.4 mg./ml. of naloxone; or (D) Prepackaged kits of two muscle autoinjectors with each containing a minimum of 0.4 mg./ml. of naloxone;"

SECTION 4. Code Section 26-4-116.2 of the Official Code of Georgia Annotated, relating to the authority of licensed health practitioners to prescribe opioid antagonists and immunity from liability, is amended by revising subsections (c) through (e) and adding a new subsection to read as follows:
"(c) A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists pursuant to a prescription issued in accordance with subsection (b) of this Code section or Code Section 31-1-10. (d) A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid related overdose may administer an opioid antagonist that was prescribed pursuant to subsection (b) of this Code section in accordance with the protocol specified by the practitioner or pursuant to Code Section 31-1-10. (e) The following individuals shall be immune from any civil liability, criminal responsibility, or professional licensing sanctions for the following actions authorized by this Code section:
(1) Any practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this Code section; (2) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist pursuant to a prescription issued in accordance with subsection (b) of this Code section; (3) The state health officer acting in good faith and as provided in Code Section 31-1-10; and (4) Any person acting in good faith, other than a practitioner, who administers an opioid antagonist pursuant to subsection (d) of this Code section. (f) Every pharmacy in this state shall retain a copy of the standing order issued under Code Section 31-1-10."
SECTION 5. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions for health, is amended by revising Code Section 31-1-10, relating to the state health officer, as follows:
"31-1-10. (a) The position of state health officer is created. The Governor may appoint the commissioner of public health to serve simultaneously as the state health officer or may appoint another individual to serve as state health officer. Such officer shall serve at the

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pleasure of the Governor. An individual appointed to serve as state health officer shall be licensed to practice medicine in this state. (b) The state health officer shall:
(1) Perform such health emergency preparedness and response duties as assigned by the Governor; and (2) Be authorized to issue a standing order prescribing an opioid antagonist, as such term is defined in Code Section 26-4-116.2, on a state-wide basis under conditions that he or she determines to be in the best interest of this state."

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 18, 2017.

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CRIMES AND OFFENSES LAW ENFORCEMENT OFFICERS AND AGENCIES AUTHORIZE CERTAIN RETIRED LAW ENFORCEMENT OFFICERS TO CARRY HANDGUNS; POLICE OFFICERS EMPLOYED BY STATE ENTITIES AUTHORIZED TO RETAIN BADGE AND WEAPON UPON RETIREMENT OR LEAVING EMPLOYMENT DUE TO CERTAIN DISABILITY.

No. 20 (Senate Bill No. 18).

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 authorize certain persons who are citizens of this state and have retired with at least ten years of aggregate service as a law enforcement officer with powers of arrest under the laws of any state of the United States or of the United States to carry a handgun anywhere within this state; to require such persons to possess and to meet the standards for issuance of an identification card for retired law enforcement officers as issued by the Georgia Peace Officer Standards and Training Council; 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 police officers employed by a state entity shall be entitled to retain the weapon

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and badge issued to them upon their retirement or upon leaving such employment as a result of disability arising in the line of duty; to provide for definitions; to provide for exceptions and conditions; to provide for rules, regulations, and policies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 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 subsection (c) as follows:
"(c) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any: (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (2) Member of the Georgia State Patrol, agent of the Georgia Bureau of Investigation, retired member of the Georgia State Patrol, or retired agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive who is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive who formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer who is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired police officer is receiving benefits under the Peace Officers' Annuity and Benefit Fund

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provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (5) Person who is a citizen of this state and:
(A) Has retired with at least ten years of aggregate service as a law enforcement officer with powers of arrest under the laws of any state of the United States or of the United States; (B) Separated from service in good standing, as determined by criteria established by the Georgia Peace Officer Standards and Training Council, from employment with his or her most recent law enforcement agency; and (C) Possesses on his or her person an identification card for retired law enforcement officers as issued by the Georgia Peace Officer Standards and Training Council; provided, however, that such person meets the standards for the issuance of such card as provided for by the council, including, but not limited to, maintenance of qualification in firearms training. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, member of the Georgia State Patrol, retired member of the Georgia State Patrol, agent of the Georgia Bureau of Investigation, retired agent of the Georgia Bureau of Investigation, active or retired law enforcement chief executive, person who is a retired law enforcement officer as provided for in paragraph (5) of this subsection, or other law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty anywhere within this state and the provisions of Code Sections 16-11-126 through 16-11-127.2 shall not apply to the carrying of such firearms."

SECTION 2. 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 revising Code Section 35-1-20, relating to retention of weapons by officers following employment, as follows:
"35-1-20. (a) As used in this Code section, the term:
(1) 'Honorable conditions' means conditions of having satisfied, met, or exceeded the conduct and performance standards established by the state entity for sworn police officers. (2) 'State entity' means any state department, agency, board, bureau, office, commission, public corporation, system, or authority. (b) 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 police officers, upon their retirement from employment by such municipality, county, or board of

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education or upon leaving such employment as a result of a disability arising in the line of duty, shall be entitled, as part of their compensation, to retain their weapon and badge. (c) Except where otherwise provided for by law for a state entity, each state entity which employs sworn police officers who are certified by the Georgia Peace Officer Standards and Training Council shall adopt rules, regulations, or policies under which such sworn police officers, upon their retirement from employment by such state entity or upon leaving such employment as a result of a disability arising in the line of duty, shall be entitled, as part of their compensation, to retain their weapon and badge; provided, however, that such sworn police officers retire or leave under honorable conditions."

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

Approved April 18, 2017.

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GAME AND FISH WATERS OF THE STATE, PORTS, AND WATERCRAFT REVISE DEFINITIONS, LICENSE FEES, AND LICENSE REQUIREMENTS; REVISE BOAT REGISTRATION FEES; ALLOW ADDITIONAL METHODS TO REPORT SALE OF BOATS.
No. 22 (House Bill No. 208).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to revise definitions, license fees, and license requirements; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels, requirements, and fees, so as to revise boat registration fees and allow additional methods for reporting the sale of boats; to correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-1-2, relating to definitions relative to game and fish, by revising paragraph (60) and adding a new paragraph to read as follows:

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"(60) 'Resident' means any citizen of the United States who has been domiciled within the State of Georgia for a period of at least three months. For purposes of issuing or procuring the noncommercial hunting and fishing licenses required by this title, the term 'resident' shall include full-time military personnel on active duty and the dependents of such military personnel; provided, however, that requirements for residency as defined in subparagraph (c)(4)(A) of Code Section 27-2-3.1 shall apply to such military personnel and their dependents for all lifetime license types listed in Code Section 27-2-3.1 that are only available to residents. Requirements for residency as defined in subparagraph (c)(4)(A) of Code Section 27-2-3.1 shall also apply to such military personnel and their dependents for all honorary or discounted license types listed in Code Section 27-2-4 and to the landowner exemption in subsection (b) of Code Section 27-2-1, provided that the domicile requirement shall be a period of at least three months." "(63.1) 'Seafood dealer' means any person other than the consumer who purchases, ships, consigns, transfers, barters, accepts, maintains, or packs any marine fishery products received from commercial seafood harvesters or marine aquaculturists for the first time."

SECTION 2. Said title is further amended in Code Section 27-2-1, relating to hunting, trapping, or fishing without a license or permit, by revising subsection (b) as follows:
"(b) It shall be unlawful for any resident of this state who has attained the age of 16 years to hunt, fish in the waters of this state, or trap without a valid hunting license, fishing license, or trapping license, respectively, as provided in Code Section 27-2-23, except on premises owned by him or her or his or her immediate family; provided, however, that the resident owner of any vessel with a valid registration in accordance with Code Section 52-7-5 shall have, as part of the registration fee for such vessel, a paid one-day resident hunting and fishing license valid only on the anniversary of such owner's date of birth in accordance with the requirements of this title and as otherwise specified by the department. It shall be unlawful for any resident of this state to hunt, fish, or trap in this state without carrying such license upon his or her person, except on premises owned by him or her or his or her immediate family and except when otherwise specifically directed by authorized personnel of the department."

SECTION 3. Said title is further amended by revising Code Section 27-2-3, relating to effective periods of hunting, fishing, and trapping licenses, as follows:
"27-2-3. (a) Except as otherwise specifically provided, all hunting, fishing, and trapping licenses, including without limitation commercial fishing and commercial fishing boat licenses issued pursuant to Code Section 27-2-8, shall be effective from April 1 to March 31 of the following year; except that all annual, two-year, or other multiyear hunting, fishing, and hunting and fishing combination licenses issued pursuant to paragraphs (1) through (4) of

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Code Section 27-2-23 shall be effective through the applicable one-year, two-year, or multiyear anniversary of the date of issuance. If a person possesses a valid annual, two-year, or other multiyear hunting, fishing, or hunting and fishing combination license at the time of sale of one or more annual, two-year, or other multiyear licenses with identical privileges to the valid license, the new license or licenses shall become effective when the original license expires and shall remain valid through the full applicable period. The department may specify the effective dates and term of the following licenses or permits:
(1) The Georgia waterfowl and migratory bird stamp to meet requirements of Code Section 27-2-20; (2) The free Georgia salt water fishing endorsement to meet requirements of Code Section 27-2-20.1; and (3) Any permit or requirement authorized by Code Section 27-3-29 regarding harvest recording and reporting. (b) Multiyear licenses valid for any desired number of years may be purchased through a single transaction for licenses listed in paragraphs (1) through (4) of Code Section 27-2-23. The fee for any such multiyear license shall be equivalent to the lowest cost combination of annual or two-year licenses necessary to form the desired multiyear license period. No resident license shall be valid at the time of hunting or fishing unless the licensee is a resident of this state at such time, except for lifetime licenses."

SECTION 4. Said title is further amended by revising Code Section 27-2-3.1, relating to hunting and sportsman's licenses, as follows:
"27-2-3.1. (a) The requirements in this title for procuring any paid license or permit for noncommercial hunting and fishing privileges, except for harvesting alligators, shall be satisfied by a resident or nonresident who procures a sportsman's license; provided, however, that the department may specify other nonpaid licenses and permits required by law or by rule or regulation of the board. An applicant for such license shall furnish all information required by the department prior to the issuance of such license. An applicant for any paid or nonpaid license who is a resident shall certify and provide satisfactory evidence of his or her residency as set forth in paragraph (4) of subsection (c) of this Code section. (b) All licenses, stamps, or permits for noncommercial hunting and fishing privileges shall be attached to or printed on a form provided by the department which shall include the applicant's name, address, date of birth, and hunter safety certification number; provided, however, that each such item of information may be, but is not required to be, printed on lifetime licenses.
(c)(1) The requirements in this title for procuring any paid license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

nonresident who procures a lifetime sportsman's license; provided, however, that the department may specify other required nonpaid licenses and permits required by law or by rule or regulation of the board for such resident or nonresident and that an applicant for such license shall furnish all information required by the department prior to the issuance of such license; and provided, further, that the requirements in this title for procuring any paid license, stamp, or permit for noncommercial hunting or for noncommercial fishing privileges, separately, shall be satisfied by a resident or nonresident who procures a lifetime sportsman's license for hunting only or for fishing only, respectively, as described in subparagraph (d)(1)(E) of this Code section. (2) An applicant for a veteran's lifetime sportsman's license shall, in addition to satisfactory evidence of residency, be required to provide satisfactory evidence that he or she served more than 90 days of federal active duty military service and was honorably discharged. (3) An applicant for a lifetime sportsman's license who is a nonresident shall not be eligible for issuance of such license unless:
(A) He or she is from two through 15 years of age and is the grandchild of a resident who holds a valid paid lifetime sportsman's license (excluding a no-cost Type S lifetime license). The resident grandparent who holds such a lifetime sportsman's license and who is the sponsor of an eligible nonresident applicant for a lifetime sportsman's license shall certify the nonresident applicant's relationship to him or her in writing to the department; or (B) He or she is less than two years of age. (4)(A) For purposes of procuring a lifetime sportsman's license, the term 'residency' means a domicile within Georgia for a minimum of three consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia driver's license or official Georgia identification card issued by the Department of Driver Services; provided, however, that no license or identification card issued pursuant to Code Section 40-5-21.1 shall satisfy the requirements of this paragraph. (B) Minors under 18 years of age shall be presumed to be residents upon proof of parent's resident status as provided for in this Code section. For purposes of procuring the Type I (Infant) and Type Y (Youth) lifetime license, a copy of a certified copy of the birth certificate of the licensee shall be required to show age (Types I and Y) and parentage (Type Y). A court order or other legal document establishing parental rights or legal custody may be provided to show parentage. (d)(1) Lifetime sportsman's licenses and fees for residents shall be as follows: (A) Type I (Infant), available only to those individuals under two years of age: $500.00; (B) Type Y (Youth), available only to those individuals from two through 15 years of age: $600.00; (C) Type A (Adult), available to those individuals 16 years to 49 years of age: $750.00;

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(C.1) Type OA (Older Adult), available to those individuals 50 years to 59 years of age: $375.00; (D) Type SD (Senior Discount), available to those individuals 60 years to 64 years of age: $315.00; (E) Type S (Senior), available to those individuals 65 years of age or older born on or before June 30, 1952: no charge. The lifetime sportsman's licenses and fees available to those individuals 65 years of age and older born after June 30, 1952, shall be as follows:
(i) Type SP (Senior Paid): $70.00; (ii) Type SH (Senior Hunt), for hunting only: $35.00; and (iii) Type SF (Senior Fish), for fishing only: $35.00; (F) Type V (Veterans), available only to those individuals who served more than 90 days of federal active duty military service and were honorably discharged: 80 percent of the amount of the fee specified for Type A lifetime sportsman's licenses in subparagraph (C) of this paragraph; (G) Type M (Military), available only to those residents currently in active military service and who are in possession of a valid United States Department of Defense Common Access Card with a Uniformed Services affiliation. As used in this subsection, the term 'active military service' means service on active duty with the armed forces of the United States or service with a reserve component of the armed forces of the United States, including service in the Georgia National Guard or National Guard of another state: 80 percent of the amount of the fee specified for Type A lifetime sportsman's licenses in subparagraph (C) of this paragraph; and (H) Type SP (Shooting Preserve), available to any individual, resident or nonresident, and which entitles the holder to hunt pen raised game birds and fish in any private or state waters within the boundaries of a properly licensed shooting preserve: $75.00. (2) The fee for any lifetime sportsman's license for a nonresident, Type NR, shall be twice the amount of the fee for a Type A (Adult) lifetime sportsman's license for a resident, except that the fee for a nonresident Type I (Infant) license shall be the same fee as for a resident Type I (Infant) license. (3) After July 1, 2017, the General Assembly shall not increase the cost of any license provided for in this subsection by more than 20 percent. (e) Lifetime sportsman's licenses shall be valid for the lifetime of the purchaser, whether resident or nonresident. Change of residency to another state shall not affect the validity of the lifetime license when hunting or fishing in Georgia. (f) The commissioner shall revoke the lifetime sportsman's license of any person who knowingly attempts to or does purchase, obtain, or assist another person to obtain a lifetime sportsman's license by fraudulent means, without refund of any fees paid. (g) Upon payment of a replacement fee of up to $15.00, any durable plastic card showing a lifetime sportsman's license or other valid license may be replaced if lost, stolen, or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

destroyed, provided that the applicant's name and lifetime license number or other required license information are in the records of the department. (h) Once a lifetime license is issued, no refunds of fees will be made except in the case of the death before age 16 years of a Type I (Infant) lifetime license holder or a Type Y (Youth) license holder, in which case a full refund of fees collected may be made upon submission of the lifetime license and any other documentation required by the department. (i) The requirements in this title for procuring any paid license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident youth younger than 16 years of age who procures an optional annual or an optional multiyear resident youth sportsman's license. The requirements in this title for procuring any paid license, stamp, or permit for noncommercial fishing privileges shall be satisfied by a youth younger than 16 years of age who procures an optional annual or an optional multiyear resident youth license for fishing only. A resident youth multiyear fishing license or resident youth multiyear sportsman's license will be valid from the time of purchase until such person reaches 17 years of age. The department may require satisfactory evidence to show age and residency before issuing an annual or youth multiyear license."

SECTION 5. Said title is further amended by revising Code Section 27-2-4, relating to honorary licenses, as follows:
"27-2-4. (a) The department shall issue a discounted hunting and fishing license, which shall entitle a resident to hunt and fish in this state without the payment of fees described in Code Section 27-2-23, to each resident who is permanently and totally disabled. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which is certified as such by the United States Department of Veteran Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation; provided, however, that persons disabled because of a mental impairment shall be issued a discounted fishing license only. Persons issued a discounted license under disability provisions shall renew such licenses and recertify their eligibility for such licenses every three years; provided, however, that licenses in effect as of July 1, 1998, shall not require renewal. The fee for a discounted three-year license issued pursuant to this subsection shall be $9.00 for hunting or fishing only and $15.00 for hunting and fishing combined. The fee for a discounted annual license issued pursuant to this subsection shall be $3.00 for hunting or fishing only and $5.00 for hunting and fishing combined. (b) Any resident who is totally blind and who applies to the department shall receive a lifetime honorary fishing license which shall entitle the holder thereof to fish in this state without the payment of any fee whatsoever.

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(c) Any person holding a valid honorary or discounted license pursuant to this Code section shall not be required to obtain the trout license and big game license otherwise required by Code Section 27-2-6. (d) All honorary and discounted hunting and fishing licenses are subject to all wildlife laws, rules, and regulations with the exception of the provisions requiring the payment of fees described in Code Section 27-2-23 for such licenses. Such honorary and discounted licenses may be revoked in accordance with this title. It shall be unlawful for any person who has an honorary or discounted hunting and fishing license to permit the use of same by any other person. It shall also be unlawful for any person who is not entitled to a discounted hunting and fishing license to use such a license or for any totally and permanently disabled person issued such a license to possess or use such license when the disability is no longer total or permanent. Licenses for the totally and permanently disabled may, upon a determination that the disability is no longer total or permanent, be revoked until such time as the disability is again total and permanent. (e) The commissioner is authorized to make and enter into agreements from time to time with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age or older so as to provide discounted hunting and fishing licenses to be issued to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence. (f) Persons holding lifetime honorary licenses issued to persons 65 years of age or older prior to April 1, 1999, shall not be required to obtain a lifetime license pursuant to Code Section 27-2-3.1, and such lifetime honorary license shall carry the same rights and privileges as a lifetime license issued pursuant to that Code section.
(g)(1) As used in this subsection, the term 'returning veteran' means a person who is discharged from active duty as a member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard and who was on ordered federal duty for a period of 90 days or longer. (2) The department shall issue an honorary hunting and fishing license to any returning veteran which shall entitle him or her to hunt and fish in this state without the payment of fees described in Code Section 27-2-23 for a period of one year following issuance. A returning veteran requesting such an honorary license shall provide proof of his or her discharge."

SECTION 6. Said title is further amended by revising Code Section 27-2-4.2, relating to courtesy nonresident fishing licenses for certain veterans, as follows:
"27-2-4.2. The department is authorized to issue a courtesy nonresident fishing license, without fee, to any person who is not a resident of this state who is a paralyzed or disabled veteran and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

who is participating in an organized fishing tournament in this state which is sponsored and conducted by a nonprofit charitable association of paralyzed or disabled veterans, provided that such tournament is approved by the department. Such courtesy nonresident license shall be valid for use only during the specified dates of such tournament and for a maximum of seven days and shall include all requirements and privileges of a nonresident fishing license, including the nonresident trout license, for use only in association with such tournament."

SECTION 7. Said title is further amended by revising Code Section 27-2-5, relating to required hunter education courses, as follows:
"27-2-5. (a) It shall be unlawful for any person born on or after January 1, 1961, to procure a hunting license or to hunt by means of weapons in this state unless that person has been issued a certificate or other evidence the department deems acceptable which indicates satisfactory completion of a hunter education course as prescribed by the board. Persons ages 12 through 25 shall provide such certificate or other evidence to the issuing agent at the time of purchase of a hunting license. All persons required by this subsection to complete a hunter education course, by buying such license, by receiving a temporary license identification number, or by receiving a license from a telephone license agent, Internet license agent, or other vendor, shall certify by such action their compliance with this subsection. (b) It shall be unlawful for any person authorized to issue hunting licenses in this state to issue a hunting license to any person age 16 through 25 unless that license agent shall have been provided with a certificate showing the license applicant has satisfactorily completed a hunter education course as prescribed by the board, or to any other person born on or after January 1, 1961, unless such person provides such other evidence of completion of a hunter education course as the department deems acceptable. Internet and telephone license agents may accept a valid hunter education certificate number as fulfillment of this requirement. (c) It shall be unlawful for any person age 16 through 25 who is not required by law to obtain a hunting license to hunt in this state unless that person carries on his or her person while hunting a certificate attesting to that person's satisfactory completion of a hunter education course as prescribed by the board. Such person shall present his or her certificate to a conservation ranger or deputy conservation ranger for inspection upon demand. (d) Any person who is age 12 through 15 shall satisfactorily complete a hunter education course as a prerequisite to hunting with a weapon in this state. It shall be unlawful for any adult to permit his or her child or ward age 12 through 15 to hunt with a weapon unless the child has a certificate attesting to his or her satisfactory completion of such course on his or her person; provided, however, that a hunter education course is not required for a child less than 16 years of age who is hunting under adult supervision by a licensed adult hunter.

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(e) Any person applying for an annual or multiyear nonresident hunting/fishing license may provide a certificate of completion or such other evidence of completion the department deems acceptable of the official hunter education or hunter safety course of such person's state of residence if that course shall have been approved by the department. No one applying for a hunting license of less than one year in duration or for a lifetime license shall be required to exhibit such a certificate or to complete a hunter education course in order to obtain the license. Persons holding a lifetime license shall complete an official hunter education or hunter safety course and display proof of completion as specified by the department in order to hunt unless otherwise exempted by this title. (f) By rule or regulation, the board shall prescribe a course of instruction in competency and safety in hunting and in the handling of weapons. The board shall also prescribe procedures whereby competent residents of this state shall be certified as hunter education instructors. The board may provide, by rule or regulation, for charging reasonable fees for the issuance by the department of duplicate certificates of completion of a hunter education course and for hunter education courses in order to defray the expenses of conducting such courses. Any such fees shall be deemed as 'other income' of the department for purposes of subsection (c) of Code Section 27-1-13. (g) Any person violating any provision of this Code section shall be guilty of a misdemeanor; provided, however, that this subsection shall not apply to any person under the age of 16. (h) The requirements of subsections (c) and (d) of this Code section shall not apply to any person hunting on his or her own land or that of his or her parents or legal guardian or to persons permitting a child or ward aged 12 through 15 years to hunt on the parent's or guardian's own land."

SECTION 8. Said title is further amended by revising Code Section 27-2-6, relating to trout, waterfowl, big game, and alligator licenses, as follows:
"27-2-6. (a) It shall be unlawful for any person who has attained the age of 16 years to fish for or possess mountain trout or to fish in any waters designated as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout license in addition to his or her fishing license. (b) It shall be unlawful for any person who has attained the age of 16 years to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license; provided, however, that all nonresidents, regardless of age, must possess a nonresident hunting/fishing license along with any harvest records required by law or regulation to hunt big game in this state. (c) It shall be unlawful for any person who has attained the age of 16 years to hunt ducks, geese, or swans unless such person has in his or her possession a Georgia waterfowl and migratory bird stamp in addition to the required hunting license; provided, however, that

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GENERAL ACTS AND RESOLUTIONS, VOL. I

a Georgia waterfowl and migratory bird stamp or a landowner Georgia waterfowl and migratory bird stamp shall be required for any resident of this state to hunt migratory birds on premises owned by him or her or his or her immediate family. (d) It shall be unlawful for any person who has attained the age of 16 years to hunt alligators unless such person has in his or her possession a valid hunting license. A resident or nonresident alligator harvest permit shall be required to harvest an alligator. Such permit shall be free to lifetime license holders if selected as part of any department quota or lottery. (e) No resident of this state shall be required to obtain a trout license or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family. (f) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department."

SECTION 9. Said title is further amended by revising Code Section 27-2-8, relating to commercial fishing boat licenses, as follows:
"27-2-8. (a) It shall be unlawful for any person to engage in commercial fishing with a boat or vessel in the salt waters of this state without first obtaining a valid commercial fishing boat license for the boat or vessel. The owner or operator of the boat or vessel shall present in writing an application for the license, setting forth such data and information as the department shall require. The application shall be made upon a form prescribed by the department and shall be under oath and duly witnessed by an officer authorized by law to administer oaths. (b) Fees for licenses required under this Code section shall be as follows:
(1) A trawler (which shall be any boat or vessel which utilizes one or more trawls or power-drawn nets in the taking of shrimp, crabs, or fish), up to and including 18 feet in overall length: $85.00; (2) A trawler more than 18 feet in overall length: $85.00 plus $3.00 per foot or fraction thereof of overall length in excess of 18 feet; and (3) All boats other than trawlers, regardless of length: $5.00. (c) To defray the additional cost of regulating and policing, aliens and nonresidents shall be charged a license fee in addition to that provided by subsection (b) of this Code section in the amount of $150.00 for each trawl boat or vessel used and $50.00 for each boat or vessel other than a trawler used in commercial fishing or in the taking of seafood, which boat or vessel is owned, in whole or part, by such nonresident or alien, provided that, in the event such nonresident or alien applying for the license is a resident of another state which charges nonresidents a license fee greater than the total license fee charged for nonresidents in this state, then the additional license fee provided for nonresidents in this subsection

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shall be increased to the amount necessary to cause the Georgia nonresident license fee to be the same amount as the nonresident license fee of such other state. (d) The owner or operator of a trawler licensed according to subsection (b) of this Code section may purchase a trawler crew license as provided for in subparagraphs (W) and (X) of paragraph (8) of Code Section 27-2-23. Such license shall cover all crew members aboard the trawler while fishing, and all such crew members while so covered shall be exempt from the personal commercial fishing license requirements otherwise applicable under this title. Such trawler crew license shall be separate and distinct from any other license, shall be valid only for the trawler for which it is purchased, and shall not be transferable to any other trawler or vessel. Such trawler crew license shall be valid for a fishing year as provided for in Code Section 27-2-3 and shall be carried onboard the trawler while the trawler is in operation for purposes of the trawler crew license."

SECTION 10. Said title is further amended by revising Code Section 27-2-20, relating to migratory bird hunting, as follows:
"27-2-20. (a) It shall be unlawful for any person 16 years of age or older to hunt brant, ducks, geese, and swans in this state without a federal migratory bird hunting and conservation stamp. (b) It shall be unlawful for any person required to obtain a hunting license as provided in Code Section 27-2-1 to hunt any migratory game bird, including brant, ducks, geese, swans, doves, rails, woodcock, snipe, gallinules, and coots, without participating in the federal Migratory Bird Harvest Information Program. Participation in such program shall require the completion of an annual screening questionnaire prior to obtaining a Georgia waterfowl and migratory bird stamp or a landowner Georgia waterfowl and migratory bird stamp. Persons holding any other license conveying migratory bird hunting privileges, including a lifetime sportsman's license, shall complete the annual screening questionnaire before hunting migratory birds. Persons shall be in possession of the license and evidence of participation in the annual screening questionnaire as provided by the department while hunting migratory birds."

SECTION 11. Said title is further amended by revising Code Section 27-2-23, relating to license, permit, stamp, and tag fees, as follows:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses:

(A) Resident hunting license

Annual

$15.00

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Nonresident hunting license

Annual

(C) Nonresident hunting license

One-day

(D) Resident big game license

Annual

(E) Nonresident big game license

Annual

(F) Resident big game license

One-day

(G) Nonresident big game license

One-day

(H) Resident senior hunting license for 65 years of age or older

Annual

(I) Shooting preserve hunting license valid for Two-year residents and nonresidents

(J) Commercial fox hunting preserve license Seasonal

(K) Commercial fox breeder license

Seasonal

(L) Georgia waterfowl and migratory bird stamp valid for residents and nonresidents
(M) Landowner Georgia waterfowl and migratory bird stamp
(2) Hunting and fishing licenses:
(A) Resident hunting/fishing license
(B) Nonresident hunting/fishing license

Annual Annual
Annual One-day

(C) Resident hunting/fishing license

One-day

(D) Nonresident hunting/fishing license (3) Sportsman's licenses:
(A) Resident sportsman's license (B) Nonresident sportsman's license (C) Resident sportsman's license

Annual
Annual Annual One-day

100.00 20.00 25.00
225.00 10.00
130.00 4.00
12.00
75.00 75.00
5.00
0.00
30.00 30.00
5.00
150.00
65.00 400.00
25.00

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(D) Nonresident sportsman's license

One-day

(E) Resident optional youth sportsman's license for 12 to 15 years of age

Annual

(F) Resident optional youth sportsman's license for 12 to 15 years of age

Multiyear

(G) Resident senior sportsman's license for 65 Annual years of age or older

(4) Recreational fishing licenses:

(A) Resident fishing license

Annual

(B) Nonresident fishing license

Annual

(C) Nonresident fishing license

One-day

(D) Resident trout license

Annual

(E) Resident trout license

One-day

(F) Nonresident trout license

Annual

(G) Nonresident trout license

One-day

(H) Resident optional youth fishing license Annual

(I) Resident optional youth fishing license

Multiyear

(J) Resident senior fishing license for 65 years Annual of age or older

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

(B) Nonresident commercial trapping license Annual

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Seasonal

(B) Nonresident commercial fishing license Seasonal

39 170.00
5.00
15.00
7.00
15.00 50.00 10.00 10.00
5.00 25.00 10.00
3.00 10.00
4.00
40.00 325.00
20.00
200.00

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(C) Resident commercial fishing species endorsement
(D) Nonresident commercial fishing species endorsement
(E) Resident commercial crabbing license

Seasonal Seasonal Seasonal

(F) Nonresident commercial crabbing license (7) Fur, hide, and pelt licenses:
(A) Resident fur dealer license (B) Nonresident fur dealer license (C) Fur dealer's agent license (8) Miscellaneous licenses and permits: (A) Retail fish dealer license (B) Wholesale fish dealer license (C) Resident game-holding permit (D) Commercial quail breeder permit (E) Scientific collecting permit (F) Wildlife exhibition permit (G) Commercial shooting preserve license (H) Private shooting preserve license (I) Reserved. (J) Commercial fish hatchery license (K) Catch-out pond license (L) Soft-shell crab dealer license (M) Resident taxidermist license (N) Nonresident taxidermist license (O) Falconry permit

Seasonal
Annual Annual Annual
Annual Annual Annual Annual Annual Annual Annual Annual
Annual Annual Annual Three-year Three-year Three-year

5.00
10.00
20.00
200.00
300.00 450.00 200.00
40.00 75.00
5.00 30.00 75.00 150.00 150.00 50.00
75.00 250.00
40.00 150.00 500.00
40.00

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(P) Commercial alligator farming license

Annual

75.00

(Q) Resident alligator harvest permit

Annual

75.00

(R) Nonresident alligator harvest permit

Annual

250.00

(S) Wild animal license

Annual

250.00

(T) Wild animal auction license

Seven-day

5,500.00

(U) Resident bait dealer license

Seasonal

40.00

(V) Nonresident bait dealer license

Seasonal

250.00

(W) Resident film production wildlife permit Annual

300.00

(X) Nonresident film production wildlife permit

Annual

600.00

(Y) Resident trawler crew license

Annual

200.00

(Z) Nonresident trawler crew license

Annual

600.00

(AA) Seafood dealer license

Annual

40.00

(9) Any one-day license purchased that has not expired may be extended for up to ten additional consecutive days by payment of additional reduced rate daily fees:
(A) Nonresident hunting license: $6.00 per day;

(B) Resident big game license: $2.00 per day;

(C) Nonresident big game license: $8.00 per day;

(D) Nonresident hunting/fishing license: $10.00 per day;

(E) Resident hunting/fishing license: $1.00 per day;

(F) Nonresident fishing license: $3.50 per day;

(G) Resident trout license: $1.00 per day;

(H) Nonresident trout license: $2.00 per day;

(I) Resident sportsman's license: $3.00 per day; and

(J) Nonresident sportsman's license: $20.00 per day.

(10) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident

daily, seasonal, or annual use permits, or licenses; a fee of $38.00 for resident two-year

use permits; or a fee not to exceed $73.00 for nonresident annual use permits or licenses

to hunt and fish on or otherwise use specially designated streams, lakes, public fishing areas, or wildlife management areas. (11) For wildlife that may be legally taken by commercial fishing gear as authorized in this title or by board rule, the board may designate which species of wildlife or species grouping of wildlife require a commercial fishing species endorsement for a fee shown in subparagraphs (C) and (D) of paragraph (6) of this Code section in addition to the

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required commercial fishing license. Each species or group of species so designated shall require a separate commercial fishing species endorsement. (12) The fees for any annual license established in subparagraphs (A) through (E) of paragraph (1) and in paragraph (2), (3), or (4) of this Code section shall be reduced by the amount of the lowest available renewal transaction fee for each renewal transaction made before the expiration date of the then current license or tag. For purposes of this paragraph, the term 'renewal transaction' means the renewal of one or more licenses by a licensee during a single telephone call, Internet session, or on-site visit to a store. (13) After July 1, 2017, the General Assembly shall not increase the cost of any license, permit, tag, or stamp provided for in this Code section by more than 20 percent."

SECTION 12. Said title is further amended by revising subsection (c) of Code Section 27-2-28, relating to unlawful collection of funds, as follows:
"(c) It shall be unlawful for any person to counterfeit, change, or alter or to attempt to counterfeit, change, or alter any license or permit issued pursuant to this title. It shall be unlawful for any person, other than a license agent authorized by the department or authorized personnel of the department, to collect any funds for any license or permit issued pursuant to this title or to charge a fee to obtain any such license or permit."

SECTION 13. Said title is further amended by revising subsections (g) and (h) of Code Section 27-3-17, relating to hunting deer with dogs, as follows:"
(g) In addition to the provisions of subsection (f) of this Code section, the commissioner may suspend deer-dog hunting privileges for a specified period of time not to exceed two years for any hunter who, within a single hunting season, commits two or more violations of dogs off of permitted property. The hunter shall be notified of the proposed suspension personally or by a letter sent by certified mail or statutory overnight delivery to the hunter's address indicated on the application for a hunting license. The proposed suspension shall become final 30 days after issuance if not appealed as provided in this Code section. The hunter shall, upon petition within 30 days of issuance of notice given as stated in this Code section, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with such chapter."

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SECTION 14. Said title is further amended by revising Code Section 27-4-30, relating to fishing in private ponds, as follows:
"27-4-30. The owner of a private pond, the owner's immediate family, or tenants with the owner's consent shall be permitted to fish within the bounds of the pond at any time and in any manner without a fishing license. All other persons shall be required to obtain fishing licenses to fish within the bounds of a private pond as provided in this title unless the fish in the private pond are 'domestic fish' as defined in paragraph (23) of Code Section 27-1-2. For the purposes of this Code section, the term 'private pond' shall not include ponds owned by city or county governments, the State of Georgia, the United States, or authorities or political subdivisions of such governments."

SECTION 15. Said title is further amended by revising Code Section 27-4-110, relating to required commercial fishing license, as follows:
"27-4-110. It shall be unlawful for any person other than the crew of a trawler licensed as provided in Code Section 27-2-8 with a trawler crew license, for purposes of such license, or a person in possession of a valid commercial crabbing license as provided for in Code Section 27-4-150, for purposes of such license, or a person in possession of a commercial food shrimp cast netting license as provided in Code Section 27-4-205, for purposes of such license, to engage in commercial fishing in any of the salt waters of this state without first obtaining a commercial fishing license, which shall be carried on his or her person while engaging in such activities. Each license shall be separate and distinct from each other and separate from and in addition to the commercial fishing boat license required by Code Section 27-2-8."

SECTION 16. Said title is further amended by revising Code Section 27-4-136, relating to maintenance of records by suppliers, as follows:
"27-4-136. (a)(1) It shall be unlawful for any person to operate as a seafood dealer or to own or operate shellfish canning or shucking facilities or otherwise deal in purchasing, landing, packing, or supplying raw shrimp, shellfish, crabs, fish, or other seafood for commercial purposes without having a valid seafood dealer license as provided for in Code Section 27-2-23. (2) It shall be unlawful for any person required to have a seafood dealer license to fail to keep a record in which is entered the amount of shrimp, shellfish, crabs, fish, or other seafood taken from Georgia waters for commercial purposes; the name of each person from whom purchased; the date and price of purchase; the grade and quantity purchased;

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the name, number, and approximate tonnage of the boat in which they were brought to the facility; the number of calendar days expended in harvesting the product; the approximate location or locations of harvest; the quantity canned and packed for shipment; the date and amount of each shipment; and such other information as the department requires. (3) Each person required to maintain records pursuant to paragraph (2) of this subsection shall report such information to the department, whose address for the purpose of reporting shall be the Coastal Resource Division headquarters, at such times and in such manner as the board provides by rule or regulation. (b) It shall be unlawful for any master collecting permittee to fail to maintain records in a form as prescribed by the Department of Agriculture. (c) It shall be unlawful for any person required to have a seafood dealer license to purchase seafood from any person other than a properly licensed seafood harvester or another seafood dealer."

SECTION 17. Said article is further amended by revising paragraph (1) of subsection (g) of Code Section 27-4-151, relating to use of crab traps, as follows:
"(g)(1)(A) The first time after July 1, 1998, that a person obtains or renews a commercial crabbing license, he or she shall obtain a permit from the department establishing the maximum number of traps he or she may deploy at any given time during that license year. Such permits shall be issued in 50 trap increments up to a maximum of 200 traps. The licensee shall pay a fee of $2.50 per trap for the permit, and the permit shall be for the same duration and shall be renewed at the same time as the commercial crabbing license. (B) No crab trap permit may be amended to permit the use of more traps except at the time of license renewal. The licensee shall have the trap permit in his or her possession at all times while crabbing."

SECTION 18. Said title is further amended by revising Code Section 27-4-206, relating to issuance of commercial food shrimp cast netting licenses, as follows:
"27-4-206. (a) The department may issue no more than 200 commercial food shrimp cast netting licenses as provided in this Code section. Such licenses shall be issued only to individuals and shall not be transferable. (b) If the number of licenses issued pursuant to subsection (a) of this Code section does not total 200, the department may issue the remaining allotment of commercial food shrimp cast netting licenses in the initial or any subsequent license year by lottery devised and operated by the department. After such lottery has been conducted, any remaining unissued licenses may be issued via a method established by the department.

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(c) The department shall charge a license fee for the commercial food shrimp cast netting license in the amount of $250.00 for a resident commercial food shrimp cast netting license and $2,500.00 for a nonresident commercial food shrimp cast netting license. (d) Any license which is not renewed in subsequent license years shall revert to the department to be issued as provided in subsection (b) of this Code section."

SECTION 19. Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels, requirements, and fees, is amended by revising subsections (d), (e), and (j) as follows:
"(d) Applications shall be signed by the owner or owners of the vessel and shall be accompanied by the proper fee. Fees for numbering vessels for a registration period of three years shall be as follows:

(1) Vessels up to 16 feet in length.. . . . . . . . . . . . . . . . . . . .

$25.00

(2) Vessels 16 to 26 feet in length.. . . . . . . . . . . . . . . . . . . .

60.00

(3) Vessels 26 to 40 feet in length.. . . . . . . . . . . . . . . . . . . .

130.00

(4) Vessels 40 feet in length or longer. . . . . . . . . . . . . . . . .

200.00

After July 1, 2017, the General Assembly shall not increase the cost of any fee provided

for in this subsection by more than 20 percent.

(e)(1) Registration for vessels shall expire on the last day of the month of the owner's

birth in the last year of the registration period and shall thereafter be of no force or effect unless renewed pursuant to this article; provided, however, that the registration for

vessels not owned by individuals shall expire on December 31 of the last year of the registration period. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of such certificates. (2) Registrations may be renewed any time after October 1 prior to the year of

expiration. If the certificate of number is allowed to expire, a renewal application may still be filed with the department so long as the applicant pays the registration fee

prescribed in subsection (d) of this Code section along with a $10.00 late fee.

(3) Any application which, due to failure of the applicant to provide additional

information required by the department, remains incomplete 60 days after initial receipt

of such application shall expire, and a new application and registration fee shall be

required."

"(j) The owner shall furnish the department notice of the transfer of all or of any part of his

or her interest, other than the creation of a security interest, in a vessel numbered in this

state pursuant to this Code section, the theft or recovery of the vessel, or the destruction or

abandonment of the vessel within 15 days thereof, in a manner specified by the

department."

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SECTION 20. This Act shall become effective on July 1, 2017, and shall apply to all offenses occurring on or after such date.

SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

Approved April 25, 2017.

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REVENUE AND TAXATION REVISE PROVISIONS FOR CREDIT FOR ESTABLISHING OR RELOCATING QUALITY JOBS; SALES AND USE
TAX EXEMPTION FOR TANGIBLE PERSONAL PROPERTY USED IN RENOVATION OR EXPANSION OF CERTAIN THEATERS; SALES AND USE TAX EXEMPTION FOR SALES OF TICKETS, FEES, OR CHARGES OF ADMISSION TO CERTAIN FACILITIES PROVIDING ARTS AND EDUCATION PROGRAMMING.

No. 23 (House Bill No. 265).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income tax, so as to revise the provisions relating to the credit for establishing or relocating quality jobs; 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 a state and local sales tax exemption for sales of tangible personal property used for or in the renovation or expansion of certain theaters; to provide a state sales tax exemption for sales of tickets, fees, or charges of admission to certain facilities that provide certain arts and education programming; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income tax, is amended by revising

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subsection (a) of Code Section 48-7-40.17, relating to an income tax credit for establishing or relocating quality jobs, as follows:
"48-7-40.17. (a) As used in this Code section, the term:
(1) 'Average wage' means the average wage of the county in which a new quality job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'New quality job' means employment for an individual which:
(A) Is located in this state; (B) Has a regular work week of 30 hours or more; (C) Is not a job that is or was already located in Georgia regardless of which taxpayer the individual performed services for; and (D) Pays at or above 110 percent of the average wage of the county in which it is located. (3) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and any personal property to be used in the facility or facilities. Any lease for a period of three years or longer of any real or personal property used in a new or expanded facility or facilities which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (4) 'Qualified investment property requirement' means the requirement that a minimum of $2.5 million in qualified investment property will have been purchased or acquired by the taxpayer to be used with respect to a qualified project. Such qualified investment property must be placed in service by the end of the two-year period specified in subsection (b) of this Code section. (5) 'Qualified project' means a project which meets the qualified investment property requirement and which involves the lease or construction of one or more new facilities in this state or the expansion of one or more existing facilities in this state. For purposes of this paragraph, the term 'facilities' means all facilities comprising a single project, including noncontiguous parcels of land, improvements to such land, buildings, building improvements, and any personal property that is used in the facility or facilities. (6) '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. (b) A taxpayer establishing new quality jobs in this state or relocating quality jobs into this state which elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such

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jobs and investments created by, arising from, related to, or connected in any way with the same project and, within one year of the first date on which the taxpayer pursuant to the provisions of Code Section 48-7-101 withholds wages for employees in this state and employs at least 50 persons in new quality jobs in this state, shall be allowed a credit for taxes imposed under this article; except that if the first date on which the taxpayer, pursuant to the provisions of Code Section 48-7-101, withholds wages for employees in this state occurs in a taxable year beginning on or after January 1, 2017, the taxpayer has two years to employ at least 50 persons in new quality jobs in this state:
(1) Equal to $2,500.00 annually per eligible new quality job where the job pays 110 percent or more but less than 120 percent of the average wage of the county in which the new quality job is located; (2) Equal to $3,000.00 annually per eligible new quality job where the job pays 120 percent or more but less than 150 percent of the average wage of the county in which the new quality job is located; (3) Equal to $4,000.00 annually per eligible new quality job where the job pays 150 percent or more but less than 175 percent of the average wage of the county in which the new quality job is located; (4) Equal to $4,500.00 annually per eligible new quality job where the job pays 175 percent or more but less than 200 percent of the average wage of the county in which the new quality job is located; and (5) Equal to $5,000.00 annually per eligible new quality job where the job pays 200 percent or more of the average wage of the county in which the new quality job is located; provided, however, that where the amount of such credit exceeds a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year the credit amounts in paragraphs (1) through (5) of this subsection for each new quality job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. For each new quality job created, the credit established by this subsection may be taken for the first taxable year in which the new quality job is created and for the four immediately succeeding taxable years; provided, however, that such new quality jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new quality jobs required. Any credit received for years prior to the year in which the net

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employment increase falls below the 50 new quality jobs required shall not be affected except as provided in subsection(g) of this Code section. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new quality jobs required. (c) Only a taxpayer that completes the creation of a qualified project in a taxable year beginning on or after January 1, 2017, shall be eligible to begin a subsequent seven-year job creation period for the qualified project, provided that the taxpayer creates 50 or more new quality jobs, at the site or sites of a qualified project or the facility or facilities resulting therefrom, above its single previous high yearly average number of new quality jobs during any prior seven-year job creation period. A subsequent seven-year job creation period is subject to all the requirements of this Code section. A taxpayer must notify the commissioner of their intent to begin a subsequent seven-year job creation period. The commissioner shall provide by regulation the time in which such notification shall occur. New quality jobs generated under previous seven-year job creation periods shall continue to be eligible for the credit as provided by this Code section. No new quality jobs may be generated under previous periods of eligibility after a subsequent period of eligibility has begun. New quality jobs created in a subsequent seven-year job creation period shall not be counted as additional new quality jobs under a previous seven-year job creation period; instead those new quality jobs shall count toward the subsequent period. For purposes of determining the number of new quality jobs in a particular year that are attributable to each seven-year job creation period, the taxpayer shall begin with the first seven-year job creation period and then attribute the remainder to each subsequent seven-year job creation period from the oldest to the newest. Such attributions shall be made up to the single high yearly average number of new quality jobs for each seven-year job creation period. A taxpayer may create more than one subsequent seven-year job creation period. If at the time a taxpayer begins a subsequent seven-year job creation period, the taxpayer had a year or years in the prior seven-year job creation period where the number of new quality jobs were below the single high yearly average number of new quality jobs, the taxpayer shall be allowed to make an irrevocable election to use the average number of new quality jobs for the completed years in the prior seven-year job creation period instead of the single high yearly average number of new quality jobs for all purposes of this subsection. If such election is made, the number of new quality jobs in the years subsequent to the completed years for the prior seven-year job creation period shall be deemed to not exceed the average number of new quality jobs for the completed years in the prior seven-year job creation period. New quality jobs over such average number shall be attributed to the subsequent seven-year job creation period as provided in this subsection. (d) The number of new quality jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of new quality jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year.

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(e) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the new quality jobs were established. (f) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (g) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2012, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim. (h) The state revenue commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

SECTION 2. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by deleting "or" at the end of paragraph (97), by deleting the period and adding a semicolon at the end of paragraph (98), and by adding new paragraphs to read as follows:
"(99)(A) The sale or use of tangible personal property used for or in the renovation or expansion of a theater located within a facility in this state that contains an art museum, symphonic hall, and theater that charges for admission and is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, if such organization's primary mission is to provide arts and education programming for the benefit of the citizens of this state, to the extent provided in subparagraphs (B) and (C) of this paragraph. (B) This exemption shall apply from July 1, 2017, until January 1, 2019, and until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $750,000.00. A qualifying organization must pay sales and use tax on all purchases and uses of tangible personal property and may obtain the benefit of this exemption from state sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest. (C) This exemption shall apply from July 1, 2017, until January 1, 2019, to any local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Article 2, 2A, 3, 4, or 5 of this chapter. (D) Notwithstanding any provision of Code Section 48-8-63 to the contrary, purchases by a contractor may qualify for the exemption provided for in this paragraph. However,

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when a contractor purchases qualifying tangible personal property, the contractor shall pay the tax at the time of purchase or at the time of first use in this state; and the ultimate owner of the property may file a claim for refund of the tax paid on the qualifying property. (E) Items qualifying for exemption include all tangible personal property that will remain at the theater after completion of construction and all tangible personal property that becomes incorporated into the real property structures of the theater. The exemption excludes all items that remain tangible personal property in the possession of a contractor after the completion of construction; or (100)(A) Sales of tickets, fees, or charges for admission to a fine arts performance or exhibition conducted within a facility in this state that is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or a museum of cultural significance, if such organization's or museum's primary mission is to advance the arts in this state and to provide arts, educational, and culturally significant programming and exhibits for the benefit and enrichment of the citizens of this state. (B) As used in this paragraph, the term 'fine arts' means music performed by a symphony orchestra, poetry, photography, ballet, dance, opera, theater, dramatic arts, painting, sculpture, ceramics, drawing, watercolor, graphics, printmaking, and architecture, (C) This paragraph shall be automatically repealed on July 1, 2020."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2017.

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

Approved April 25, 2017.

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LOCAL GOVERNMENT URBAN REDEVELOPMENT ZONES; ALLOW FOR DESIGNATION AS ENTERPRISE ZONES.

No. 24 (House Bill No. 342).

AN ACT

To amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, so as to provide that certain urban redevelopment zones may be designated as enterprise zones; to provide for certain tax exemptions in such enterprise zones; to provide for issuance of revenue bonds; to provide for procedures, conditions, and limitations; 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 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, is amended by adding a new paragraph to Code Section 36-88-3, relating to definitions relative to enterprise zones, as follows:
"(8.1) 'Sales and use tax' means sales and use taxes applicable to sales transactions within the boundaries of an area designated as an enterprise zone pursuant to subsection (g) of Code Section 36-88-6, not to include:
(A) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (B) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; or (C) Any tax levied for purposes of water and sewer projects pursuant to Article 4 or 5A of Chapter 8 of Title 48."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 36-88-4, relating to available incentives, qualifying businesses, and exemptions, as follows:
"(a) The following incentives are available to qualifying business and service enterprises to encourage revitalization within enterprise zones:
(1) The enterprise zone property tax exemption provided in Code Section 36-88-8; (2) The occupational tax, regulatory fee, and business inspection fee abatement or reduction provided in Code Section 36-88-9; and

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(3) For enterprise zones created pursuant to subsection (g) of Code Section 36-88-6, the sales and use tax exemption provided in such subsection pursuant to the authority granted by Article IX, Section II, Paragraph VII(c) of the Constitution of Georgia."

SECTION 3. Said chapter is further amended by revising subsection (a) and adding a new subsection to Code Section 36-88-6, relating to criteria for enterprise zone, as follows:
"(a) In order to be designated as an enterprise zone, a nominated area shall meet at least three of the five criteria specified in subsections (b), (c), (d), (e), and (f), or the criteria specified in subsection (g) of this Code section. In determining whether an area suffers from poverty, unemployment, or general distress, the governing body shall use data from the most current United States decennial census and from other information published by the United States Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in subsection (e) of this Code section. The data shall be comparable in point or period of time and methodology employed."
"(g)(1) A nominated area under this subsection shall: (A) Be included in an urban redevelopment area as defined by paragraph (23) of Code Section 36-61-2; and (B) Contain within its borders the site for a redevelopment project having a minimum of $400 million in capital investment for the redevelopment of an area certified by the commissioner to have been chronically underdeveloped for a period of 20 years or more.
(2) Any nominated area meeting the criteria in paragraph (1) of this subsection may be designated as an enterprise zone. Any redevelopment project used to qualify an area for designation as an enterprise zone under this subsection shall, upon approval of such designation, qualify for an exemption of any sales and use tax levied within the boundaries of such project. (3) Any variation in the sales price of goods and services within any redevelopment project used to qualify an area for designation as an enterprise zone under this subsection attributable to lease arrangements between a retailer and the owner of the project shall be a permitted practice under Parts 1 and 2 of Article 15 of Chapter 1 of Title 10. (4) By resolution or ordinance, the local governing body designating and creating an enterprise zone under this subsection may assess and collect annual enterprise zone infrastructure fees from each retailer operating within the boundaries of the project in an amount not to exceed, in aggregate, the amount of sales and use tax on transactions of such retailer exempted under paragraph (2) of this subsection, which fees may be pledged by such local governing body, directly or indirectly, as security for revenue bonds issued for development or infrastructure within the enterprise zone. (5) This subsection shall not apply to projects involving or related to casino gambling."

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SECTION 4. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 36-88-8, relating to tax exemptions for enterprise zones, as follows:
"(a)(1) The governing body of a local government or governments creating an enterprise zone other than an enterprise zone under subsection (g) of Code Section 36-88-6, shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises not to exceed the following schedule:
(A) One hundred percent of the property taxes shall be exempt for the first five years; (B) Eighty percent of the property taxes shall be exempt for the next two years; (C) Sixty percent of the property taxes shall be exempt for the next year; (D) Forty percent of the property taxes shall be exempt for the next year; and (E) Twenty percent of the property taxes shall be exempt for the tenth year."

SECTION 5. Said chapter is further amended by revising Code Section 36-88-10, relating to time limitations on enterprise zone, as follows:
"36-88-10. An area designated as an enterprise zone shall remain in existence for ten years from the first day of the calendar year immediately following its designation as an enterprise zone; provided, however, that an area designated as an enterprise zone under subsection (g) of Code Section 36-88-6 shall remain in existence for 30 years from such day or until the redevelopment project required in subparagraph (g)(1)(B) of Code Section 36-88-6 is complete and any revenue bonds issued under paragraph (4) of subsection (g) of Code Section 36-88-6 are retired, whichever first occurs. Municipal and county governments may enter into agreements with qualifying business or service enterprises in designated enterprise zones to provide for modification or termination of the tax and fee exemptions and abatements. Property tax incentives available to a qualified business or service enterprise in an enterprise zone shall remain in effect for the full ten-year period established by Code Section 36-88-8, regardless of the termination of the designation of the enterprise zone."

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

Approved April 25, 2017.

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REVENUE AND TAXATION CRITERIA FOR DETERMINING FAIR MARKET VALUE OF REAL PROPERTY; INDIRECT OWNERSHIP OF HOMES FOR MENTALLY DISABLED PERSONS BY CERTAIN BUSINESS CORPORATIONS FOR FINANCING PURPOSES; REFUNDS OF CERTAIN TAXES PAID BY DISABLED VETERANS; REFERENDUM.

No. 25 (House Bill No. 196).

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 the criteria used by tax assessors to determine the fair market value of real property; to allow certain business corporations to participate in the indirect ownership of a home for the mentally disabled for financing purposes; to provide for procedures, conditions, and limitations; to provide that certain disabled veterans shall be issued refunds of certain ad valorem taxes paid during certain periods of time when such disabled veterans receive final determinations of disability containing retroactive periods of eligibility; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising paragraph (3) of Code Section 48-5-2, relating to definitions, as follows:
"(3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. The income approach, if data is available, shall be utilized in determining the fair market value of income-producing property, and, if actual income and expense data are voluntarily supplied by the property owner, such data shall be considered in such determination. Notwithstanding any other provision of this chapter to the contrary, the transaction amount of the most recent arm's length, bona fide sale in any year shall be the maximum allowable fair market value for the next taxable year. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available, including, but not

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limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information.
(A) In determining the fair market value of a going business where its continued operation is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business as a whole where appropriate to reflect the accurate fair market value. (B) The tax assessor shall apply the following criteria in determining the fair market value of real property:
(i) Existing zoning of property; (ii) Existing use of property, including any restrictions or limitations on the use of property resulting from state or federal law or rules or regulations adopted pursuant to the authority of state or federal law; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; (iv) Bank sales, other financial institution owned sales, or distressed sales, or any combination thereof, of comparable real property; (v) Decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement; (vi) Rent limitations, higher operating costs resulting from regulatory requirements imposed on the property, and any other restrictions imposed upon the property in connection with the property being eligible for any income tax credits with respect to real property which are claimed and granted pursuant to either Section 42 of the Internal Revenue Code of 1986, as amended, or Chapter 7 of this title or receiving any other state or federal subsidies provided with respect to the use of the property as residential rental property; provided, however, that properties described in this division shall not be considered comparable real property for the assessment or appeal of assessment of properties not covered by this division;
(vii)(I) In establishing the value of any property subject to rent restrictions under the sales comparison approach, any income tax credits described in division (vi) of this subparagraph that are attributable to a property may be considered in determining the fair market value of the property provided that the tax assessor uses comparable sales of property which, at the time of the comparable sale, had unused income tax credits that were transferred in an arm's length bona fide sale. (II) In establishing the value of any property subject to rent restrictions under the income approach, any income tax credits described in division (vi) of this subparagraph that are attributable to property may be considered in determining the fair market value of the property provided that such income tax credits generate actual income to the record holder of title to the property; and (viii) Any other existing factors provided by law or by rule and regulation of the commissioner deemed pertinent in arriving at fair market value."

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SECTION 2. Said chapter is further amended by revising paragraph (13) of subsection (a) of Code Section 48-5-41, relating to property exempt from taxation, as follows:
"(13)(A) All property of any nonprofit home for the mentally disabled used in connection with its operation when the home for the mentally disabled has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations. (B) Property exempted by this paragraph shall not include property of a home for the mentally disabled held primarily for investment purposes or used for purposes unrelated to the providing of residential or health care to the mentally disabled. (C) For purposes of this paragraph, indirect ownership of such home for the mentally disabled through a limited liability company that is fully owned by such exempt organization shall be considered direct ownership. (D) For purposes of this paragraph, the participation of a business corporation or other entity or person in the indirect ownership of such home for the mentally disabled, as a member of the limited liability company or limited partner of the partnership that is the direct owner of such home, for the purpose of providing financing for the construction or renovation of such home in return for a share of any tax credits pursuant to United States Internal Revenue Code of 1986, Section 42, as amended, and which relinquishes all ownership of such home upon the completion of its obligation under the financing agreement, shall not operate to disqualify such home for the exemption under this paragraph;"

SECTION 3. Said chapter is further amended in Code Section 48-5-48, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, by adding a new subsection to read as follows:
"(g)(1) If a disabled veteran receives a final determination of disability from the United States Department of Veterans Affairs containing a retroactive period of eligibility, such disabled veteran or his or her surviving unremarried spouse or minor children shall be entitled to a refund of the ad valorem taxes paid during such period that he or she or his or her surviving unremarried spouse or minor children would have otherwise been exempt from such taxes pursuant to this Code section, provided that the refund shall only be for the three tax years preceding his or her or his or her surviving unremarried spouse's or minor children's application for the homestead exemption permitted by this Code section. (2) Upon application for the homestead exemption provided by this Code section and submittal of proper documentation, each county and municipality shall consider the taxes

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paid by such disabled veteran or his or her surviving unremarried spouse or minor children under the circumstances provided in paragraph (1) of this subsection to be voluntarily or involuntarily overpaid and shall refund such taxes to such disabled veteran or his or her surviving unremarried spouse or minor children in accordance with Code Section 48-5-380. (3) Upon final determination and approval of a period of prior eligibility, the county board of assessors shall immediately transmit such approval to the local tax commissioner and local municipal tax officer if applicable. The tax commissioner and municipal tax officer shall be authorized to refund the proportionate amount of taxes from the entities for whom the taxes were collected for the tax years approved for the exemption. Such refund shall not exceed three tax years and shall not include interest."

SECTION 4. The Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting Section 2 of this Act to the electors of the entire state for approval or rejection. The Secretary of State shall conduct such election on the Tuesday next following the first Monday in November, 2018, and shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides an exemption from ad valorem ( ) NO taxes on nonprofit homes for the mentally disabled if they include business
corporations in the ownership structure for financing purposes?"
All persons desiring to vote for approval of Section 2 of this Act shall vote "Yes," and all persons desiring to vote for rejection of Section 2 of this Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 2 of this Act shall become of full force and effect on January 1, 2019, and shall be applicable to all tax years beginning on or after such date. If Section 2 of this Act is not so approved or if the election is not conducted as provided in this section, Section 2 of this Act shall not become effective, and Section 2 of this Act shall be automatically repealed on the first day of January immediately following that election date. It shall be the duty of each county election superintendent to certify the result thereof to the Secretary of State.

SECTION 5. Except as otherwise provided in Section 4 of this Act, this Act shall become effective on July 1, 2017.

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

Approved April 25, 2017.

__________

REVENUE AND TAXATION INCOME TAXES; TAX CREDIT FOR INTERACTIVE ENTERTAINMENT COMPANIES AND POSTPRODUCTION COMPANIES.

No. 26 (House Bill No. 199).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income taxes, so as to change certain provisions regarding the income tax credit for interactive entertainment companies; to remove the sunset on such exemptions; to add an exemption for certain prereleased products; to provide for a new state income tax credit for qualified postproduction expenditures of postproduction companies; to provide for procedures, conditions, and limitations; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income taxes, is amended by revising Code Section 48-7-40.26, relating to the income tax credit for film, video, or digital production in this state, as follows:
"48-7-40.26. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Investment Act.' (b) As used in this Code section, the term:
(1) 'Affiliates' means those entities that are included in the production company's or qualified interactive entertainment production company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group.

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(2) 'Base investment' means the aggregate funds actually invested and expended by a production company or qualified interactive entertainment production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Game platform' means the electronic delivery system used to launch or play an interactive game. (4) 'Game sequel' means an interactive game which builds upon the theme of a previously released interactive game, is distinguished by a new title, and features objectives or characters that are recognizably different from the original game. (5) 'Multimarket commercial distribution' means paid commercial distribution with media buys which extend to markets outside the State of Georgia. (6) 'Prereleased interactive game' means a new game, the offering of an existing game on a new game platform, or a game sequel that is in the developmental stages of production, which may be available to individuals for testing purposes but is not generally made available or distributed to consumers or to the general public. (7) 'Production company' means a company, other than a qualified interactive entertainment production company, primarily engaged in qualified production activities which have been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (8) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, expenditures excluding license fees incurred with Georgia companies for sound recordings and musical compositions, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia travel agency or travel company; insurance costs and bonding, if purchased through a Georgia insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. This term shall not include postproduction expenditures for footage shot outside the State of Georgia, marketing, story rights, or distribution, but shall not affect other qualified story rights. This term includes payments to a loan-out company by a production company or qualified interactive entertainment production company that has met its withholding tax obligations as set out below. The production company or qualified interactive entertainment production company shall withhold Georgia income tax at the rate of 6 percent on all payments to loan-out companies for services performed in Georgia. Any

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amounts so withheld shall be deemed to have been withheld by the loan-out company on wages paid to its employees for services performed in Georgia pursuant to Article 5 of this chapter notwithstanding the exclusion provided in subparagraph (K) of paragraph (10) of Code Section 48-7-100. The amounts so withheld shall be allocated to the loan-out company's employees based on the payments made to the loan-out company's employees for services performed in Georgia. For purposes of this chapter, loan-out company nonresident employees performing services in Georgia shall be considered taxable nonresidents and the loan-out company shall be subject to income taxation in the taxable year in which the loan-out company's employees perform services in Georgia, notwithstanding any other provisions in this chapter. Such withholding liability shall be subject to penalties and interest in the same manner as the employee withholding taxes imposed by Article 5 of this chapter and the commissioner shall provide by regulation the manner in which such liability shall be assessed and collected. (9) 'Qualified Georgia promotion' means a qualified promotion of this state approved by the Department of Economic Development consisting of a:
(A) Qualified movie production which includes a five-second long static or animated logo that promotes Georgia in the end credits before the below-the-line crew crawl for the life of the project and which includes a link to Georgia on the project's web page; (B) Qualified TV production which includes an embedded five-second long Georgia promotion during each broadcast worldwide for the life of the project and which includes a link to Georgia on the project's web page; (C) Qualified music video which includes the Georgia logo at the end of each video and within online promotions; or (D) Qualified interactive game which includes a 15 second long Georgia advertisement in units sold and embedded in online promotions. (10) 'Qualified interactive entertainment production company' means a company that: (A) Maintains a business location physically located in Georgia;
(B)(i) Through December 31, 2017, in the calendar year directly preceding the start of the taxable year of the qualified interactive entertainment production company, had a total aggregate payroll of $500,000.00 or more for employees working within the state; or (ii) On or after January 1, 2018, had a total aggregate payroll of $250,000.00 or more for employees working within the state in the taxable year the qualified interactive entertainment production company claims the tax credits; (C) Has gross income less than $100 million for the taxable year; and (D) Is primarily engaged in qualified production activities related to interactive entertainment which have been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state.

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(11) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, including only the following: feature films, series, pilots, movies for television, televised commercial advertisements, music videos, interactive entertainment, prereleased interactive games, or sound recording projects used in feature films, series, pilots, or movies for television. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, video on demand, direct to DVD, digital platforms designed for the distribution of interactive games, licensing for exhibition by individual television stations, groups of stations, networks, advertiser supported sites, cable television stations, or public broadcasting stations. Such term shall not include the coverage of news and athletic events, local interest programming, instructional videos, corporate videos, or projects not shot, recorded, or originally created in Georgia. (12) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (13) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in accordance with regulations promulgated pursuant to this Code section. In the instance of a 'work for hire' in which one production company or qualified interactive entertainment production company hires another production company or qualified interactive entertainment production company to produce a project or contribute elements of a project for pay, the hired company shall be considered a service provider for the hiring company, and the hiring company shall be entitled to the film tax credit. (14) 'Total aggregate payroll' means the total sum expended by a production company or qualified interactive entertainment production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph:
(A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any production company or qualified interactive entertainment production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. The tax credit

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under this subsection shall be allowed if the base investment in this state equals or exceeds $500,000.00 for qualified production activities, except that any qualified interactive entertainment production company shall be allowed the tax credit under this subsection if the base investment in this state equals or exceeds $250,000.00 for qualified production activities on or after January 1, 2018, and shall be calculated as follows:
(1) The production company or qualified interactive entertainment production company shall be allowed a tax credit equal to 20 percent of the base investment in this state; and
(2)(A) The production company or qualified interactive entertainment production company shall be allowed an additional tax credit equal to 10 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. Such additional tax credit shall be allowed for any qualified production that includes a qualified Georgia promotion upon its release to the general public. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer alternative marketing opportunities to be evaluated by the Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to:
(i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities; (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development and Tourism Committee, the House Committee on Economic Development and Tourism, and the Governor. (d) For any production company or qualified interactive entertainment production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of

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the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows:
(1) If the excess base investment in this state equals or exceeds $500,000.00, or $250,000.00 for qualified interactive entertainment production activities on or after January 1, 2018, the production company or qualified interactive entertainment production company and its affiliates shall be allowed a tax credit of 20 percent of such excess base investment; and
(2)(A) The production company or qualified interactive entertainment production company and its affiliates shall be allowed an additional tax credit equal to 10 percent of the excess base investment if the qualified production activities include a qualified Georgia promotion. Such additional tax credit shall be allowed for any qualified production that includes a qualified Georgia promotion upon its release to the general public. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer marketing opportunities to be evaluated by the Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to:
(i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities; (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development and Tourism Committee, the House Committee on Economic Development and Tourism, and the Governor. (e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates exceed $25 million for taxable years beginning on or after January 1, 2013, and before January 1, 2014. The maximum credit for any qualified interactive entertainment production company and its affiliates shall be $5 million for such taxable year. When the $25 million cap is reached, the tax credit for qualified interactive entertainment production companies shall expire for such taxable years.

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(2) For taxable years beginning on or after January 1, 2014, and before January 1, 2015, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million. (3) For taxable years beginning on or after January 1, 2015, and before January 1, 2016, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million. (4) For taxable years beginning on or after January 1, 2016, and before January 1, 2018, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million for each taxable year.
(5)(A) For taxable years beginning on or after January 1, 2018, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million for each taxable year. (B) Beginning on or after January 1, 2018, qualified interactive entertainment production companies are eligible for tax credits for prereleased interactive game production; provided, however, that such credits shall not be available for a period which exceeds three years. (6) The maximum allowable credit claimed for any qualified interactive entertainment production company and its affiliates shall not exceed $1.5 million in any single year. (7) Qualified interactive entertainment production companies seeking to claim a tax credit under the provisions of this Code section shall submit an application to the commissioner for preapproval of such tax credit. The commissioner shall be authorized to promulgate any rules and regulations and forms necessary to implement and administer the provisions of this Code section. The commissioner shall preapprove the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. (8) No qualified interactive entertainment production company shall be allowed to claim an amount of tax credits under this Code section for any single year in excess of its total aggregate payroll expended to employees working within this state for the calendar year that the qualified interactive entertainment production company claims the tax credits. Any amount in excess of such limit shall not be eligible for carry forward to the succeeding years' tax liability, nor shall such excess amount be eligible for use against the qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103, nor shall such excess amount be assigned, sold, or transferred to any other taxpayer. (9) Before the Department of Economic Development issues its approval to the qualified interactive entertainment production company for the qualified production activities

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related to interactive entertainment, the qualified interactive entertainment production company must certify to the department that:
(A) The qualified interactive entertainment production company maintains a business location physically located in this state; and (B) The qualified interactive entertainment production company had expended a total aggregate payroll of $500,000.00 or more, or $250,000.00 or more on or after January 1, 2018, for employees working within this state during the taxable year of the qualified interactive entertainment production company. The department shall issue a certification that the qualified interactive entertainment production company meets the requirements of this paragraph; provided, however, that the department shall not issue any certifications before July 1, 2014. The qualified interactive entertainment production company shall provide such certification to the Department of Economic Development. The Department of Economic Development shall not issue its approval until it receives such certification. (10)(A) For taxable years beginning on or after January 1, 2016, the qualified interactive entertainment production company shall report to the Department of Revenue on its Georgia income tax return the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year as provided in subparagraphs (B) and (C) of this paragraph. For purposes of this paragraph, a full-time employee shall mean a person who performs a job that 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. (B) For taxable years beginning on or after January 1, 2016, and before January 1, 2017, the qualified interactive entertainment production company shall report such number for such taxable year and separately for each of the prior two taxable years. (C) For taxable years beginning on or after January 1, 2017, the qualified interactive entertainment production company shall report such number for each respective taxable year. (D) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, for such taxable years, the commissioner shall report yearly to the House Committee on Ways and Means and the Senate Finance Committee. The report shall include the name, tax year beginning, and monthly average number of full-time employees for each qualified interactive entertainment production company. The first report shall be submitted by June 30, 2016, and each year thereafter by June 30. (f)(1) Where the amount of such credit or credits exceeds the production company's or qualified interactive entertainment production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such production company's or qualified interactive entertainment production company's quarterly or monthly payment

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under Code Section 48-7-103. Each employee whose employer receives credit against such production company's or qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the production company or qualified interactive entertainment production company. (2) If a production company and its affiliates, or a qualified interactive entertainment production company and its affiliates, claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the production company and its affiliates, or the qualified interactive entertainment production company and its affiliates, will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company and its affiliates, or the qualified interactive entertainment production company and its affiliates, on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18. (g) Any tax credits with respect to a state certified production earned by a production company or qualified interactive entertainment production company and previously claimed but not used by such production company or qualified interactive entertainment production company against its income tax may be transferred or sold in whole or in part by such production company or qualified interactive entertainment production company to another Georgia taxpayer, subject to the following conditions: (1) Such production company or qualified interactive entertainment production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such production company or qualified interactive entertainment production company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such production company's or qualified interactive entertainment production company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the production company or qualified interactive entertainment production company is in full compliance;

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(4) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for a tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company or qualified interactive entertainment production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (f) of this Code section. To the extent that such production company or qualified interactive entertainment production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such production company or qualified interactive entertainment production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (h) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the production company or qualified interactive entertainment production company has met the investment requirement. For each year in which such production company or qualified interactive entertainment production company either claims or transfers the credit, the production company or qualified interactive entertainment production company shall attach a schedule to the production company's or qualified interactive entertainment production company's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company or qualified interactive entertainment production company against Georgia income tax liabilities or the production company's or qualified interactive entertainment production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company or qualified interactive entertainment production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company or qualified interactive entertainment production company claims the credit granted in this Code section, the production company or qualified interactive entertainment production company shall include in the description of the qualified production activities required by subparagraph

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(A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000.00 during such year, or $250,000.00 on or after January 1, 2018, for qualified interactive entertainment production companies; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's or qualified interactive entertainment production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company or qualified interactive entertainment production company against prior years' tax liability. (i) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (j) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section. (k) Any production company or qualified interactive entertainment production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"48-7-40.26A. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Postproduction Investment Act.' (b) As used in this Code section, the term:
(1) 'Affiliates' means those entities that are included in the postproduction company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Multimarket commercial distribution' means paid commercial distribution media buys which extend to markets outside the State of Georgia. (3) 'Postproduction company' means a company that:
(A) Maintains a business location physically located in this state; (B) Has a total aggregate payroll of $250,000.00 or more for employees working within the state in the taxable year the postproduction company claims the tax credits; (C) Is engaged in qualified postproduction activities; and (D) Has been approved by the Department of Revenue. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation

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of the state, or a loan made by the state or a loan guaranteed by the state. In the instance of a 'work for hire' in which one postproduction company hires another postproduction company to engage in qualified postproduction activities for pay, the hired company shall be considered a service provider for the hiring company and the hiring company shall be entitled to the postproduction tax credit only if the Department of Revenue certifies that the hired company is a Georgia company employing workers in this state and that the work is done solely in this state. (4) 'Qualified postproduction activities' means the activities performed on a qualified production employing traditional, emerging, and new workflow techniques used in postproduction for picture, sound, and music editing, rerecording and mixing, visual effects, graphic design, original scoring, animation, musical composition, and other activities performed after initial production and including activities performed on previously produced and edited content. (5) 'Qualified postproduction expenditures' means expenditures incurred in this state directly in qualified postproduction activities, including without limitation the following:
(A) Costs associated with photography and sound synchronization; (B) Expenditures, excluding license fees, incurred with Georgia companies for sound recordings and musical compositions, lighting, and related services and materials; (C) Editing and related services; (D) Rental of facilities and equipment; (E) Leasing of vehicles; (F) Costs of food and lodging; (G) Digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; (H) Total aggregate payroll; (I) Airfare, if purchased through a Georgia travel agency or travel company; (J) Insurance costs and bonding, if purchased through a Georgia insurance agency; and (K) Other direct postproduction costs for the project in accordance with generally accepted entertainment industry practices. This term includes expenditures incurred in this state for footage shot inside or outside this state. (6) 'Qualified production' means a film, video, or digital project, including only the following: feature films, series, pilots, movies for television, televised commercial advertisements, music videos, interactive entertainment, or sound recording projects used in feature films, series, pilots, or movies for television. This term shall include projects shot, recorded, or originally created in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, video on demand, direct to DVD, digital platforms designed for the distribution

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of interactive games, licensing for exhibition by individual television stations, groups of stations, networks, advertiser supported sites, cable television stations, or public broadcasting stations. Such term shall not include the coverage of news and athletic events, local interest programming, instructional videos, and corporate videos. (7) 'Total aggregate payroll' means the total sum expended by a postproduction company on salaries paid to employees working within this state on qualified postproduction activities. (c)(1) A postproduction company that has incurred qualified postproduction expenditures of at least $500,000.00 in a taxable year shall be allowed a tax credit against the tax imposed by this article, subject to the conditions and limitations set forth in this Code section.
(2)(A) The tax credit allowed shall be equal to 20 percent of the qualified postproduction expenditures actually invested and expended by the postproduction company in a taxable year. (B) An additional tax credit equal to 10 percent of the qualified postproduction expenditures shall be allowed if the qualified production expenditures, as defined in Code Section 48-7-40.26, were incurred in this state. (C) An additional tax credit equal to 5 percent of the qualified production expenditures shall be allowed if the qualified production expenditures were incurred in a tier 1 or tier 2 county as designated by the commissioner of community affairs pursuant to Code Section 48-7-40. (3) The amount of tax credits allowed to a postproduction company under this Code section for any single taxable year shall not exceed the postproduction company's total
aggregate payroll expended to employees working within this state for the taxable year the postproduction company claims the tax credit. (c.1)(1) A postproduction company that has incurred qualified postproduction expenditures of at least $100,000.00 but less than $500,000.00 and has a total aggregate payroll in this state of at least $100,000.00 but less than $500,000.00 in a taxable year shall be allowed a tax credit against the tax imposed by this article, subject to the additional limitations set forth in this subsection. (2) The tax credit allowed shall be equal to 20 percent of the qualified postproduction expenditures actually invested and expended by the postproduction company in a taxable year. (3) The aggregate amount of tax credits allowed under this subsection for smaller postproduction companies shall not exceed $1 million per taxable year. This $1 million aggregate amount of tax credits is separate from, and shall not be included in, the aggregate amount of tax credits under subsection (d) of this Code section. (d) The tax credits allowed under this Code section for all postproduction companies shall be subject to the following aggregate annual caps:

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(1) For taxable years beginning on or after January 1, 2018, and before January 1, 2019, the aggregate amount of tax credits allowed under this Code section shall not exceed $10 million; (2) For taxable years beginning on or after January 1, 2019, and before January 1, 2020, the aggregate amount of tax credits allowed under this Code section shall not exceed $10 million; (3) For taxable years beginning on or after January 1, 2020, and before January 1, 2023, the aggregate amount of tax credits allowed under this Code section shall not exceed $10 million per year; (4) The tax credits allowed under this Code section shall not be available for taxable years beginning on or after January 1, 2023; and (5) If the aggregate amount of tax credits claimed by taxpayers under this Code section during a year is less than the aggregate annual cap applicable to such year, the unclaimed portion of the aggregate annual cap shall be added to the aggregate annual cap applicable to the next succeeding year or years until it is fully claimed. (e)(1) The maximum allowable tax credit under this Code section claimed by a single postproduction company and its affiliates shall not exceed, in any single taxable year, 20 percent of the aggregate amount of tax credits available for such taxable year under subsection (d) of this Code section, including the amount of any aggregate annual caps rolled over from prior years. (2) Postproduction companies seeking to claim a tax credit under this Code section shall submit an application to the Department of Revenue for preapproval of such tax credit. The Department of Revenue shall preapprove the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the Department of Revenue shall prorate the available funds between or among the applicants. (f) For taxable years beginning on or after January 1, 2018, and before January 1, 2023, the postproduction company shall report to the Department of Revenue on its Georgia income tax return the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year. For purposes of this subsection, the term 'full-time employee' shall mean a person who performs a job that 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. Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, for such taxable years, the commissioner shall annually report to the House Committee on Ways and Means and the Senate Finance Committee. The report shall include the name, tax year beginning, and monthly average number of full-time employees for each postproduction company. The first report shall be submitted by June 30, 2018, and each year thereafter by June 30.

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(g)(1) Any qualified postproduction expenditures for which a production company claims a tax credit under Code Section 48-7-40.26 shall not be eligible for postproduction expenditures for purposes of the credit authorized under this Code section. (2) If a postproduction company and its affiliates claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the postproduction company and its affiliates will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the postproduction company and its affiliates on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18. (h) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the postproduction company has incurred the qualified postproduction expenditures. For each year in which such postproduction company either claims or transfers the credit, the postproduction company shall attach a schedule to the postproduction company's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified postproduction activities; (B) A certification that the postproduction company maintains a business location physically located in this state; (C) A certification that the postproduction company expended a total aggregate payroll of $250,000.00 or more for employees working within this state during the taxable year of the postproduction company; (D) In the initial year in which the postproduction company claims the credit granted in this Code section only, information demonstrating that the qualified postproduction expenditures equal or exceed $500,000.00 during such year; (E) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the qualified postproduction expenditures; (F) The amount of tax credit claimed for the taxable year; (G) Any tax credit previously taken by the postproduction company against Georgia income tax liabilities or the postproduction company's quarterly or monthly payments under Code Section 48-7-103; (H) The amount of tax credit carried over from prior years; (I) The amount of tax credit utilized by the postproduction company in the current taxable year; and (J) The amount of tax credit to be carried over to subsequent tax years. The postproduction company shall file a copy of the schedule with the Department of Economic Development within 30 days after the schedule is filed with its income tax return;

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(2) Where the amount of tax credits under this Code section exceeds the postproduction company's income tax liability in a taxable year, any unused credit amount:
(A) May be carried forward for five years from the close of the taxable year in which the investment occurred; or (B) May be taken as a credit against such postproduction company's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such postproduction company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subparagraph. 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 subparagraph shall not constitute income to the postproduction company. No such credit shall be allowed the postproduction company against prior years' tax liability; and (3) Any tax credits earned by a postproduction company under this Code section and previously claimed but not used by such postproduction company against its income tax or its monthly payment under Code Section 48-7-103 may be transferred or sold in whole or in part by such postproduction company to another Georgia taxpayer, subject to the following conditions: (A) Such postproduction company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (B) Such postproduction company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such postproduction company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (C) Failure to comply with this paragraph shall result in the disallowance of the tax credit until the postproduction company is in full compliance; (D) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for a tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; (E) A transferee shall have only such rights to claim and use the tax credit that were available to such postproduction company at the time of the transfer, except for the use of the credit in subparagraph (B) of paragraph (2) of this subsection. To the extent that such postproduction company did not have rights to claim or use the tax credit at the

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time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such postproduction company; and (F) Any postproduction company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subparagraph shall not apply to routine tax audits of a taxpayer that may include the review of the credit provided in this Code section. (i) The Department of Revenue and the Department of Economic Development shall promulgate such rules and regulations as are necessary to implement and administer this Code section."

SECTION 3. This Act shall become effective on July 1, 2017, and shall be applicable to tax years beginning on or after January 1, 2018.

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

Approved April 25, 2017.

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EDUCATION TURNAROUND ELIGIBLE SCHOOLS; PROVIDE FOR ASSISTANCE TO LOW PERFORMING SCHOOLS.

No. 27 (House Bill No. 338).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a system of supports and assistance for the lowest-performing schools identified as in the greatest need of assistance; to provide for a Chief Turnaround Officer; to provide for turnaround coaches; to provide for consultation with the State School Superintendent; to provide for a definition for "turnaround eligible schools"; to provide for the identification of the schools in the greatest need of assistance; to provide for contract amendments and interventions; to provide for third-party specialists; to provide for a comprehensive on-site evaluation and recommendations; to provide for the development of an intensive school improvement plan; to provide for supports for low-performing students; to provide for grants by the Office of Student Achievement; to provide for implementation of an intensive school improvement plan; to provide for interventions if the school does not improve; to provide for

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an Education Turnaround Advisory Council; to provide for biannual reports; to provide for the creation of the Joint Study Committee on the Establishment of a State Accreditation Process; to provide for its membership and duties; to provide for the creation of the Joint Study Committee on the Establishment of a Leadership Academy; to provide for its membership and duties; to provide for removal of members of a local board of education if one-half or more of the schools in the local school system are turnaround eligible schools for five or more consecutive years; to provide for temporary replacement members; to provide for petitions for reinstatement; to provide for a hearing; to revise provisions relating to contracts for strategic waivers school systems; to revise provisions relating to charters for charter systems; to provide for annual reports; 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:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "First Priority Act Helping Turnaround Schools Put Students First."

PART II SECTION 2-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new part to Article 2 of Chapter 14, relating to education accountability assessment programs, to read as follows:

"Part 3A

20-14-43. (a) There is created the position of Chief Turnaround Officer. The State Board of Education, after consulting with the State School Superintendent and the Education Turnaround Advisory Council and conducting a national search, shall appoint the Chief Turnaround Officer who shall serve at the pleasure of the state board. The Chief Turnaround Officer shall be an employee of the Department of Education but shall report directly to the state board. (b) The Chief Turnaround Officer shall have the following qualifications:
(1) Extensive personal experience in turning around low-performing schools, including expertise in turnaround strategies, curriculum, instruction, and teacher and principal effectiveness;

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(2) Has held the position of at least principal or a higher administrative position in a public school system for a minimum of five years with demonstrated skills in school management, budget, finance, federal and state programs, funding sources, and talent management; and (3) Such additional education, experience, and other qualifications as determined by the State Board of Education. (c) The duties of the Chief Turnaround Officer shall include, but are not limited to: (1) Managing and overseeing a system of supports and assistance for the lowest-performing schools in this state identified as in the greatest need of assistance; (2) Identifying resources, including the establishment of a resource list of evidence based strategies and integrated student services, and consulting with regional educational service agencies to determine specific expertise and resources available at each such regional educational service agency directly relating to school turnaround; (3) Annually establishing a list of third-party specialists, including auditors and consultants, to assist schools and local school systems in conducting comprehensive on-site evaluations of schools to determine the root causes of low performance and lack of progress, to assist schools and local school systems in the implementation of intensive school improvement plans, or to provide any of the necessary support services as specified in the engagement letter or contract. Such list of third-party specialists shall be established through a request for proposals process and approved by the State Board of Education. Such request for proposals shall be designed with input from the Education Turnaround Advisory Council; (4) Coordinating with the school improvement division within the Department of Education and coordinating and working with the State School Superintendent and the Office of Student Achievement to identify all state resources and supports available to the lowest-performing schools in the greatest need of assistance; (5) Identifying turnaround coaches pursuant to Code Section 20-14-44 to serve as the assigned state site liaison in the school improvement process; (6) Building school level leadership capabilities in cooperation with agencies and organizations that have experience and capacity and providing leadership development opportunities for principals and other school level leaders in turnaround eligible schools selected by the Chief Turnaround Officer; and (7) Identifying best practices for school turnaround, including identifying those practices that are not successful in improving student outcomes, and sharing such information with local school systems and schools in this state. (d) The Chief Turnaround Officer, the State School Superintendent, and the staff and all divisions of the Department of Education shall work collaboratively and shall coordinate as necessary to facilitate the implementation of this part. The Department of Education shall establish the state plan pursuant to the federal Every Student Succeeds Act in a manner that pursues and allows maximum flexibility to implement the provisions of this part.

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20-14-44. (a) The Chief Turnaround Officer, after consulting with the State School Superintendent, shall recommend individuals experienced in turning around schools that have similar needs and characteristics as those schools identified pursuant to Code Section 20-14-45, to serve as turnaround coaches, subject to approval by the state board. (b) Turnaround coaches shall assist schools that are identified as in the greatest need of assistance pursuant to Code Section 20-14-45 with ongoing assistance and input and shall serve as contract managers to ensure conformance to contract terms. Turnaround coaches shall be assigned to one or more schools which are under a contract amendment or intervention contract pursuant to Code Section 20-14-45. (c) Turnaround coaches may provide such other services and supports as determined by the Chief Turnaround Officer.

20-14-45. (a) As used in this Code section, the term 'turnaround eligible schools' means the schools that have performed in the lowest 5 percent of schools in this state identified in accordance with the statewide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act. (b) The Chief Turnaround Officer, in conjunction with the Department of Education and the Office of Student Achievement, shall annually identify the lowest-performing schools that are deemed to be in the greatest need of assistance based on a list of turnaround eligible schools prepared annually by the Office of Student Achievement. If the Chief Turnaround Officer, after consulting with Department of Education staff and the State School Superintendent, determines that the capacity and resources available to the Chief Turnaround Officer and to the Department of Education are insufficient to serve all schools on the turnaround eligible schools list, the Chief Turnaround Officer may select a subset of such schools based on the following factors:
(1) Whether the school's rating has been improving or declining over the previous three years, based on the statewide accountability system; (2) Whether the contract for strategic waivers school systems or the charter for charter systems adequately addresses the school's deficiencies; (3) Whether the school is in a local school system with a recent accreditation report showing deficiencies in system level governance, school level leadership, system and school level resource utilization, or school level achievement, including the areas of reading and mathematics proficiencies; (4) Whether the school is located in a local school system in which one-half or more of the schools are on the turnaround eligible schools list for the fifth or more consecutive year; (5) Whether the school is in close proximity to a school that will be served pursuant to paragraphs (1), (2), (3), or (4) of this subsection; and (6) Any other factors deemed appropriate by the Chief Turnaround Officer.

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(c) The Chief Turnaround Officer shall extend an opportunity to the local boards of education for each school identified pursuant to subsection (b) of this Code section to amend the contract entered into pursuant to Code Section 20-2-83 for strategic waivers school systems or to amend the charter, for charter systems. The amendment shall be for the purposes of agreeing to receive assistance pursuant to this part for such identified school or schools. For any such local board of education that is offered the opportunity to amend its system contract or charter but that does not sign an amendment within 60 days of being offered the amendment or that declines to sign an amendment, the State Board of Education shall within 60 days either implement one or more of the interventions contained in paragraph (6) of subsection (a) of Code Section 20-14-41 for such school or terminate the system contract or charter as allowed by the terms of such contract or charter. (d) For any local school system that is not a charter system or a strategic waivers system, the Chief Turnaround Officer shall extend an opportunity to the local board of education for each school identified pursuant to subsection (b) of this Code section to enter into an intervention contract for the purposes of agreeing to receive assistance pursuant to Code Section 20-14-46 for such identified school or schools. For any such local board of education that is offered the opportunity to enter into an intervention contract but that declines, the State Board of Education shall immediately implement one or more of the interventions contained in paragraph (6) of subsection (a) of Code Section 20-14-41 for such school. (e) For any school on the turnaround eligible school list which is not selected as part of the subset of schools to be assisted by the Chief Turnaround Officer due to insufficient capacity and resources, the Department of Education, through its school improvement division, shall begin or continue focused supports and a pre-diagnostic review utilizing all relevant data held at the state level as it relates to the local school system and school, including financial audits, funding allotments, federal funds, state assessment data, and the most recent local school system accreditation report regarding system level governance and leadership, resource utilization, teaching and learning effectiveness, and academic achievement.

20-14-46. (a) Within 30 days of entering into a contract amendment or intervention contract between the State Board of Education and a local board of education pursuant to Code Section 20-14-45, the local board of education shall, in consultation with the turnaround coach, select a third-party specialist to conduct a comprehensive on-site diagnostic review in cooperation with the regional educational service agency and the turnaround coach of the school to determine the root causes of low performance and lack of progress. Such third-party specialist may be selected from the approved list established pursuant to paragraph (2) of subsection (c) of Code Section 20-14-43 at the expense of the state, or the local board of education may select its own third-party specialist, upon approval by the Chief Turnaround Officer, at the expense of the local school system. The turnaround coach

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shall ensure that the third-party specialist receives all relevant data held at the state level as it relates to the local school system and school, including the system charter or contract, financial audits, funding allotments, federal funds, state assessment data, and any other relevant information as it relates to school performance. The third-party specialist shall also review the most recent local school system accreditation report regarding system level governance and leadership, resource utilization, teaching and learning effectiveness, and academic achievement. (b) Within 90 days of entering into a contract amendment or intervention contract between the State Board of Education and a local board of education, the turnaround coach, in partnership with the regional educational service agency, shall ensure that the local board of education and the third-party specialist have completed a comprehensive on-site evaluation of the school to determine the root causes of the school's low performance and lack of progress. The comprehensive on-site diagnostic review shall include a leadership assessment to determine the capacity of the school leader to lead the turnaround efforts, as well as a review of system level support and interventions, including central office policies and supports, technical assistance and guidance, financial management, and appropriate use of resources in accordance with approved waivers under the system charter or contract. (c) Based on the comprehensive on-site evaluation, the turnaround coach, in partnership with the regional educational service agency, shall recommend actions, which may include, but not be limited to, reallocation of resources and technical assistance, changes in school procedures or operations, professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, additional waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions deemed appropriate. (d) Based on the evaluation and recommendations and after public input from parents and the community, the school shall develop an intensive school improvement plan, approved by the Chief Turnaround Officer, that specifically addresses the academic insufficiencies identified by the school's rating in the single state-wide accountability system. The local board of education shall not be eligible for supplemental funding to support the implementation of the plan unless such local board demonstrates financial need based on its most current annual budget and the results of the most recent audit. The local board of education shall coordinate the hiring and contract renewal process for personnel and the allocation of school resources to support such plan. In developing the timelines in the intensive school improvement plan, the school shall take into consideration the budget cycles, employment contract deadlines, and other appropriate factors relating to the planning process. The school, with the support of the local board of education, local school superintendent, and principal, shall implement the plan with ongoing input and assistance from the Chief Turnaround Officer and performance monitoring by the turnaround coach.

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20-14-47. (a) Within the first 60 instructional days of the school year of a contract amendment or intervention contract pursuant to Code Section 20-14-45, turnaround coaches shall coordinate with each school to conduct individual assessments of those students who have been identified as low-performing and shall coordinate with schools to provide the following interventions, as agreed to by the turnaround coach and the school and based on available funding and resources, including the reallocation of existing resources and grant funding, if available, pursuant to subsection (c) of Code Section 20-14-48:
(1) Screen all students to diagnose the factors for low performance, including, but not limited to, reading development and comprehension, math proficiencies, physical health, mental health, access to the Internet or other ancillary supports to out-of-school learning activities expected of students and evaluate all available records to address nonacademic barriers to learning in the lowest-performing schools; and (2) Provide students who have been identified as low-performing with academic support and enrichment activities, access to programs to promote parental involvement, access to supports for addressing and improving mental and physical health, access to a learning resource center for students and guardians to strengthen academic supports, positive behavioral interventions and supports, and access to expert supports, which may include, but not be limited to, data scientists, psychometric personnel, curriculum specialists, learning theorists, and special educators to help advise the schools on technical learning matters. (b) Turnaround coaches shall assist local boards of education in identifying integrated student services utilizing the list of resources established by the Chief Turnaround Officer pursuant to paragraph (2) of subsection (c) of Code Section 20-14-43. Local boards of education, in coordination with the turnaround coaches and the local school administration, shall create local collaborations to address personal and community conditions, which shall include the needs, issues, and problems within the communities of such school or schools, such as poverty, lack of economic development, safety, transportation options for parents and students, adult educational opportunities, wellness, and mental health services, and shall, in consultation with the turnaround coach, identify state and community resources that are available or that could be built upon, reallocated, or repurposed to address the issues impacting such school or schools.

20-14-48. (a) The State Board of Education shall ensure that all necessary department resources and supports are made available for full implementation of this part, including, but not limited to, the implementation of the intensive school improvement plans established pursuant to Code Section 20-14-46 for schools for which a local board of education has entered into a contract amendment or intervention contract with the State Board of Education pursuant to Code Section 20-14-45. Further, the State Board of Education shall ensure that such schools receive priority for the receipt of federal and state funds available to the

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Department of Education to the fullest extent possible under federal and state law, including, but not limited to, federal school improvement grants and Title I funds. The State Board of Education shall also pursue maximum flexibility in applying for and expending federal funds, including, but not limited to, the consolidation of all federal, state, and local funds in compliance with federal law. (b) The Office of Student Achievement shall give priority to schools for which a local board of education has entered into a contract amendment or intervention contract with the State Board of Education pursuant to Code Section 20-14-45 when awarding grants pursuant to subsection (b.1) of Code Section 20-14-26.1 or any other grants administered by the office.
(c)(1) The Office of Student Achievement shall be authorized to provide for grants, subject to appropriations, to assist schools in local school systems under a contract amendment or intervention contract pursuant to Code Section 20-14-45 with demonstrated financial need in:
(A) Retaining the services of a third-party specialist to assist in the implementation of an intensive school improvement plan developed pursuant to Code Section 20-14-46 or to provide any other support services deemed necessary pursuant to such plan; (B) Assessing low-performing students and obtaining specified supports for such students as delineated in subsection (a) of Code Section 20-14-47; or (C) Both subparagraph (A) and subparagraph (B) of this paragraph. (2) A school under a contract amendment or intervention contract pursuant to Code Section 20-14-45 with a demonstrated financial need may, upon consultation with the turnaround coach for the school, request grant funds pursuant to this subsection. Upon approval by the Chief Turnaround Officer, the grant request may be submitted to the Office of Student Achievement. The award of any grant funds shall be at the discretion of the Office of Student Achievement, including the amount of any such grant funds awarded. The Office of Student Achievement shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this subsection, including criteria for a local school system to demonstrate financial need.

20-14-49. (a) If after three school years of implementing the intensive school improvement plan developed pursuant to Code Section 20-14-46, the school is not improving, as determined by the Chief Turnaround Officer based on the terms of the amended contract, amended charter, or the intervention contract and on other applicable factors, the Chief Turnaround Officer shall require that one or more of the following interventions be implemented at the school, unless the school is in substantial compliance with the implementation of the intensive school improvement plan and has exhibited ongoing cooperation and collaboration:
(1) Continued implementation of the intensive school improvement plan developed pursuant to Code Section 20-14-46;

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(2) Removal of school personnel, which may include the principal and personnel whose performance has been determined to be insufficient to produce student achievement gains; (3) Implementation of a state charter school or a special school, as defined in Code Section 20-2-2062; (4) Complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past four years; (5) Operation of the school by a private nonprofit third-party operator selected and contracted by the local board of education; (6) Mandatory parental option to relocate the student to another public school in the local school system that does not have an unacceptable rating, to be chosen by the parents of the student from a list of available options provided by the local school system. The local school system shall provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parent or guardian shall assume responsibility for the transportation of that student; (7) Complete restructuring of the school's governance arrangement and internal organization of the school; (8) Operation of the school by a successful school system and pursuant to funding criteria established by the State Board of Education; or (9) Any other interventions or requirements deemed appropriate by the Chief Turnaround Officer and the State Board of Education for the school and in accordance with the amended contract, amended charter, or intervention contract, except that operation of the school by a for profit entity shall be prohibited. (b) Before the implementation of any interventions required by the Chief Turnaround Officer pursuant to subsection (a) of this Code section for a school, the local board of education may request an opportunity for a hearing before the State Board of Education to show cause as to why an intervention or interventions imposed by the Chief Turnaround Officer for a school should not be required or that alternative interventions would be more appropriate. Such request shall be made no later than 30 days after notification by the Chief Turnaround Officer of the intended interventions. The State Board of Education shall take into consideration the substantial compliance of the school in the implementation of the intensive school improvement plan and the ongoing cooperation and collaboration exhibited by the school. The State Board of Education shall make a determination on any such request no later than 60 days after receipt of such request. The determination of the State Board of Education shall be the final decision.

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20-14-49.1. (a) There is created the Education Turnaround Advisory Council which shall report to the State Board of Education. The Education Turnaround Advisory Council shall be composed of:
(1) The executive director of the Georgia School Boards Association or his or her designee; (2) The executive director of the Georgia School Superintendents Association or his or her designee; (3) The executive director of the Professional Association of Georgia Educators or his or her designee; (4) The executive director of the Georgia Association of Educators or his or her designee; (5) The executive director of the Georgia Association of Educational Leaders or his or her designee; (6) The president of the Georgia Parent Teacher Association; (7) The executive director of Educators First or his or her designee; and (8) Education leaders representing local school superintendents, local boards of education, teachers, business leaders, or other appropriate individuals with interest in public education appointed as follows:
(A) Two education leaders appointed by the Lieutenant Governor; and (B) Two education leaders appointed by the Speaker of the House of Representatives. (b) The chairperson of the State Board of Education shall cause the council to be convened no later than 30 days after the last appointment is made to the council. The council shall select a chairperson from among its membership. (c) The Education Turnaround Advisory Council shall be authorized to: (1) Submit to the State Board of Education names of potential candidates for the position of Chief Turnaround Officer and for turnaround coaches; (2) Recommend school turnaround resources and potential turnaround experts to be added to resource lists; (3) Provide advisement on the development of state-wide assessment tools; (4) Provide advisement to the State School Superintendent and Chief Turnaround Officer, as necessary; (5) Provide recommendations and input on the request for proposals process conducted pursuant to paragraph (3) of subsection (c) of Code Section 20-14-43 to establish a list of approved third-party specialists that may be retained to assist in the evaluation of schools; and (6) Perform such other duties as assigned by the State Board of Education. (d) The Education Turnaround Advisory Council shall have no authority and shall only be advisory in nature.

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20-14-49.2. (a) The Chief Turnaround Officer shall prepare a written biannual update on the status of each school that is under a contract amendment or intervention contract pursuant to Code Section 20-14-45. The Chief Turnaround Officer shall provide such biannual reports no later than February 1 and August 1 of each year to the chairpersons of the House Committee on Education and the Senate Education and Youth Committee and to the Education Turnaround Advisory Committee. The report due no later than February 1 may be in the form of an executive summary. The report due no later than August 1 shall include detailed information regarding the status, progress, and any interventions imposed on the schools that are under a contract amendment or intervention contract pursuant to Code Section 20-14-45. (b) The Chief Turnaround Officer shall annually meet with the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the House Committee on Education and the Senate Education and Youth Committee, the State School Superintendent, and the Education Turnaround Advisory Council to present the findings in the detailed report prepared pursuant to subsection (a) of this Code section.

20-14-49.3. (a) The Joint Study Committee on the Establishment of a State Accreditation Process is hereby created. The committee shall undertake a study regarding the potential establishment of a state accreditation process for public schools and school systems in this state, including the resources and structure that would be necessary, any impediments that would need to be addressed, and the interaction with existing private accreditation agencies. The study shall include analysis of aligning accreditation review with charter or contract renewal for charter systems and strategic waivers school systems, respectively. The committee shall consider the establishment of a state process for the annual review of system charters and contracts, including student academic achievement, local board governance, and financial management. The committee should also consider the possible consequences of losing state accreditation that could be administered, such as removal of local board of education members and loss of system charter or contract. In addition, the committee shall consider the possibility of establishing a school board review commission. (b) The committee shall be composed of:
(1) Three members of the House of Representatives, appointed by the Speaker of the House of Representatives, one of whom who shall be designated by the Speaker to serve as a cochairperson; (2) Three members of the Senate, appointed by the President of the Senate, one of whom who shall be designated by the President of the Senate to serve as a cochairperson; (3) The State School Superintendent or his or her designee; (4) The chairperson of the State Board of Education or his or her designee; (5) The director of the State Charter Schools Commission or his or her designee; (6) The director of the Office of Student Achievement or his or her designee;

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(7) The chancellor of the University System of Georgia or his or her designee; and (8) The following members appointed by the Governor:
(A) A local board of education member; (B) A local school superintendent; (C) A principal; (D) A teacher; and (E) A parent. (c) The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The committee shall meet upon the call of the cochairpersons. (d) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8. Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective agencies. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. (e) The committee shall provide a report of its findings and recommendations, including any proposed legislation that may be necessary, no later than December 1, 2017, to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate Education and Youth Committee and the House Committee on Education. (f) The committee shall stand abolished and this Code section shall stand repealed by operation of law on December 31, 2017.

20-14-49.4. (a) The Joint Study Committee on the Establishment of a Leadership Academy is hereby created. The committee shall study the possibility of establishing a leadership academy to provide opportunities for principals and other school leaders to update and expand their leadership knowledge and skills. The committee shall study and recommend the scope of a potential leadership academy, including, but not limited to, conducting seminars and workshops, providing onsite technical assistance, focusing on leadership in schools that have unacceptable ratings, criteria for participants and faculty, and any other matters deemed appropriate by the committee. The committee shall identify a process for

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establishing such leadership academy, which may be known as the Georgia Academic Leadership Academy, with a proposed beginning date of July 1, 2018. (b) The committee shall be composed of:
(1) Two members of the House of Representatives, appointed by the Speaker of the House of Representatives, one of whom shall be from the minority party; (2) Two members of the Senate, appointed by the President of the Senate, one of whom shall be from the minority party; (3) The commissioner of the Technical College System of Georgia or his or her designee; (4) The chancellor of the University System of Georgia or his or her designee; (5) The executive director of the Professional Standards Commission or his or her designee; and (6) The following members appointed by the Governor:
(A) Two local school superintendents; (B) Two principals; (C) One member of the State Board of Education; (D) One local board of education member; (E) One staff member from the Department of Education; and (F) One member of the Governor's policy staff. The Governor shall designate one of the members as the chairperson. (c) The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The committee shall meet upon the call of the chairperson. (d) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8. Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner and funding as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective agencies. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. (e) The committee shall provide a report of its findings and recommendations, including any proposed legislation that may be necessary, no later than December 1, 2017, to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate Education and Youth Committee and the House Committee on Education.

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(f) The committee shall stand abolished and this Code section shall stand repealed by operation of law on December 31, 2017."

PART III SECTION 3-1.

Said title is further amended by revising Code Section 20-2-73, relating to suspension and removal of local school board members upon potential loss of accreditation, as follows:
"20-2-73. (a)(1) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if: (A) A local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for any reason or reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519, the local board of education shall notify the State Board of Education in writing within three business days of such placement and the State Board of Education shall conduct a hearing in not less than ten days of such notice nor more than 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay; or (B) One-half or more of the schools in a local school system are turnaround eligible schools, as defined in subsection (a) of Code Section 20-14-45, for the fifth or more consecutive year, the Department of Education shall notify the State Board of Education in writing within three business days of the publication of the list of turnaround eligible schools by the Office of Student Achievement and the State Board of Education shall conduct a hearing in not less than ten days of such notice nor more than 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay; provided, however, that this subparagraph shall be tolled for a local board of education while under a contract amendment or intervention contract pursuant to Code Section 20-14-45 so long as such local board of education is in substantial compliance with the terms of such contract amendment or intervention contract. (2) A majority of the members of a local board of education may petition the State Board of Education to continue any hearing scheduled under this subsection. Upon a showing of good cause, the state board may in its sound discretion continue any such hearing. Notwithstanding any other provision of law, deliberations held by the State Board of Education pursuant to this subsection to formulate its recommendation to the Governor shall not be open to the public; provided, however, that testimony shall be taken in an open meeting and a vote on the recommendation shall be taken in an open meeting following the hearing or at the next regularly scheduled meeting. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation

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with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member. (c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member's continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain or reattain its accreditation or to improve the ratings of the schools in the local school system so that less than one-half of the schools in such local school system are on the turnaround eligible schools list in subsequent years. The appealing member shall be given at least 30 days' notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the agency, and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the local board of education member's continued service on the local board of education improves the ability of the local school system or school to retain or reattain its accreditation or to improve the ratings of the schools in the local school system so that less than one-half of the schools in such local school system are on the turnaround eligible schools list in subsequent years, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50. (d)(1) Subparagraph (B) of paragraph (1) of subsection (a) of this Code section shall apply to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after April 20, 2011. (2) Subparagraph (B) of paragraph (1) of subsection (a) of this Code section shall apply to a local school system which, on or after July 1, 2017, has one-half or more of the schools in the local school system on the turnaround eligible schools list for the fifth or more consecutive year.

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(e) For purposes of this Code section, an eligible member of a local board of education shall mean a board member who:
(1) Was serving on the local board at the time the accrediting agency placed the local school system or school on the level of accreditation immediately preceding loss of accreditation; or (2) Was serving on the local board at the time the local school system had one-half or more of the schools in the local school system on the turnaround eligible schools list for the fifth or more consecutive year and had served on the local board for at least the immediately preceding two years. (f) A local board of education shall not expend any public funds for attorney's fees or expenses of litigation relating to proceedings initiated pursuant to this Code section except to the extent such fees and expenses are incurred prior to and through the recommendation of the state board as provided for in subsection (a) of this Code section; provided, however, that nothing in this subsection shall be construed to prohibit an insurance provider from covering attorney's fees or expenses of litigation under an insurance policy. (g) Any suspended board member who is reinstated by the Governor pursuant to this Code section may be reimbursed by the local board of education for his or her reasonable attorney's fees and related expenses incurred in pursuing such reinstatement."

SECTION 3-2. Said title is further amended by revising Code Section 20-2-83, relating to state board approval of local school board flexibility contract, as follows:
"20-2-83. (a) Upon approval of a proposed contract of a local school system which has requested flexibility, the state board shall enter into such contract with the local board of education. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) Each contract shall be for a term of six years. The terms of the contract may provide for automatic extension of such contract if a local school system has met its accountability requirements. (d) The terms of a contract may be amended during the term of the contract only upon approval of the state board and the local board of education."

SECTION 3-3. Said title is further amended by revising subsection (c) of Code Section 20-2-2063.2, relating to charter systems, as follows:
"(c) Prior to approval or denial of a charter petition for a charter system, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. The state board shall approve the charter if the state board finds, after receiving input from the Charter

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Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated pursuant to Code Section 20-2-2063 and the provisions of this title, is in the public interest, and promotes school level governance. A charter for a charter system shall include the interventions, sanctions, and loss of governance consequences contained in Code Section 20-14-41."

SECTION 3-4. Said title is further amended by revising subsection (b) of Code Section 20-2-2067.1, relating to amendment of terms of charter for charter school, initial term of charter, and annual report, as follows:
"(b) The initial term of a charter, except for a charter system, shall be for a minimum of five years, unless the petitioner shall request a shorter period of time, and shall not exceed ten years. The local board and the state board, in accordance with Code Section 20-2-2064.1, may renew a local charter, upon the request of the charter school, for the period of time specified in the request, not to exceed ten years. The state board may renew a state chartered special school, upon the request of the school, for the period of time specified in the request, not to exceed ten years. The initial term of a charter for a charter system shall not exceed six years. The state board may renew the charter of a charter system, upon the request of the local board, for the period of time specified in the request, not to exceed ten years."

SECTION 3-5. Said title is further amended by adding a new subsection to Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, master or management team, school improvement team, annual reports, data revision, and hearing, to read as follows:
"(h)(1) The State Board of Education shall prepare an annual report detailing the schools that have received an unacceptable rating for one or more consecutive years and the interventions applied to each such school pursuant to Code Section 20-14-41. (2) The State Board of Education shall provide the annual report no later than December 31 for the previous academic year, to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the House Committee on Education and the Senate Education and Youth Committee, and the Education Turnaround Advisory Committee."

PART IV SECTION 4-1.

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

Approved April 27, 2017.

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EDUCATION PROHIBIT PRIVATE POSTSECONDARY INSTITUTIONS FROM ADOPTING SANCTUARY POLICIES.

No. 28 (House Bill No. 37).

AN ACT

To amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions, so as to provide definitions; to provide that private postsecondary institutions in this state shall not adopt sanctuary policies; to provide for penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions, is amended by designating the existing text as Part 1 and adding a new part to read as follows:

"Part 2 20-3-10. (a) As used in this part, the term:
(1) 'Federal officials or law enforcement officers' means any person employed by the United States government for the purpose of enforcing or regulating federal laws and any peace officer certified by the Georgia Peace Officer Standards and Training Council where such federal official or peace officer is acting within the scope of his or her employment for the purpose of enforcing federal or state laws or preserving homeland security. (2) 'Private postsecondary institution' means a school which is:
(A) A private independent nonproprietary postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (A) of paragraph (2) of Code Section 20-3-411; or (B) A private proprietary postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (B) of paragraph (2) of Code Section 20-3-411. (3) 'Sanctuary policy' means any regulation, rule, policy, or practice adopted or administered by a private postsecondary institution which prohibits or restricts officials or employees of such private postsecondary institution from communicating or cooperating with federal officials or law enforcement officers with regard to reporting

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status information while such official or employee is acting within the scope of his or her official duties at such private postsecondary institution. (4) 'Status information' means any information, not including any information required by law to be kept confidential but otherwise including, but not limited to, any statement, document, computer generated data, recording, or photograph, which is relevant to the identity or location of an individual who is reasonably believed to be violating state or federal laws, illegally residing within the United States, or who is reasonably believed to be involved in domestic terrorism as that term is defined in Code Section 16-4-10 or a terroristic act as that term is defined by Code Section 35-3-62. (b) No private postsecondary institution in this state whether acting through its governing body or officers, or by any other process, shall enact, adopt, implement, or enforce any sanctuary policy. (c) Any private postsecondary institution that violates subsection (b) of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (d) of Code Section 50-36-1. Such withholding of state funding shall include funds provided to the private postsecondary institution directly as well as funding for scholarships, loans, and grants pursuant to this chapter for students of such private postsecondary institution."

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

Approved April 27, 2017.

__________

EDUCATION TRANSPARENCY OF FINANCIAL INFORMATION OF LOCAL SCHOOL SYSTEMS AND SCHOOLS; UNIQUE IDENTIFIERS FOR STUDENTS WHO ARE CHILDREN OF MILITARY PERSONNEL.

No. 29 (House Bill No. 139).

AN ACT

To amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to provide transparency of financial information of local school systems and schools to the greatest extent practicable; to provide for legislative intent; to provide for accessibility to certain financial data of a local board of education; to provide for school level budget and expenditure data; to require local

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school systems and schools to provide certain information on their websites; to provide for certain data and reports; 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 unique identifiers for students who are children of military personnel; 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. Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new part to read as follows:

"Part 3A

20-14-45. The intent of this part is to provide transparency and accuracy of financial information at the local school system and school levels to the greatest extent practicable. It is the intent of the General Assembly that local school systems and schools provide the public with ready access to all financial information not specifically made confidential by law.

20-14-46. (a) The Department of Education shall make available on its website the following school site budget and expenditure information for each school unless specifically made confidential by law:
(1) The cost of all materials, equipment, and other nonstaff support; (2) Salary and benefit expenditures for all staff; (3) The cost of all professional development, including training, materials, and tuition provided for instructional staff on an annual basis; (4) The total cost of facility maintenance and small capital projects; (5) The total expenditures of new construction or major renovation, based on the school system facility plan; and (6) The per student expenditures for each local school system and school as delineated in Section 1111(h)(1)(C)(x) of the federal Elementary and Secondary Education Act, as amended by the federal Every Student Succeeds Act. (b) The Department of Education shall make available on its website the following school system level information: (1) The annual budget of the local board of education; (2) Ratios of expenditures to revenues for all general and special revenue funds;

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(3) The total dollar amount of local property tax revenue the school system collected in addition to the actual millage rate levied; and (4) The total dollar amount of all other tax revenue that is collected by the school system. (c) Each local school system and each state charter school which maintains a website shall post in a prominent location on its website a link to where the information listed in subsections (a) and (b) of this Code section and the following information can be found on the Department of Education's website: (1) The annual budget submitted to the State Board of Education pursuant to subsection (c) of Code Section 20-2-167; (2) The annual personnel report prepared by the state auditor pursuant to Code Section 50-6-27; (3) The most recent five years of audits conducted by the Department of Audits and Accounts pursuant to subsection (a) of Code Section 50-6-6 and any additional independent audits conducted pursuant to subsection (b) of Code Section 50-6-6; (4) Any findings of irregularities or budget deficits reported by the Department of Audits and Accounts pursuant to Code Section 20-2-67; and (5) For a local board of education which imposes a sales tax for educational purposes pursuant to Part 2 of Article 3 of Chapter 8 of Title 48, the information required pursuant to Code Section 48-8-141 as provided to the Department of Audits and Accounts for posting on such department's searchable website pursuant to subsection (g) of Code Section 50-6-32. (d) Each public school which maintains a website shall post in a prominent location on its website a link to where: (1) The financial efficiency ratings for the school published by the office pursuant to Code Section 20-14-34 can be found on the office's website; and (2) The information listed in paragraphs (1) through (5) of subsection (c) of this Code section can be found on the Department of Education's website.

20-14-47. (a) No later than January 1, 2018, the State Board of Education shall develop rules and regulations requiring that each local board of education and each state charter school provide the information required in this part for their respective schools as specified by the state board and which is not specifically made confidential by law, including school site budget and expenditure information. Such rules and regulations shall include templates and definitions of budget and expenditure categories and line items as needed. (b) As soon as is practicable but no later than October 31, 2018, the Department of Education shall publish in a prominent location on its website the information listed in Code Section 20-14-46.

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20-14-48. (a) The office shall report the percentage of students with each state funded characteristic included in Code Section 20-2-161 at the local school system and school levels. (b) The office shall create and publish an online sortable data base for each local school system and school on per student expenditures used to determine the financial efficiency rating calculated by the office pursuant to Code Section 20-14-33 and as delineated in Section 1111(h)(1)(C)(x) of the federal Elementary and Secondary Education Act, as amended by the federal Every Student Succeeds Act. (c) The office shall report the relative financial performance of local school systems and schools. (d) The Department of Education shall publish annually on its website all underlying fiscal data that inform the financial efficiency rating calculated by the office pursuant to Code Section 20-14-33 and an explanation of the fiscal data that inform the financial efficiency rating on a disaggregated basis. (e) All state and local government entities, including the Department of Education, Department of Audits and Accounts, Office of Planning and Budget, the office, and local school systems shall cooperate with and assist each other in complying with this part."

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:
"20-2-324.3. (a) This Code section shall be known and may be cited as the 'Educating Children of Military Families Act.' (b) The Department of Education is authorized to establish a unique identifier for each student:
(1) Whose parent or guardian is an active duty military service member in the armed forces of the United States; and (2) Whose parent is a member of a reserve component of the armed forces of the United States or the National Guard in a manner that will allow for disaggregation of data for each category."

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

Approved April 27, 2017.

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EDUCATION STATE GOVERNMENT REPEAL SUNSET ON ANNUAL FITNESS ASSESSMENT PROGRAM; REQUIRE LOCAL SCHOOL SYSTEMS TO PROVIDE INFORMATION ON INFLUENZA AND ITS VACCINE; PLACE GEORGIA COMMISSION ON WOMEN UNDER DEPARTMENT OF PUBLIC HEALTH FOR ADMINISTRATIVE PURPOSES.

No. 30 (House Bill No. 198).

AN ACT

To amend Code Section 20-2-777 of the Official Code of Georgia Annotated, relating to an annual fitness assessment program, so as to repeal the sunset provision; to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require local school systems to provide certain information to parents and guardians of students in grades six through 12 on influenza and its vaccine whenever other health information is provided; to amend Code Section 20-2-149.1 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation and use of automated external defibrillators in schools, so as to add a short title; to amend Code Section 50-12-80 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, so as to place said commission under the administration of the Department of Public Health; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-2-777 of the Official Code of Georgia Annotated, relating to an annual fitness assessment program, is amended by repealing subsection (d).

SECTION 2. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, is amended by revising Code Section 20-2-778, relating to required information to parents of students regarding meningococcal meningitis, as follows:
"20-2-778. (a) If a local board of education provides information on immunizations, infectious diseases, medications, or other school health issues to parents and guardians of students in grades six through 12, then the following information about meningococcal meningitis disease and influenza and their respective vaccines shall be included:

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(1) A description of causes, symptoms, and means of transmission; (2) A list of sources for additional information; and (3) Related recommendations issued by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention. (b) The Department of Education, in cooperation with the Department of Public Health, shall develop and make available the information about meningococcal meningitis disease and influenza and their respective vaccines to local school systems as required under subsection (a) of this Code section in an efficient manner that shall include posting the information on its website."

SECTION 2A. Code Section 20-2-149.1 of the Official Code of Georgia Annotated, relating to instruction in cardiopulmonary resuscitation and use of automated external defibrillators, is amended by redesignating subsections (a) through (e) as subsections (b) through (f), respectively, by replacing "subsection (b)" with "subsection (c)" in newly designated subsection (e), and by adding a new subsection to read as follows:
"(a) This Code section shall be known and may be cited as the 'Cory Joseph Wilson Act.'"

SECTION 3. Code Section 50-12-80, relating to creation of the commission, appointments to and vacancies in membership, and staggered terms, is amended by adding a new subsection to read as follows:
"(d) The commission shall be assigned to the Department of Public Health for administrative purposes only, as prescribed in Code Section 50-4-3."

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

Approved April 27, 2017.

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EDUCATION MILITARY STUDENT MAY ATTEND ANY SCHOOL IN LOCAL SCHOOL SYSTEM.

No. 31 (House Bill No. 224).

AN ACT

To amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a military student may attend any school in the local school system; to provide a definition; to provide for a streamlined process and annual 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. Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-295. (a) As used in this Code section, the term 'military student' means a school aged child of a military service member who lives on a military base or off-base in military housing. (b) Beginning in school year 2017-2018, a military student in this state shall be allowed to attend any public school that is located within the school system in which the military base or off-base military housing in which the student resides is located, provided space is available for additional enrollment. The parent shall assume the responsibility for and cost of transportation of the student to and from the school. (c) Each local school system in which a military base or off-base military housing is located shall:
(1) Establish a universal, streamlined process available to all students to implement the transfer requirements of this Code section; and (2) Annually notify prior to each school year the parents of each military student by letter, by electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this Code section."

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

Approved April 27, 2017.

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EDUCATION REVENUE AND TAXATION AUTHORIZE THE PUBLIC EDUCATION INNOVATION FUND FOUNDATION.

No. 32 (House Bill No. 237).

AN ACT

To amend Title 20 and Title 48 of the Official Code of Georgia Annotated, relating to education and to revenue and taxation, respectively, so as to authorize the Public Education Innovation Fund Foundation to receive private donations to be used for grants to public schools; to provide for grant criteria; to provide for an income tax credit for qualified education donations; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to such donations; to provide for related matters; to provide for an effective date; to provide for applicability; to provide for a sunset date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-14-26.1, relating to the authority of the Office of Student Achievement to incorporate nonprofit corporations as public foundations, as follows:
"20-14-26.1. (a) The office shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the office in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. (b) Any nonprofit corporation created pursuant to this Code section shall be subject to the following provisions:
(1) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (2) Upon dissolution of any such nonprofit corporation incorporated by the office, any assets shall revert to the office or to any successor to the office or, failing such succession, to the State of Georgia; (3) As used in this paragraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the office;

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(4) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (5) The office shall not be liable for the action or omission to act of any such nonprofit corporation; (6) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (7) Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange. (b.1)(1) Pursuant to this Code section, the office may establish a nonprofit corporation to be designated as the Public Education Innovation Fund Foundation to promote Public-Private Partnerships between businesses, nonprofit organizations, institutions of higher education, local school systems, and public schools, for the purpose of improving student achievement. Funds received by the foundation may be awarded through a competitive grant process administered by the office. The General Assembly may appropriate funds for purposes of this foundation beginning in Fiscal Year 2015.
(2)(A) Such foundation shall also be authorized to receive donations from taxpayers pursuant to Code Section 48-7-29.21 for the purpose of awarding grants to public schools for the implementation of academic and organizational innovations to improve student achievement, with priority given to schools that have performed in the lowest 5 percent of schools in this state identified in accordance with the state-wide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act, and for the dissemination of information regarding successful innovations to other public schools in this state. Funds received by the foundation for such purpose may be awarded through a competitive grant process administered by the office. The criteria for awarding such grants shall include the potential to which the innovation is likely to result in the proposed improvement, the potential for widespread adoption of such innovation by other public schools in the state, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the office may deem appropriate and necessary. The foundation shall not be authorized to withhold any funds to cover costs incurred in administering the grant process. (B) The foundation shall report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following:
(i) The total number and dollar value of donations and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns;

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(ii) The total number and dollar value of corporate donations and tax credits approved; (iii) The total number and dollar value of grants awarded to public schools; and (iv) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. The Department of Revenue shall post on its website the information received pursuant to divisions (i) through (iii) of this subparagraph. (C) Except for the information reported pursuant to divisions (i) through (iii) of subparagraph (B) of this paragraph, all information or reports provided by the foundation to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the foundation. (c) Any nonprofit corporation created pursuant to this Code section shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated, except as otherwise provided in paragraph (2) of subsection (b.1) of this Code section. Such report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Education and the Senate Education and Youth Committee. Any such nonprofit corporation shall also provide such persons with a copy of all corporate filings with the federal Internal Revenue Service."

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-7-29.21. (a) As used in this Code section, the term:
(1) 'Qualified education donation' means a donation made by a taxpayer to the Public Education Innovation Fund Foundation for the purpose of awarding grants to public schools in this state pursuant to paragraph (2) of subsection (b.1) of Code Section 20-14-26.1. (2) 'Public Education Innovation Fund Foundation' or 'foundation' means the foundation established pursuant to subsection (b.1) of Code Section 20-14-26.1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education donations as follows: (1) In the case of a single individual or a head of household, the actual amount donated or $1,000.00 per tax year, whichever is less; (2) In the case of a married couple filing a joint return, the actual amount donated or $2,500.00 per tax year, whichever is less; or (3) Anything to the contrary contained in paragraph (1) or (2) of this subsection notwithstanding, in the case of an individual who is a member of a limited liability

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company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the amount donated or $10,000.00 per tax year, whichever is less; provided, however, that tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such member of the limited liability company, shareholder of a Subchapter 'S' corporation, or partner in a partnership. (c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified education donations in an amount not to exceed the actual amount donated or 75 percent of the corporation's income tax liability, whichever is less. (d)(1) The tax credit shall not be allowed if the taxpayer designates the taxpayer's qualified education donation for the direct benefit of any particular school or program which the taxpayer's child or children attend. (2) In soliciting donations, the foundation shall not represent that, in exchange for donating to the foundation, the school a taxpayer's child or children attend shall receive a grant pursuant to paragraph (2) of subsection (b.1) of Code Section 20-14-26.1. (e) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (f)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $5 million per tax year. (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, the foundation shall notify a potential donor of the requirements of this Code section. Before making a donation to the foundation, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of donations that the taxpayer intends to make to the foundation. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer and shall provide notice to the taxpayer and the foundation 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 donation to the foundation 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 donation amount when calculating the limit prescribed in paragraph (1) of this subsection. The department shall establish a web based donation approval process to implement this subsection. (4) Preapproval of donations by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section.

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(g) In order for the taxpayer to claim a tax credit under this Code section, a confirmation of receipt of donation issued by the foundation shall be attached to the taxpayer's income 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 confirmation of receipt of donation shall contain the taxpayer's name, address, tax identification number, the amount of the donation, the date of the donation, and the amount of the credit. (h) 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. (i) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this Code section."

SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2018. (b) This Act shall be automatically repealed December 31, 2020.

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

Approved April 27, 2017.

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EDUCATION IMPLEMENTATION OF VARIOUS RECOMMENDATIONS FROM GOVERNOR'S EDUCATION REFORM COMMISSION REGARDING CHARTER SCHOOLS.

No. 33 (House Bill No. 430).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to implement various recommendations from the Governor's Education Reform Commission with respect to charter schools; to provide for the establishment of a code of principles and standards of charter school authorizing; to provide for a facilities grant program for charter schools; 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new Code section to Article 31 of Chapter 2, relating to charter schools, to read as follows:
"20-2-2063.3. (a) The State Board of Education and the State Charter Schools Commission shall jointly establish a code of principles and standards of charter school authorizing to guide local boards of education, the state board, and the State Charter Schools Commission in meeting high-quality authorizing practices. The principles and standards established by the state board and the State Charter Schools Commission shall include:
(1) Maintaining high standards for approving charter petitions; (2) Establishing high academic, financial, and operational performance standards for charter schools; (3) Annually monitoring, evaluating, and reporting charter school progress in meeting academic, financial, and operational performance standards; (4) Upholding charter school autonomy in school governance, instructional program implementation, personnel, and budgeting; (5) Protecting students and holding charter schools accountable for their obligations to all students; and (6) Protecting the public interest and holding charter schools accountable for their obligations of governance, management, and oversight of public funds.

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(b)(1) The State Board of Education shall provide for the annual review of local boards of education by an independent party for adherence to the principles and standards of charter school authorizing practices adopted by the state board pursuant to subsection (a) of this Code section. The State Board of Education shall ensure that any independent party reviewing local boards of education pursuant to this paragraph has a demonstrated history of evaluating charter school authorizers for quality authorizing practices. (2) A charter school authorized by a local board of education that fails to meet the principles and standards of charter school authorizing on its annual evaluation for two consecutive years may petition to transfer its charter authorization to the State Charter Schools Commission. (3) In its discretion, the State Charter Schools Commission may approve a charter school petitioning for authorization pursuant to paragraph (2) of this subsection for an initial charter term of up to five years if, based on the charter school's prior performance, it is likely to meet the commission's comprehensive performance framework if approved. If the State Charter Schools Commission approves the transfer of a petitioning charter school to its jurisdiction, the local board shall terminate the existing charter pursuant to the terms of the charter and a new charter shall be established between the charter school and the State Charter Schools Commission. If the State Charter Schools Commission declines to authorize the charter school, the charter school shall continue to operate under the terms of its charter with the local board of education. The requirements of Code Section 20-2-2085 shall not apply to local charter schools petitioning for authorization to the State Charter Schools Commission pursuant to paragraph (2) of this subsection. On and after July 1, 2017, the terms of any charter entered into or renewed between a local board and a local charter school shall include a provision for termination if the local board fails to meet the principles and standards of charter school authorizing on its annual evaluation for two consecutive years. (c) The State Charter Schools Commission shall ensure that its adherence to the principles and standards of charter school authorizing practices is annually reviewed by an independent body that has a demonstrated history of evaluating charter school authorizers for quality authorizing practices. (d) The State Board of Education shall provide for or approve training for its staff and local board of education members on the principles and standards of charter school authorizers. The State Board of Education may incorporate training on the principles and standards into the training programs for staff and local board of education members adopted pursuant to Code Section 20-2-230. The annual evaluation of local boards of education for adherence to the principles and standards of charter school authorizing conducted pursuant to this Code section shall detail the participation of the local board of education in training on the principles and standards of charter school authorizers."

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SECTION 2. Said title is further amended by revising subsection (b) of Code Section 20-2-2067.1, relating to amendment of terms of charter for charter schools, initial term of charter, and annual report, as follows:
"(b) The initial term of a charter, except for a charter system or a local charter school that has transferred its authorization to the State Charter Schools Commission pursuant to subsection (b) of Code Section 20-2-2063.3, shall be for a minimum of five years, unless the petitioner shall request a shorter period of time, and shall not exceed ten years. The local board and the state board, in accordance with Code Section 20-2-2064.1 and subject to the provisions of Code Section 20-2-2063.3, may renew a local charter, upon the request of the charter school, for the period of time specified in the request, not to exceed ten years. The state board may renew a state chartered special school, upon the request of the school, for the period of time specified in the request, not to exceed ten years. The initial term of a charter for a charter system shall not exceed five years. The state board may renew the charter of a charter system, upon the request of the local board, for the period of time specified in the request, not to exceed ten years."

SECTION 3. Said title is further amended by revising subsections (b) and (c) and by adding a new subsection to Code Section 20-2-2068.1, relating to charter school funding, as follows:
"(b) QBE formula earnings, applicable QBE grants, applicable non-QBE state grants, and applicable federal grants earned by a local charter school shall be distributed to the local charter school by the local board; provided, however, that state equalization grant earnings shall be distributed as provided in subsection (c) of this Code section. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development. The local charter school shall report enrolled students in a manner consistent with Code Section 20-2-160; provided, however, that a local charter school shall certify that all data are correct, including enrollment data and certified personnel information, prior to a local board of education submitting any such data to the state board for purposes of funding. (c) In addition to the earnings set out in subsection (b) of this Code section, local revenue shall be allocated to a local charter school on the same basis as for any local school in the local school system. In the case of a start-up charter school, local revenue earnings shall be calculated as follows:
(1) Determine the total amount of state and local five mill share funds earned by students enrolled in the local start-up charter school as calculated by the Quality Basic Education Formula pursuant to Part 4 of Article 6 of this chapter including any funds for psychologists and school social workers but excluding 5 percent of system-wide funds

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for central administration and excluding any categorical grants not applicable to the charter school; (2) Determine the total amount of state and local five mill share funds earned by all students in the public schools of the local school system, including any charter schools that receive local revenue, as calculated by the Quality Basic Education Formula but excluding categorical grants and other non-QBE formula grants; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school system's local revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local start-up charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local start-up charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local start-up charter school by the local board. Where feasible and where services are provided, funds for construction projects shall also be distributed to the local start-up charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local start-up charter school no less favorably than other local schools located within the applicable school system and shall calculate and distribute the funding for the start-up charter school on the basis of its actual or projected enrollment in the current school year according to an enrollment counting procedure or projection method stipulated in the terms of the charter. The Department of Education shall implement procedures that ensure that each local charter school receives from its local school system the proportionate amount of federal funds for which such local charter school is eligible under each federal program, including but not limited to funds earned pursuant to Title I, Title II, and Title III of the federal Elementary and Secondary Education Act and pursuant to the federal Individuals with Disabilities Education Act. The local school system shall distribute funds to a local start-up charter school; provided, however, that by agreement between the local school system and the local start-up charter school, the proportionate amount of federal funds for which the local start-up charter school is eligible may be provided through the provision of in-kind services by the local school system. Local charter schools shall use any federal funds received pursuant to this subsection for the purposes of the federal program for which they were earned." "(c.3) Each local board of education that has one or more local charter schools shall publish in a prominent location on its website the calculation of earnings to each local charter school made pursuant to subsections (a), (b), and (c) of this Code section, including federal funds received by each local charter school. Such calculations shall be published as soon as practicable prior to the distribution of funds to the local charter school by the local board and shall be updated upon receipt of any additional federal funds received

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pursuant to state reallocation of federal funds and distributed to local charter schools. Such calculations may be published in conjunction with the financial and transparency information required to be published by local boards of education pursuant to Part 3A of Article 2 of Chapter 14 of Title 20. In the event that the Department of Education makes such calculations available on its website, a local board of education may post a link in a prominent location on its website to the Department of Education's web page which contains such calculations to comply with this subsection."

SECTION 4. Said title is further amended by revising Code Section 20-2-2068.2, relating to facilities fund for charter schools, purposes for which funds may be used, upkeep of charter school property, and availability of unused facilities, as follows:
"20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall disburse facilities grants for local charter schools, state chartered special schools, and state charter schools as defined in Code Section 20-2-2081 for the purpose of providing facility funding more comparable to traditional public schools in this state. (b) A charter school or state charter school may receive facilities grants if the charter school or state charter school has received final approval from the State Charter Schools Commission or from the state board for operation during that fiscal year. (c) A charter school's or state charter school's governing body may use facilities grants for the following purposes:
(1) Purchase of real property; (2) Construction of school facilities, including initial and additional equipment and furnishings; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school or state charter school; and (5) Renovation, repair, and maintenance of school facilities that the school owns or is purchasing through a lease-purchase or long-term lease of three years or longer. (d) The Department of Education shall specify procedures for submitting and approving grant requests under this Code section and for documenting expenditures. (e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the local school system to the same extent as other public schools in the local school system if the local board owns the charter school facility, unless otherwise agreed upon by the petitioner and the local board in the charter. Subject to appropriations by the General Assembly, the state board shall disburse annual facilities grants to eligible applicants in an amount of $100,000.00 or such other amount as determined by the state board. In the event that in any fiscal year sufficient funds are not appropriated to all eligible applicants or available to make the full amount of grants to all eligible applicants, the grant award to each eligible applicant may be determined on a competitive basis by the

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State Board of Education. Eligible applicants may receive one or more annual grants. Nothing in this Code section shall preclude the State Board of Education from administering or continuing any other facilities grant program for charter schools.
(f)(1) Prior to disbursing facilities grants, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to disbursing facilities grants, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (3) Prior to disbursing facilities grants, the Department of Education shall ensure that the governing board of the state charter school and the State Charter Schools Commission shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the State Charter Schools Commission in the event the state charter school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (h)(1) As used in this subsection, the term 'unused facilities' means real property of a local board of education, including educational facilities, as defined in Code Section 20-2-260, which have not been used by the local board of education for the previous two years and which are not included in the local school system's five-year educational facilities plan. (2) Each local board of education shall make its unused facilities available to local charter schools. The terms of the use of such a facility by the charter school shall be subject to negotiation between the board and the local charter school and shall be memorialized as a separate agreement. A local charter school that is allowed to use such a facility under such an agreement shall not sell or dispose of any interest in such property without the written permission of the local board. A local charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the local charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board. (3) Prior to denying the use by a local charter school of an unused facility, the local charter school shall have the right to a hearing before the local board of education in accordance with Code Section 20-2-1160, including the right to appeal an adverse local board decision.

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(i) No municipality, county, or other local political subdivision of this state may require the nonprofit corporation that holds the charter for a charter school that has passed the Department of Education facility inspection and holds a valid certificate of occupancy to obtain any other licensure to operate the school, including, but not limited to, a business license, professional license, or occupational tax certificate; provided, however, that any for profit vendor of the charter school shall be subject to any applicable local requirements relating to doing business in this state. Charter schools shall only be subject to the zoning, planning, and building permitting requirements that apply to traditional public schools when constructing or renovating a facility; provided, however, that the location of a charter school site shall be in conformity with existing county or city comprehensive land use plans, if applicable, or existing land use patterns in the area, which requirement shall not be waived by the State Board of Education."

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

Approved April 27, 2017.

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EDUCATION RECREATE AGRICULTURAL EDUCATION ADVISORY COMMISSION.

No. 34 (House Bill No. 437).

AN ACT

To amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to recreate the former Agricultural Education Advisory Commission which had been abolished by operation of law on December 31, 2016; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new Part 8 to read as follows:

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"Part 8

20-14-90. (a) There is created the Agricultural Education Advisory Commission.
(b)(1) The commission shall consist of three members of the House of Representatives to be appointed by the Speaker of the House, at least one of whom shall be from the House Committee on Agriculture and Consumer Affairs and at least one of whom shall be from the House Committee on Education; three members of the Senate to be appointed by the Senate Committee on Assignments, at least one of whom shall be from the Senate Agriculture and Consumer Affairs Committee and at least one of whom shall be from the Senate Education and Youth Committee; three members who are not members of the General Assembly to be appointed by the Governor; and three members who are not members of the General Assembly to be appointed by the State School Superintendent. (2) Vacancies in the commission shall be filled in the same manner as the original appointments.
(3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve two-year terms concurrent with those terms of legislative members of the commission. (C) The provisions of subparagraphs (A) and (B) of this paragraph notwithstanding, members of the commission appointed in 2017 or 2018 shall serve for initial terms which shall expire on the second Monday in January, 2019. (c) The Speaker of the House shall designate one of the commission members from the House of Representatives as a co-chairperson of the commission, and the Senate Committee on Assignments shall designate one of the commission members from the Senate as a co-chairperson of the commission. Each co-chairperson shall serve as such concurrent with his or her term as a member of the commission. (d)(1) The director of agricultural education for the Department of Education shall report annually to the commission regarding the conditions, needs, issues, and problems of the agricultural education program of the division. (2) The commission shall periodically review the conditions, needs, issues, and problems related to the agricultural education program of the division, issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (e)(1) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The commission shall meet upon the call of either co-chairperson. The commission shall meet at least once annually. (2) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any citizen members shall receive a daily expense allowance

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in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to the Department of Education. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually."

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

Approved April 27, 2017.

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EDUCATION HOPE GRANTS; DUAL CREDIT COURSEWORK; CAREGIVER
EDUCATIONAL CONSENT ACT.

No. 35 (Senate Bill No. 186).

AN ACT

To amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE grant, so as to provide that students who earned a high school diploma through certain dual credit coursework are eligible for a HOPE grant toward an associate degree; to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general education provisions, so as to provide for a kinship caregiver to give legal consent in the form of an affidavit for a child residing with such kinship caregiver to receive educational services and medical services directly related to academic enrollment and to participate in curricular or extracurricular activities for which parental consent is usually required; to provide a short title; to provide for definitions; to provide that falsifying a kinship caregiver's affidavit shall constitute false swearing; to provide an affidavit form; 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 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE grant, is amended by adding a new subsection to read as follows:
"(a.1) Notwithstanding subsection (a) of this Code section, a student seeking an associate degree at a branch of the Technical College System of Georgia who received a high school diploma pursuant to Code Section 20-2-149.2 through completion of:
(1) A technical college diploma program and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field; or (2) At least two technical college certificate of credit programs in one specific career pathway and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field as determined by the Technical College System of Georgia shall be eligible for a HOPE grant as long as he or she meets the residency requirements set forth in subsection (a) of Code Section 20-3-519.1 and the requirements of paragraphs (1) and (2) of subsection (a) of this Code section. The HOPE grant shall be used to cover the cost of up to 30 degree hours to obtain an associate degree."

SECTION 2. Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general education provisions, is amended by enacting a new article to read as follows:

"ARTICLE 1A 20-1-14. This article shall be known and may be cited as 'The Caregiver Educational Consent Act.'

20-1-15. (a) As used in this article, the term:
(1) 'Child' means any individual under 18 years of age. (2) 'Fictive kin' means an individual who is known to a child as a relative but is not in fact related by blood or marriage to such child and with whom such child has resided or had significant contact. (3) 'Kinship caregiver' means a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling, or fictive kin who has assumed responsibility for raising a child in an informal, noncustodial, or guardianship capacity upon the parents or legal custodians of such child:
(A) Losing or abdicating the ability to care for such child; or (B) Being unable to ensure that the child will attend school for reasons, including, but not limited to:

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(i) A parent or legal custodian being unable to provide care due to the death of a parent or legal custodian; (ii) A serious illness or terminal illness of a parent or legal custodian; (iii) The physical or mental condition of the parents or legal custodians such that proper care and supervision of the child cannot be provided; (iv) The incarceration of a parent or legal custodian; (v) The inability to locate the parents or legal custodians; (vi) The loss or uninhabitability of the child's home as the result of a natural disaster; or (vii) A period of active military duty of the parents or legal custodians exceeding 24 months. (4) 'Legal custodian' means a person that has been awarded permanent custody of a child by court order. (5) 'Parent' means the legal father or the legal mother of a child. (6) 'Reasonable efforts' means actions that a reasonable individual would find sufficient to determine whether one conclusion is more likely than the other.

20-1-16. (a) A kinship caregiver shall be authorized, on behalf of a child residing with the kinship caregiver, which child is not in the custody of the Division of Family and Children Services of the Department of Human Services, to give legal consent for such child to:
(1) Receive any educational services; (2) Receive medical services directly related to academic enrollment; or (3) Participate in any curricular or extracurricular activities for which parental consent is usually required by executing the affidavit described in Code Section 20-1-18. The affidavit shall not be valid for more than one year after the date on which it is executed. (b) Upon transmitting to a school an executed affidavit described in Code Section 20-1-18, the kinship caregiver shall serve as the school's point of contact for the child regarding truancy, discipline, and educational progress for as long as such affidavit shall continue to be in effect. (c) The decision of a kinship caregiver to consent to or refuse educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities for a child residing with the kinship caregiver shall be superseded by any contravening decision of a parent or a person having legal custody of the child, provided that the decision of the parent or legal custodian does not jeopardize the life, health, safety, or welfare of the child. (d) Reasonable efforts shall be made by the kinship caregiver to locate at least one of the child's parents prior to the notarization and submission of the affidavit set forth in Code Section 20-1-18.

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(e) Nothing in this Code section shall apply to, or give authority for, an abortion as provided in Code Section 15-11-682 or any other provision of law.

20-1-17. (a) No person that acts in good faith reliance on a properly executed kinship caregiver's affidavit, having no actual knowledge of any facts contrary to those stated in the affidavit, shall be subject to civil liability or criminal prosecution, or to professional disciplinary procedure, for any action which would have been proper if the facts had been as they believed them to be. This subsection shall apply even if educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities are rendered to a child in contravention of the wishes of the parent or legal custodian of such child; provided, however, that the person rendering the educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities shall not have actual knowledge of the wishes of the parent or legal custodian. (b) A person that relies on a properly executed kinship caregiver's affidavit has no obligation to make further inquiry or investigation. Nothing in this article shall relieve any person of responsibility for violations of other provisions of law, rules, or regulations. (c) If a child ceases to reside with a kinship caregiver for a period in excess of 30 days, such kinship caregiver shall, not later than 30 days after such period, notify all parties to whom he or she has transmitted the affidavit or to whom he or she has caused the affidavit to be transmitted. (d) Any individual who knowingly provides false information in executing the affidavit required by this article commits the offense of false swearing within the meaning of Code Section 16-10-71 and shall be subject to the penalties prescribed by such Code section.

20-1-18. (a) A kinship caregiver's affidavit shall be invalid unless it substantially contains, in not less than ten-point boldface type or a reasonable equivalent thereof, the form set forth in subsection (b) of this Code section. The warning statement shall be enclosed in a box with three-point rule lines. (b) The kinship caregiver's affidavit shall be substantially in the following form:

'KINSHIP CAREGIVER'S AFFIDAVIT

Use of this affidavit is authorized by O.C.G.A. Section 20-1-16.

INSTRUCTIONS: Please print clearly.

I hereby certify that the child named below lives in my home and I am 18 years of age or older.

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1. Name of child: _________________________________________________ 2. Child's date of birth: _____________________________________________ 3. My full name (kinship caregiver giving authorization): __________________ 4. My home address: _______________________________________________ 5. [ ] I am a kinship caregiver. 6. I have assumed kinship caregiver status because of one or more of the following circumstances (check at least one):
[ ] A parent being unable to provide care due to the death of the other parent; [ ] A serious illness or terminal illness of a parent; [ ] The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent; [ ] The incarceration of a parent; [ ] The loss or uninhabitability of the child's home as the result of a natural disaster; [ ] A period of active military duty of a parent exceeding 24 months; or [ ] I am unable to locate a parent or parents at this time to notify them of my intended authorization because (list reasons): _____________________________________________________________________ ____________________________________________________________________. 7. Names of parent(s) or legal custodian(s): _____________________________ 8. Address of parent(s) or legal custodian(s): ____________________________ 9. Phone numbers and email addresses of parent(s) or legal custodian(s): _________________________________________________________________ 10. Kinship caregiver's date of birth: ___________________________________ 11. Kinship caregiver's State of Georgia driver's license number or identification card number: ___________________________________ WARNING: DO NOT SIGN THIS FORM IF ANY OF THE STATEMENTS ABOVE ARE INCORRECT OR YOU WILL BE COMMITTING A CRIME PUNISHABLE BY A FINE, IMPRISONMENT, OR BOTH.

I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing.

_________________________ (Kinship caregiver's signature)

____________________________ (Kinship caregiver's printed name)

Sworn to and subscribed before me this ________ day of ______________, ____.

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___________________________ Notary public (SEAL) My commission expires: _____________.

NOTICES: 1. This declaration does not affect the rights of the named child's parent or legal guardian regarding the care, custody, and control of the child and does not mean that the kinship caregiver has legal custody of the child. 2. A person that relies on this affidavit has no obligation to make any further inquiry or investigation. 3. This affidavit is not valid for more than one year after the date on which it is executed.
ADDITIONAL INFORMATION:
TO KINSHIP CAREGIVERS: 1. If the child stops living with you for a period of more than 30 days, you are required to provide notice not later than 30 days after such period to anyone to whom you have given this affidavit as well as anyone of whom you have actual knowledge who received the affidavit from a third party. 2. If you do not have the information in item 11 of the affidavit (State of Georgia driver's license or identification card), you must provide another form of identification such as your social security number.
TO SCHOOL OFFICIALS: The school system may require additional reasonable evidence that the kinship caregiver resides at the address provided in item 4 of the affidavit. TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS: 1. No person that acts in good faith reliance upon a kinship caregiver's affidavit to render educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities, without actual knowledge of facts contrary to those stated in the affidavit, shall be subject to criminal prosecution or civil liability to any person, or subject to any professional disciplinary action, for such reliance if the applicable portions of the form are completed. 2. This affidavit does not confer dependency for health care coverage purposes.'
20-1-19. Nothing in this article shall be construed to supersede Article 4 of Chapter 9 of Title 19, the 'Power of Attorney for the Care of a Minor Child Act.'"

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

Approved April 27, 2017.

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EDUCATION STUDENT ASSESSMENTS; PROHIBIT EXCLUSION OF STUDENTS IN DUAL CREDIT COURSES FROM VALEDICTORIAN AND SALUTATORIAN DETERMINATIONS.

No. 36 (Senate Bill No. 211).

AN ACT

To amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to student assessments, so as to provide for consideration of local reading programs when establishing a research based formative assessment with a summative component for grades one and two; to pursue maximum flexibility under federal law for state and local assessments; to provide for a comparability study to determine and establish the concordance of nationally recognized academic assessments with content standards and assessments in grades nine through 12; to amend Code Section 20-2-161.3 of the Official Code of Georgia Annotated, relating to the "Move on When Ready Act" and dual credit courses, so as to prohibit local school systems from excluding students in dual credit courses from valedictorian or salutatorian determinations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to student assessments, is amended by revising subsection (a) and by adding a new subsection to read as follows:
"(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

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arts/reading and mathematics in grades one and two, subject to available appropriations. Such research based assessment shall be selected, after consultation with local school systems. Such research based assessment shall provide for real-time data analysis for students, teachers, school leaders, and parents; allow flexible grouping of students based on skill level; and measure student progress toward grade level expectations throughout the school year. 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 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 to establish and operate an innovative assessment system pursuant to 34 C.F.R. Section 200.104, the Department of Education may establish a pilot

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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."
"(t)(1) The State Board of Education shall direct the existing assessment workgroup to pursue maximum flexibility for state and local assessments under federal law. Such maximum flexibility shall include, but not be limited to, utilization of nationally recognized college and career ready high school assessments, provided that comparability can be established pursuant to paragraph (2) of this subsection, as well as application for innovative assessment demonstration authority, as provided for in 34 C.F.R. Section 200.104. The state board shall provide a report regarding such no later than September 1, 2017, to the State School Superintendent, Governor, Lieutenant Governor, Speaker of the House of Representatives, and the chairpersons of the Senate Education and Youth Committee and the House Committee on Education and shall post such report on the Department of Education website no later than September 1, 2017. (2) The State Board of Education shall conduct a comparability study to determine and establish the concordance of nationally recognized academic assessments, including, but not limited to, the SAT, ACT, and ACCUPLACER with alignment to state content standards in grades nine through 12. Such comparability study shall also determine whether the nationally recognized high school academic assessment provides data that are comparable to current end-of-course assessments and valid and reliable for all subgroups and whether the assessment provides differentiation between schools' performances as required by the state accountability plan. The state board shall initiate such study no later than July 1, 2017, and shall post such study on the Department of Education website and provide the study to the State School Superintendent, Governor, Lieutenant Governor, Speaker of the House of Representatives, and the chairpersons of the Senate Education and Youth Committee and the House Committee on Education upon completion of the federal review process."

SECTION 2. Code Section 20-2-161.3 of the Official Code of Georgia Annotated, relating to the "Move on When Ready Act" and dual credit courses, is amended by adding a new paragraph to subsection (f) to read as follows:
"(4) No local school system that receives funding under this article shall exclude eligible high school students taking one or more dual credit courses pursuant to this Code section from eligibility determinations for valedictorian and salutatorian of a participating eligible high school; provided, however, that this shall not apply to a high school student

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who moves into the local school system after his or her sophomore year and has not taken any courses on site at the participating eligible high school."

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 27, 2017.

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COURTS COMPENSATION OF CERTAIN JUDICIAL OFFICIALS.

No. 38 (House Bill No. 5).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change provisions relating to the compensation for certain judicial officials; to increase the number of days for travel to the judicial building in Atlanta for which a Supreme Court Justice or Court of Appeals Judge can receive a daily expense allowance; to change provisions relating to compensation of juvenile court judges; to correct a cross-reference; to provide for related matters; to provide for an effective date and a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (3) of subsection (b) of Code Section 15-2-3, relating to oath of Supreme Court Justices and compensation, as follows:
"(3) If a Justice resides 50 miles or more from the judicial building in Atlanta, such Justice shall also receive the same daily expense allowance as members of the General

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Assembly receive, as set forth in Code Section 28-1-8, for not more than 35 days during each term of court. Such days shall be utilized only when official court business is being conducted. All allowances provided for in this paragraph shall be paid upon the submission of proper vouchers."

SECTION 1-2. Said title is further amended by revising paragraph (3) of subsection (b) of Code Section 15-3-5, relating to oath of Court of Appeals Judges and compensation, as follows:
"(3) If a Judge resides 50 miles or more from the judicial building in Atlanta, such Judge shall also receive the same daily expense allowance as members of the General Assembly receive, as set forth in Code Section 28-1-8, for not more than 35 days during each term of court. Such days shall be utilized only when official court business is being conducted. All allowances provided for in this paragraph shall be paid upon the submission of proper vouchers."

PART II SECTION 2-1.

Said title is further amended by revising subsection (c) of Code Section 15-11-52, relating to terms and compensation of judges, as follows:
"(c) Out of funds appropriated to the judicial branch of government, the state shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(1) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state grant of $100,000.00; (2) In addition to the amount set forth in paragraph (1) of this subsection, each circuit which has more than four superior court judges shall be eligible for additional state grants in the amount of $25,000.00 per superior court judgeship exceeding four judges in such circuit; (3) In circuits where the superior court judges elect to use the state grant for one or more part-time judges, the amount of the state grant shall be as follows; provided, however, that such grant shall not exceed the amount the circuit is eligible to receive under paragraphs (1) and (2) of this subsection:

(A) For each part-time judge who works one day weekly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$20,000.00

(B) For each part-time judge who works two days weekly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(C) For each part-time judge who works three days weekly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40,000.00 60,000.00

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(D) For each part-time judge who works four days weekly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80,000.00; and

(4) All state grants provided by this subsection shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes."

SECTION 2-2. Said title is further amended by revising subsection (c) of Code Section 15-11-54, relating to the administration and expenses of juvenile courts, as follows:
"(c) Except for state grants provided by Code Section 15-11-52, all expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed."

PART III SECTION 3-1.

(a) This part and Part I of this Act shall become effective on July 1, 2017. (b) Part II of this Act shall become effective on July 1, 2017, only if funds are appropriated for purposes of Part II of this Act in an appropriations Act enacted at the 2017 regular session of the General Assembly. If funds are not so appropriated, then Part II of this Act shall not become effective and shall stand repealed on July 1, 2017.

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

Approved May 1, 2017.

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COURTS SHERIFF TO COLLECT AND DEPOSIT CERTAIN FEES.

No. 39 (House Bill No. 14).

AN ACT

To amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, so as to provide for the sheriff to collect and deposit certain fees; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, is amended by revising subsection (a) as follows:
"(a) In all counties in this state where the sheriff is paid on a salary only basis, this Code section shall apply as far as fees to be charged. Such fees shall be remitted to the county treasurer or fiscal officer of the county within 30 days of receipt. "

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

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

Approved May 1, 2017.

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PROFESSIONS AND BUSINESSES REAL ESTATE APPRAISERS AND REAL ESTATE BROKERS AND SALESPERSONS; DISCIPLINARY ACTIONS AND SANCTIONS FOR FAILURE TO PROVIDE NOTICE OF CERTAIN CONVICTIONS.

No. 40 (House Bill No. 39).

AN ACT

To amend Chapters 39A and 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers and real estate brokers and salespersons, respectively, so as to change certain provisions relating to disciplinary actions and sanctions permitted for failure of such real estate professionals to provide notification of convictions of certain offenses; to require notification of convictions within a certain time frame; to provide for revocation of a real estate professional's license or classification under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by revising subsection (i) of Code Section 43-39A-14, relating to conduct of applicants and grounds for refusal of classification, imposition of sanctions, and suspension or revocation of classification, as follows:
"(i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser shall notify the board of that conviction within ten days from the date of the conviction. Such appraiser's appraiser classification may be revoked by the board 60 days after the conviction unless the appraiser has made a written request to the board for a hearing during that 60 day period. Following any such hearing, the board in its discretion may impose upon such appraiser any disciplinary action or sanction permitted by this chapter or impose no disciplinary action or sanction. If an appraiser fails to make a written request for a hearing during the 60 day period after the conviction, then the board, upon discovery of the conviction, shall have the option of revoking the appraiser's appraiser classification without the appraiser being entitled to a hearing or the board in its discretion may impose upon such appraiser any other disciplinary action or sanction permitted by this chapter or impose no disciplinary action or sanction."

SECTION 2. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by revising subsection (i) of Code Section 43-40-15, relating to grant of licenses, grounds for suspension or revocation of license, other sanctions, surrender or lapse, and conviction, as follows:
"(i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, such licensee shall notify the commission of that conviction within ten days from the date of the conviction. Such licensee's license may be revoked by the commission 60 days after the licensee's conviction unless the licensee has made a written request to the commission for a hearing during that 60 day period. Following any such hearing, the commission in its discretion may impose upon such licensee any disciplinary action or sanction permitted by this chapter or impose no disciplinary action or sanction. If a licensee fails to make a written request for a hearing during the 60 day period after the conviction, then the commission, upon discovery of the conviction, shall have the option of revoking the licensee's license without the licensee being entitled to a hearing or the commission in its discretion may impose upon such licensee any other disciplinary action or sanction permitted by this chapter or impose no disciplinary action or sanction."

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

Approved May 1, 2017.

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PROFESSIONS AND BUSINESSES QUALIFICATIONS FOR EXAMINATION OR CERTIFICATE OF REGISTRATION AS AN ARCHITECT; ALLOW CERTAIN STUDENTS TO TAKE EXAMINATION.

No. 41 (House Bill No. 41).

AN ACT

To amend Chapter 4 of Title 43 of Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to architects, so as to change the qualifications of applicants for examination or certificate of registration as an architect, so as to allow certain students to take such examination; to provide for the promulgation of certain rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by revising Code Section 43-4-11, relating to qualifications of applicants for examination or certificate of registration as an architect, as follows:
"43-4-11. (a) Any person may apply to the board for such examinations as are required for certification under this article if qualified as set forth in subsection (b) of this Code section, or any person who has been registered as an architect by another jurisdiction may apply for a certificate of registration if qualified as set forth in subsection (c) of this Code section. No person shall be eligible for registration as an architect who has been found by the board to have committed any of the acts set forth in this article for which an architect's certificate might be revoked or suspended unless that individual establishes to the satisfaction of the board that he or she has fully reformed. (b) The examinations shall be the examinations prepared and graded by the National Council of Architectural Registration Boards (NCARB). The candidate for examination shall submit to the board satisfactory evidence of one of the following qualifications:
(1)(A)(i) A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board; or (ii) Active participation in a National Council of Architectural Registration Boards accepted Integrated Path to Architectural Licensure option within a National Architectural Accrediting Board accredited professional degree program in architecture; and

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(B) Practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate; (2) A minimum of ten years' practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examination shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this paragraph shall be admitted as a candidate for examination; or (3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 2004. After July 1, 2004, all candidates for examination shall meet the requirements of paragraph (1) of this subsection. (c) The applicant for a certificate of registration who has been registered as an architect by another jurisdiction shall hold a National Council of Architectural Registration Boards certificate and a certificate of registration in such other jurisdiction, both of which shall be current and in good standing in order to meet the requirements of this subsection. (d) The board may require applicants under subsection (c) of this Code section to provide such other evidence as the board may require to demonstrate knowledge of professional practice. (e) No certificate of registration shall be issued to an applicant under this article, if he or she was a candidate for examination under the provisions of paragraph (1) of subsection (b) of this Code section, unless and until such applicant for certification shows the board satisfactory evidence of a professional degree in architecture from a school or college approved by the National Architectural Accrediting Board. (f) The board may promulgate such rules and regulations as may be reasonable and necessary for the administration and enforcement of this Code section."

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

Approved May 1, 2017.

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ANIMALS UPDATE LICENSE AND SURETY REQUIREMENTS OF LIVESTOCK DEALERS AND LIVESTOCK MARKET OPERATORS;
PUBLICATION OF DULY LICENSED DEALERS AND OPERATORS; ELIMINATE CERTAIN REPORTS.

No. 42 (House Bill No. 49).

AN ACT

To amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; 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 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, is amended by revising Code Section 4-6-1, relating to definitions relative to livestock dealers, as follows:
"4-6-1. As used in this chapter, the term:
(1) 'Cash' includes only currency, cashier's checks, and money orders. (2) 'Dealer' means any person or agent of such person who engages in or facilitates, including by electronic means, the business of buying, selling, exchanging, or otherwise transferring ownership of livestock within this state for his or her own account or for that of another; provided, however, that the term 'dealer' shall not include:
(A) Farmers acquiring livestock solely for the purpose of grazing and feeding as a part of their farm operations; (B) Packers whose total annual purchases of livestock are less than $50,000.00 who buy only from licensed dealers and licensed sales establishments'; (C) Persons selling only livestock of their own production or buying only for their own production; or (D) Persons auctioning livestock on behalf of a third party. (3) 'Livestock' means cattle, swine, equines, sheep, and goats of all kinds and species.

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(4) 'Livestock market operator' means any person engaged in the business of operating a sales establishment, public auctions or sales of livestock, or barns and yards for the containment of livestock held for the purpose of auction or sale. (5) 'Person' means any person, firm, corporation, association, cooperative, or combination thereof. (6) 'Sales establishment' means any yard, barn, or other premises where livestock is sold at auction. (7) 'Surety' means a letter of credit, certificate of deposit, or other written instrument issued or executed by a lending institution or bonding, surety, or insurance company licensed to do business in this state, guaranteeing the faithful performance of the terms of the contract of purchase, including the payment of the purchase price of all livestock purchased by the holder of such instrument, made payable to the Commissioner for the benefit of persons sustaining loss resulting from the nonpayment of the purchase price or the failure to fulfill the terms of the contract of purchase."

SECTION 2. Said chapter is further amended by revising Code Section 4-6-2, relating to the sale, auction, transfer, or movement of infected livestock, as follows:
"4-6-2. No dealer or livestock market operator shall sell, auction, transfer, or move any livestock which are infected with any disease or which have been placed under quarantine by the authority of the Commissioner. Until all such livestock have been inspected by a veterinarian approved by the Commissioner, no dealer or livestock market operator shall sell, auction, transfer, or move any livestock which have been infected, which are suspected of being infected, or which are likely to have been exposed to infection. No dealer or livestock market operator shall sell, auction, transfer, or move any livestock from any barn, yard, or premises unless all sanitary practices and precautions prescribed by the rules and regulations of the Commissioner have been observed in the premises, barn, or yard."

SECTION 3. Said chapter is further amended by revising Code Section 4-6-3, relating to livestock dealer licenses, as follows:
"4-6-3. (a) No livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. The triennial fee for a livestock market operator license shall be proportionate to the surety acquired by such operator, but shall not exceed $200.00. (b) No dealer who buys or sells through a livestock market operator or directly from producers shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. The triennial fee for a dealer license shall be no more than $25.00.

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(c) No license shall be issued to any person pursuant to this Code section unless the applicant therefor furnishes to the Commissioner the surety required under this article and such surety is approved by the Commissioner. Any and all surety applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a surety shall become unauthorized to do business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such sureties shall be conditioned to secure the faithful performance of a person's obligations as a livestock market operator or dealer under this article and the rules and regulations prescribed pursuant thereto. If the surety of a dealer or livestock market operator is canceled, then the license of such person shall immediately be revoked by operation of law without notice or hearing."

SECTION 4. Said chapter is further amended by revising Code Section 4-6-4, relating to cancellation, revocation, or suspension of licenses, as follows:
"4-6-4. Every licensed dealer and livestock market operator who shall violate this chapter or rules and regulations established by the Commissioner pursuant to this chapter shall have his or her license revoked, canceled, or suspended, upon a notice and hearing."

SECTION 5. Said chapter is further amended by revising Code Section 4-6-5, relating to maintenance of records, as follows:
"4-6-5. No dealer or livestock market operator shall buy, store, or otherwise receive any livestock without first recording the name and address of the person or persons bringing in the livestock and recording the license tag number of the vehicle used to transport the livestock."

SECTION 6. Said chapter is further amended by revising Code Section 4-6-10, relating to penalties for violations, as follows:
"4-6-10. (a) Any dealer or livestock market operator who violates any of the provisions of this chapter, any quarantine provision, or any rule or regulation established by the Commissioner under the authority of this or any other law for the protection of the general public in the prevention of livestock diseases shall be guilty of a misdemeanor. (b) Any dealer or livestock market operator who violates Code Section 4-6-5, relating to maintenance of records, for a third or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than three years, or both, and any person so

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convicted shall have any license issued under this article permanently revoked and shall be ineligible to apply for a subsequent license under this article. (c) Any dealer or livestock market operator who violates Code Section 4-6-2, relating to the sale, auction, or transfer of infected livestock, or Code Section 4-6-6, relating to quarantines, for the third or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than three years, or both, and any person so convicted shall have any license issued under this article permanently revoked and shall be ineligible to apply for a subsequent license under this article."

SECTION 7. Said chapter is further amended by adding a new Code section to read as follows:
"4-6-12. The Commissioner shall publish in print or electronically the names and locations of duly licensed dealers and livestock market operators."

SECTION 8. Said chapter is further amended by revising Code Section 4-6-42, relating to surety bonds generally, as follows:
"4-6-42. No person shall operate a sales establishment for the sale of livestock at auction unless he or she has then in force a surety in an amount established in a memorandum of agreement with the department sufficient to secure the performance of the obligations of the holder of such surety."

SECTION 9. Said chapter is further amended by revising Code Section 4-6-43, relating to surety bonds relative to dealers and brokers generally, as follows:
"4-6-43. (a) No dealer shall purchase livestock at any sales establishment or directly from producers unless he or she has then in force a surety in an amount established in a memorandum of agreement with the department sufficient to secure the performance of the obligations of the holder of such surety. (b) This Code section shall not be applicable to nor shall a surety be required of a dealer who purchases livestock at sales establishments for cash only. No livestock market operator shall permit a dealer who is not properly licensed and holding surety to purchase livestock other than for cash."

SECTION 10. Said chapter is further amended by repealing in its entirety Code Section 4-6-44, relating to calculation of bonds, and designating said Code section as reserved.

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SECTION 11. Said chapter is further amended by repealing in its entirety Code Section 4-6-49, relating to annual sale and purchase reports and proof of bonding requirements, and designating said Code section as reserved.

SECTION 12. Said chapter is further amended by revising Code Section 4-6-49.1, relating to denial of licenses and required statements and records, as follows:
"4-6-49.1. (a) No license shall be issued to or allowed to be maintained by any sales establishment or dealer if:
(1) Any beneficial interest in the business of the sales establishment or dealer is directly or indirectly owned by a defaulter; or (2) Any defaulter is employed in a management position by the sales establishment or dealer. (b) As used in this Code section, the term 'defaulter' means any person who has, within the past five years, been employed in a managerial position by or owned any beneficial interest in the business of a sales establishment or dealer and such business has ceased operations without satisfying all liabilities of the business either from assets of the business or from any surety. (c) The Commissioner shall have full authority to require disclosure from licensees and applicants of information sufficient to determine whether the licensee or applicant is qualified to be licensed under this Code section. The Commissioner shall have full authority to examine the records and accounts of all licensees in order to determine whether any proceeds of the business are being paid to any defaulter. (d) This Code section shall not prohibit the Commissioner from allowing a defaulter to operate as a dealer who purchases livestock for cash only. (e) All applicants for licensure shall submit to the Commissioner a current financial statement, and all licensees shall submit a current financial statement annually."

SECTION 13. Said chapter is further amended by revising Code Section 4-6-52, relating to special sales, as follows:
"4-6-52. (a) As used in this Code section, 'special sale' means any livestock sale, except a regular sale at an establishment and any sale by a farmer of livestock owned by the farmer, with payment made directly to the farmer. (b) The Commissioner is authorized to prescribe rules and regulations for the operation of special sales. No person shall hold a special sale without obtaining a permit therefor from the Commissioner or his or her duly authorized representative, which shall be granted without charge upon submission of proof satisfactory to the Commissioner that the person

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applying for the permit has procured a surety in an amount equal to one-fourth of the anticipated proceeds of the sale; provided, however, that such surety shall be not less than $10,000.00 and not more than $150,000.00. (c) Associations holding sales of animals consigned by members of the association only shall not be required to procure a surety if the directors of the association accept full responsibility for financial obligations of sale and release the Commissioner, in writing, from any responsibility. (d) Georgia 4-H clubs and Georgia Future Farmers of America chapters shall not be required to procure a surety."

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

Approved May 1, 2017.

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ANIMALS LIABILITY PROTECTION FOR CERTAIN ACTIVITIES RELATED TO LIVESTOCK; LIMITATIONS.

No. 43 (House Bill No. 50).

AN ACT

To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for liability protection for certain activities related to livestock; to provide for limitations; 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 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising Chapter 12, relating to injuries from equine or llama activities, as follows:

"CHAPTER 12

4-12-1. The General Assembly recognizes that persons who participate in equine activities, livestock activities, or llama activities may incur injuries as a result of the risks involved

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in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities, livestock activities, and llama activities by limiting the civil liability of those involved in such activities.

4-12-2. As used in this chapter, the term:
(1) 'Engages in a llama activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon a llama, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in a llama activity' does not include being a spectator at a llama activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the llama activity. (2) 'Engages in an equine activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in an equine activity' does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity. (3) 'Equine' means a horse, pony, mule, donkey, or hinny. (4) 'Equine activity' means:
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting; (B) Equine training or teaching activities, or both; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (E) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (F) Placing or replacing horseshoes on an equine; and (G) Examining or administering medical treatment to an equine by a veterinarian. (5) 'Equine activity sponsor' means an entity which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college sponsored classes, programs, and activities;

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therapeutic riding programs; and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (6) 'Equine professional' means an entity engaged for compensation in:
(A) Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; (B) Renting equipment or tack to a participant; or (C) Examining or administering medical treatment to an equine as a veterinarian. (7) 'Inherent risks of animal activities' means those dangers or conditions which are an integral part of equine activities, livestock activities, or llama activities, as the case may be, including, but not limited to: (A) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (B) The unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (C) Certain hazards such as surface and subsurface conditions; (D) Collisions with other animals or objects; and (E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (7.1) 'Livestock' means swine, cattle, sheep, and goats. (7.2) 'Livestock activity' means any event in which participants are engaged in the grazing, herding, feeding, branding, boarding, milking, inspecting, or evaluating of livestock, or taking part in any other activity that involves the care or maintenance of livestock wherein such participants are not charged a fee for their participation, unless such fees charged are used exclusively for educational, scholarship, or training purposes for participants who are 23 years of age or younger; the care and maintenance of the equipment, tack, or livestock in use during such participation; or for facility overhead costs. (7.3) 'Livestock activity sponsor' means an entity sponsoring, organizing, or providing facilities for a livestock activity, and includes all employees of such entity. (7.4) 'Livestock facility' means a property or facility at which a livestock activity is held. (7.5) 'Livestock professional' means an entity owning livestock that is involved in a livestock activity. (8) 'Llama' means a South American camelid which is an animal of the genus lama, commonly referred to as a 'one llama,' including llamas, alpacas, guanacos, and vicunas. (9) 'Llama activity' means: (A) Llama shows, fairs, competitions, performances, packing events, or parades that involve any or all breeds of llamas; (B) Using llamas to pull carts or to carry packs or other items; (C) Using llamas to pull travois-type carriers during rescue or emergency situations;

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(D) Llama training or teaching activities or both; (E) Taking llamas on public relations trips or visits to schools or nursing homes; (F) Participating in commercial packing trips in which participants pay a llama professional to be a guide on a hike leading llamas; (G) Boarding llamas; (H) Riding, inspecting, or evaluating a llama belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the llama or is permitting a prospective purchaser of the llama to ride, inspect, or evaluate the llama; (I) Using llamas in wool production; (J) Rides, trips, or other llama activities of any type however informal or impromptu that are sponsored by a llama activity sponsor; and (K) Trimming the nails of a llama. (10) 'Llama activity sponsor' means an entity which sponsors, organizes, or provides the facilities for a llama activity, including, but not limited to, llama clubs; 4-H clubs; hunt clubs; riding clubs; school and collegesponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of llama facilities, including, but not limited to, stables, clubhouses, fairs, and arenas at which the activity is held. (11) 'Llama professional' means an entity engaged for compensation: (A) In instructing a participant or renting to a participant a llama for the purpose of riding, driving, or being a passenger upon the llama; or (B) In renting equipment or tack to a participant. (12) 'Participant' means any person, whether amateur or professional, who engages in an equine activity, a livestock activity, or a llama activity, whether or not a fee is paid to participate in such activity.

4-12-3. (a) Except as provided in subsection (b) of this Code section, an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of animal activities and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of animal activities during the course of any equine activity, livestock activity, or llama activity.

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(b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person if the equine activity sponsor, equine professional, livestock activity sponsor, livestock professional, owner of the livestock facility, llama activity sponsor, llama professional, or person:
(1)(A) Provided equipment or tack for the activity, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it caused the injury; (B) Provided the animal and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the activity and to safely manage the particular animal based on the participant's representations of his or her ability; or (C) With respect to livestock activities, provided the livestock and failed to make reasonable efforts to determine the propensity of the particular livestock to cause harm or failed to make reasonable efforts to determine the ability of the participant to engage safely in the activity based on the participant's representations of his or her ability and based on propensity of the particular livestock to cause harm; (2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional, livestock activity sponsor, livestock professional, owner of a livestock facility, llama activity sponsor, llama professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, llama activity sponsor, or llama professional under liability provisions as set forth in the products liability laws. (d) Nothing in this Code section nor any provision of the laws of this State recognizing equine activity, livestock activity, or llama activity as inherently dangerous shall serve as a basis for liability on the part of any person who encourages, promotes, or instructs others in equine activities, livestock activities, or llama activities.

4-12-4. (a) Every equine professional and every equine activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional or the equine activity sponsor conducts equine activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign

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in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on the business location or site of the equine professional or the equine activity sponsor, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice:
WARNING Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this chapter.

4-12-5. (a) Every llama professional and every llama activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, pens, or arenas where the llama professional or the llama activity sponsor conducts llama activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a llama professional or by a llama activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or a llama to a participant, whether or not the contract involves llama activities on the business location or site of the llama professional or the llama activity sponsor, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice:
WARNING Under Georgia law, a llama activity sponsor or llama professional is not liable for an injury to or the death of a participant in llama activities resulting from the inherent risks of animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent a llama activity sponsor or llama professional from invoking the privileges of immunity provided by this chapter.

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4-12-6. (a) Every livestock activity sponsor, livestock professional, and owner of a livestock facility shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the livestock activity sponsor conducts livestock activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a livestock activity sponsor, livestock professional, or livestock owner for the providing of professional services, instruction, or the rental of equipment, tack, or livestock to a participant, whether or not the contract involves livestock activities on the business location or site of such livestock activity sponsor, livestock professional, or livestock owner, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice:
WARNING Under Georgia law, a livestock activity sponsor, livestock professional, or owner of a livestock facility is not liable for an injury to or the death of a participant in livestock activities resulting from the inherent risks of animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent a livestock activity sponsor, livestock professional, or owner of a livestock facility from invoking the privileges of immunity provided by this chapter.

4-12-7. Nothing in this chapter shall be construed so as to abrogate or otherwise affect the provisions of Chapter 3 of this title."

SECTION 2. This Act shall become effective on July 1, 2017, and shall not apply to any cause of action arising prior to such date.

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

Approved May 1, 2017.

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MOTOR VEHICLES AND TRAFFIC UPDATE REFERENCE DATE FOR FEDERAL REGULATIONS REGARDING SAFE OPERATION OF MOTOR CARRIERS AND COMMERCIAL MOTOR VEHICLES.

No. 44 (House Bill No. 58).

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, 2017."

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

Approved May 1, 2017.

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INSURANCE CHANGE LIFE RISK-BASED CAPITAL TREND TEST TO COMPLY WITH ACCREDITATION STANDARDS.

No. 45 (House Bill No. 74).

AN ACT

To amend Code Section 33-56-3 of the Official Code of Georgia Annotated, relating to company action level events, preparation and submission of risk-based capital level plan, so as to change the life risk-based capital trend test in order to comply with accreditation standards; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-56-3 of the Official Code of Georgia Annotated, relating to company action level events, preparation and submission of risk-based capital level plan, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) The filing of an RBC report by an insurer which indicates that: (A) The insurer's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC; (B) If a life and health insurer, the insurer has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 3.0 and has a negative trend; (C) If a property and casualty insurer, the insurer has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 3.0 and triggers the trend test determined in accordance with the trend test calculation included in the property and casualty RBC instructions; or (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;
(2) The notification by the Commissioner to the insurer of an adjusted RBC report that indicates an event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; or (3) If, pursuant to Code Section 33-56-7, an insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, the notification by the

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Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge."

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

Approved May 1, 2017.

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RETIREMENT AND PENSIONS INVESTMENTS BY GEORGIA FIREFIGHTERS' PENSION FUND.
No. 46 (House Bill No. 83).
AN ACT
To amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems investment authorities law, so as to provide that the Georgia Firefighters' Pension Fund may invest up to 10 percent of the total assets of its fund in real estate and 10 percent of the total assets of its fund in alternative investments; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems investment authorities law, is amended by revising subsection (b) of Code Section 47-20-83, relating to certificated or uncertificated forms of investment and real estate investments, as follows:
"(b)(1) Notwithstanding the provisions of subsection (a) of this Code section, the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members for the pooling of assets may invest up to 10 percent of the total assets of its fund in real estate; provided, however, that in the event the fund's assets decrease in value, the association shall be entitled to retain all real estate investments if owned prior to the reduction in value of assets; and provided, further, that any such association shall be entitled to retain all real estate assets it owned on July 1, 1999, without regard to the limitation imposed by this subsection.

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(2) Notwithstanding the provisions of subsection (a) of this Code section, the Georgia Firefighters' Pension Fund may invest up to 10 percent of the total assets of its fund in real estate; provided, however, that in the event the fund's assets decrease in value, the fund shall be entitled to retain all real estate investments if owned prior to the reduction in value of assets."

SECTION 2. Said article is further amended by revising subsection (d) of Code Section 47-20-87, relating to eligible large retirement systems authorized to invest in certain alternative investments, as follows:
"(d)(1)(A) Alternative investments by an eligible large retirement system shall not in the aggregate exceed 5 percent of the eligible large retirement system's assets at any time. (B) Notwithstanding subparagraph (A) of this paragraph, alternative investments by the Georgia Firefighters' Pension Fund shall not in the aggregate exceed 10 percent of its assets at any time. (2) The board of trustees of an eligible large retirement system shall have the discretion to designate whether any investment that is permitted to be made as an alternative investment pursuant to this Code section and that is also permitted to be made as an investment pursuant to Code Section 47-20-83 shall be treated for purposes of the 5 percent or 10 percent limitation and otherwise as an alternative investment made pursuant to this Code section or as an investment made pursuant to Code Section 47-20-83. (3) If an eligible large retirement system is not in compliance with the limitations imposed by this subsection, it shall make a good faith effort to come into compliance within two years and in any event as soon as practicable thereafter; provided, however, that during any period of noncompliance, the eligible large retirement system shall not increase the percentage of its assets committed to be invested in alternative investments but shall be permitted during such period to continue to make investments as required by the then existing commitments of the eligible large retirement system to alternative investments made before the period of noncompliance."

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

Approved May 1, 2017.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS MULTIPLE YEAR REGISTRATIONS FOR CERTAIN TYPES OF BUSINESS ORGANIZATIONS; ALLOW NONPROFIT CORPORATION ORGANIZED IN FOREIGN JURISDICTION TO CHANGE JURISDICTION TO THIS STATE AND VICE VERSA.

No. 47 (House Bill No. 87).

AN ACT

To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for multiple-year registrations and changes in jurisdiction of organization for certain types of business organizations; to provide for the adoption of rules and regulations by the Secretary of State as necessary to implement a multiple-year registration process; to allow for a nonprofit corporation organized in a foreign jurisdiction to change its jurisdiction of organization to this state; to allow for a nonprofit corporation organized in this state to change its jurisdiction of organization to a foreign jurisdiction; 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:

PART I SECTION 1-1.

Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by adding a new Code section to read as follows:
"14-2-121.1. Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under this chapter to be valid for a period up to and including three years. The Secretary of State is authorized to adopt the necessary rules and regulations to implement such a registration process."

SECTION 1-2. Said title is further amended by adding a new Code section to read as follows:
"14-3-120.1. Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under this chapter to be valid for a period up to and including

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three years. The Secretary of State is authorized to adopt the necessary rules and regulations to implement such a registration process."

SECTION 1-3. Said title is further amended by adding a new Code section to read as follows:
"14-4-180.1 Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under Code Section 14-4-180 to be valid for a period up to and including three years. The Secretary of State is authorized to adopt the necessary rules and regulations to implement such a registration process."

SECTION 1-4. Said title is further amended by adding a new Code section to read as follows:
"14-5-11.1. Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under Code Section 14-5-11 to be valid for a period up to and including three years. The Secretary of State is authorized to adopt the necessary rules and regulations to implement such a registration process."

SECTION 1-5. Said title is further amended by adding a new Code section to read as follows:
"14-8-56.1. Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under this chapter to be valid for a period up to and including three years. The Secretary of State is authorized to adopt the necessary rules and regulations to implement such a registration process."

SECTION 1-6. Said title is further amended by adding a new Code section to read as follows:
"14-9-206.9. Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under this chapter to be valid for a period up to and including three years. The Secretary of State is authorized to adopt the necessary rules and regulations to implement such a registration process."

SECTION 1-7. Said title is further amended by adding a new Code section to read as follows:
"14-11-1103.1. Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under this chapter to be valid for a period up to and including

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three years. The Secretary of State is authorized to adopt the necessary rules and regulations to implement such a registration process."

PART II SECTION 2-1.

Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, is amended by adding a new article to read as follows:

"ARTICLE 11A

14-3-1120. (a) By complying with this Code section, a foreign corporation may become a corporation if the law of the foreign jurisdiction authorizes domestication, redomestication, reincorporation, conversion, or a similar statutory procedure to become a corporation. (b) To become a corporation, a foreign corporation shall elect to become a corporation. Such election shall require such approval as may be sufficient under applicable law or the governing documents of the electing foreign corporation to authorize such election. (c) The election provided for under subsection (b) of this Code section shall be made by delivering to the Secretary of State for filing a certificate of conversion and accompanying articles of incorporation that comply with Code Section 14-3-202. Such certificate shall set forth:
(1) The name and jurisdiction of the converting foreign corporation; provided, however, that the name of the converting foreign corporation shall meet the requirements of Code Section 14-3-401, including, but not limited to, situations when the name of the converting foreign corporation is unavailable for use in Georgia or the converting foreign corporation desires to change its name in connection with the conversion; (2) A statement that the converting foreign corporation elects to become a corporation; (3) If later than the date and time the certificate of conversion is filed, the effective date, or the effective date and time, of the conversion; (4) A statement that the election has been approved as required by subsection (b) of this Code section; and (5) A statement that the articles of incorporation accompanying the certificate:
(A) Are in the form required by Code Section 14-3-202; (B) Set forth the name of the corporation that satisfies the requirements of Code Section 14-3-401; and (C) Are the articles of incorporation of the corporation formed pursuant to such election unless and until modified in accordance with this chapter. (d) Upon the conversion provided for in this Code section becoming effective: (1) The converting foreign corporation shall become a corporation formed under this chapter, provided that the existence of the corporation so formed shall be deemed to have

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commenced on the date the converting foreign corporation commenced its existence in the jurisdiction in which such foreign corporation was first created, formed, or incorporated or otherwise came into being; (2) The articles of incorporation filed with the certificate of conversion shall be the articles of incorporation of the corporation formed pursuant to such conversion unless and until amended in accordance with this chapter; (3) The governing documents of the converting foreign corporation shall be of no further force or effect; (4) The resulting corporation formed by such conversion shall retain all of the rights, privileges, immunities, franchises, and powers of the converting foreign corporation; all property, real, personal, and mixed; all contract rights; and all debts due to such converting foreign corporation, as well as all other choses in action; and each and every other interest of or belonging to or due to the converting foreign corporation shall be taken and deemed to be vested in the resulting corporation without further act or deed. The title to any real estate, or any interest therein, vested in the converting foreign corporation shall not revert or be in any way impaired, and none of such items shall be deemed to have been conveyed, transferred, or assigned for any purpose; and (5) The resulting corporation shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the converting foreign corporation. Any claim existing or action or proceeding pending by or against such converting foreign corporation may be prosecuted as if such conversion had not become effective, and neither the rights of creditors nor any liens upon the property of the converting foreign corporation shall be impaired. (e) A conversion pursuant to this Code section shall not be deemed to constitute a dissolution of the converting foreign corporation and shall constitute a continuation of the existence of the converting foreign corporation in the form of a corporation. A corporation formed by a conversion pursuant to this Code section shall for all purposes be deemed to be the same entity as the converting foreign corporation. (f) A corporation formed pursuant to this Code section shall file a copy of its certificate of conversion, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such corporation is located and record such certified copy of the certificate of conversion in the books kept by such clerk for recordation of deeds in such county with the converting foreign corporation indexed as the grantor and the resulting corporation indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to the recordation of such certificate of conversion.

14-3-1121. (a) By complying with this Code section, a corporation may become a foreign corporation if the law of the foreign jurisdiction authorizes domestication, redomestication,

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reincorporation, conversion, or a similar statutory procedure to become a foreign corporation. (b) To become a foreign corporation, a corporation shall convert to a foreign corporation, and to effect such conversion, the corporation shall adopt and file with the Secretary of State a certificate of conversion as required by subsection (n) of this Code section. (c) To be adopted by a corporation, the certificate of conversion provided for in subsection (b) of this Code section must be approved:
(1) By the board; (2) By the members, if any, but only if and to the extent that members are entitled to vote on the conversion under the corporation's articles or bylaws, except as provided for under subsection (h) of this Code section; and (3) In writing by any person or persons whose approval is required by a provision of the articles authorized by Code Section 14-3-1030 for an amendment to the articles or bylaws. (d) If the corporation does not have members or if the members are not entitled to vote on the conversion, then, unless otherwise provided for in the corporation's articles or bylaws, the certificate of conversion shall be approved by a majority of the directors in office at the time the certificate of conversion is adopted. The corporation shall provide notice as provided for in subsection (b) of Code Section 14-3-822 of any directors' meeting at which adoption of the certificate of conversion will be considered. Such notice shall also state that the purpose, or one of the purposes, of such meeting is for consideration of the adoption of the certificate of conversion. (e) The board may condition its adoption of the certificate of conversion, and the members may condition their approval of the adoption of the certificate of conversion, on the receipt of a higher percentage of affirmative votes or on any other basis. (f) If the corporation is required or seeks to have adoption of the certificate of conversion approved by the members at a membership meeting, the corporation shall give notice to its members of the membership meeting in accordance with Code Section 14-3-705. Such notice shall state that the purpose, or one of the purposes, of the meeting is to consider the adoption of the certificate of conversion pursuant to which the corporation will convert into a foreign corporation and shall contain or be accompanied by a copy of the certificate of conversion. Such notice shall conspicuously identify any adverse change to the rights of members that would result from the conversion, including, but not limited to, any adverse change to the rights of members under the law of the foreign jurisdiction applicable to the proposed foreign corporation. Such notice shall also include a copy or summary of the articles of incorporation, bylaws, and any other similar governing documents of the proposed foreign corporation that will become effective upon the conversion. (g) If the certificate of conversion may be approved by the members by written consent or written ballot, including consent or ballot by electronic transmission, any material soliciting such approval shall contain or be accompanied by a copy of the certificate of conversion. Such material shall conspicuously identify any adverse change to the rights

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of members that would result from the conversion, including, but not limited to, any adverse change to the rights of members under the law of the foreign jurisdiction applicable to the proposed foreign corporation. Such material shall also include a copy or summary of the articles of incorporation, bylaws, and any other similar governing documents of the proposed foreign corporation that will become effective upon the conversion. (h) Voting by members or classes of members is required to approve the adoption of a certificate of conversion if the conversion will implement any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws of the corporation, would entitle the members or classes of members to vote on such proposed amendment under Code Sections 14-3-1003, 14-3-1004, 14-3-1021, or 14-3-1022. In such circumstances, the corporation shall comply with subsection (f) or (g) of this Code section, as applicable, with respect to the members or classes of members entitled to vote. Furthermore, the certificate of conversion may be adopted if it is approved by the members or classes of members entitled to vote in the same manner as would be required to approve such proposed amendment or, if the articles or bylaws do not specify how the members or classes of members vote to approve such proposed amendment, by two-thirds of the votes cast or a majority of the voting power, whichever is less. (i) A corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 must give written notice to the Attorney General, including a copy of the proposed certificate of conversion and a copy or summary of the articles of incorporation and bylaws, or similar governing documents, of the proposed foreign corporation that will become effective upon the conversion at least 30 days before the certificate of conversion is filed in accordance with subsection (n) of this Code section. (j) Any of the terms of the certificate of conversion may be made dependent upon facts ascertainable outside of the certificate of conversion, provided that the manner in which such facts shall operate upon the terms of the conversion is clearly and expressly set forth in the certificate of conversion. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (k) After a certificate of conversion has been adopted, unless the certificate of conversion provides otherwise, and at any time before the conversion has become effective, the conversion may be abandoned, subject to any contractual rights, in accordance with the procedure set forth in the certificate of conversion or, if none is set forth, in the manner determined by the board of directors. (l) The conversion shall be effected as provided in, and shall have the effects provided by, the law of the state or jurisdiction under whose law the resulting foreign corporation is formed and, to the extent not inconsistent with such law, by the terms of the certificate of conversion. (m) If the resulting foreign corporation is required to obtain a certificate of authority to transact business in this state by the provisions of this title governing foreign corporations, such resulting foreign corporation shall do so pursuant to Code Section 14-3-1501.

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(n) After a certificate of conversion is adopted in accordance with this Code section, unless the conversion subsequently is abandoned, the corporation shall deliver to the Secretary of State for filing the certificate of conversion which shall set forth:
(1) The name of the corporation; (2) The name and jurisdiction of the proposed foreign corporation to which the corporation shall be converted; (3) A statement that the certificate of conversion has been adopted as required by subsection (c) of this Code section; (4) A statement that the authority of the corporation's registered agent to accept service on its behalf is revoked as of the effective date of such conversion and that the Secretary of State is irrevocably appointed as the agent for service of process on the resulting foreign corporation in any proceeding to enforce an obligation of the resulting foreign corporation arising prior to the effective date of such conversion; (5) A mailing address to which a copy of any process served on the Secretary of State under paragraph (4) of this subsection may be mailed as provided in subsection (o) of this Code section; and (6) A statement that the Secretary of State shall be notified of any change in the resulting foreign corporation's mailing address. (o) Upon the conversion becoming effective, the resulting foreign corporation is deemed to appoint the Secretary of State as its agent for service of process in any proceeding to enforce any of its obligations arising prior to the effective date of such conversion. Any party that serves process upon the Secretary of State in accordance with this subsection shall also mail a copy of the process to the chief executive officer, chief financial officer, or secretary of the resulting foreign corporation, or a person holding a comparable position, at the mailing address provided pursuant to paragraph (5) of subsection (n) of this Code section. (p) A converting corporation provided for in this Code section shall file a copy of its certificate of conversion, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such converting corporation is located and record such certified copy of the certificate of conversion in the books kept by such clerk for recordation of deeds in such county with the converting corporation indexed as the grantor and the resulting foreign corporation indexed as the grantee. No real estate transfer tax otherwise required by Code Section 48-6-1 shall be due with respect to the recordation of such certificate of conversion. (q) Upon the conversion provided for in this Code section becoming effective: (1) The resulting foreign corporation shall retain all of the rights, privileges, immunities, franchises, and powers of the converting corporation; (2) All property, real, personal, and mixed, all contract rights, and all debts due to such converting corporation, as well as all other choses in action, and each and every other interest of or belonging to or due to the converting corporation shall be taken and deemed to be vested in the resulting foreign corporation without further act or deed;

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(3) Title to any real estate, or any interest therein, vested in the converting corporation shall not revert or be in any way impaired by reason of the conversion; (4) None of the items described in paragraphs (1) through (3) of this subsection shall be deemed to have been conveyed, transferred, or assigned by reason of the conversion for any purpose; and (5) The resulting foreign corporation shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the converting corporation. Any claim existing or action or proceeding pending by or against such converting corporation may be prosecuted as if such conversion had not become effective, and neither the rights of creditors nor any liens upon the property of the converting corporation shall be impaired by such conversion."

PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2017.

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COURTS SUPERIOR AND STATE COURT JUDGES; VACATION OF OFFICE.

No. 48 (House Bill No. 88).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to revise the qualifications for superior and state court judges; to provide for the vacation of such offices under certain circumstances; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-4, relating to qualifications of superior court judges, as follows:
"15-6-4. (a) No individual shall be judge of the superior courts unless, at the time of his or her election, he or she has attained the age of 30 years, has been a citizen of the state for three years, has practiced law for seven years, and is a member in good standing with the State

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Bar of Georgia and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom. (b) The office of any superior court judge shall be vacated upon the disbarment or suspension from the practice of law of such judge by the Supreme Court whether voluntary or involuntary and upon order of the Supreme Court providing for such removal from office."

SECTION 2. Said title is further amended by revising Code Section 15-7-21, relating to qualifications, restrictions on practice of law, and removal, discipline, and involuntary retirement of judges of the state court, as follows:
"15-7-21. (a)(1) Except as provided in paragraph (2) of this subsection, each judge of the state court shall: (A) Be a resident of the geographic area in which he or she is selected to serve; (B) Have been a resident of the state for three years next preceding the beginning of his or her term of office; (C) As of the date on which his or her term of office begins, be at least 25 years of age; (D) Have been admitted to practice law for seven years; and (E) Be a member in good standing with the State Bar of Georgia and have been duly reinstated to the practice of law in the event of his or her disbarment therefrom. (2) If, at the expiration of the qualifying period for the general nonpartisan primary or any special election, no candidate meeting the requirements of paragraph (1) of this subsection has qualified, then the county election superintendent shall reopen qualifying for a period of 15 days, and any individual may qualify who: (A) will have been for three years next preceding the beginning of the term of office a resident of the superior court judicial circuit containing the geographic area in which the judge is to serve; and (B) meets all requirements, other than the residency requirement specified in subparagraph (A) of paragraph (1) of this subsection, for eligibility for nomination and election to the office of state court judge. If such individual is elected to the office of state court judge, he or she may thereafter qualify for reelection to such office as long as he or she continues to reside within the judicial circuit containing the geographic area in which the judge is to serve and otherwise meets the requirements of paragraph (1) of this subsection.
(b) A full-time judge of the state court shall not engage in the private practice of law. A part-time judge of the state court may engage in the private practice of law in other courts but may not practice in his or her own court or appear in any matter as to which that judge has exercised any jurisdiction. (c) Judges of the state courts shall be subject to discipline, removal, and involuntary retirement pursuant to Article VI, Section VII, Paragraphs VI and VII of the Constitution of the State of Georgia.

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(d) The office of any judge of the state court shall be vacated upon the disbarment or suspension from the practice of law of such judge by the Supreme Court whether voluntary or involuntary and upon order of the Supreme Court providing for such removal from office."

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

Approved May 1, 2017.

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REVENUE AND TAXATION SALES AND USE TAXES; EXCLUDE VOLUNTARY CONTRIBUTIONS FOR ADMISSION TO CERTAIN VENUES.

No. 49 (House Bill No. 117).

AN ACT

To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxes, so as to exclude from the definition of retail sales certain voluntary contributions for admission; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxes, is amended in Code Section 48-8-2, relating to definitions, by revising subparagraph (C) of paragraph (31) as follows:
"(C) Sales of tickets, fees, or charges made for admission to places of amusement, sports, or entertainment including, but not limited to:
(i) Billiard and pool rooms; (ii) Bowling alleys; (iii) Amusement devices; (iv) Musical devices; (v) Theaters; (vi) Opera houses; (vii) Moving picture shows; (viii) Vaudeville;

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(ix) Amusement parks; (x) Athletic contests, including, but not limited to, wrestling matches, prize fights, boxing and wrestling exhibitions, football games, and baseball games; (xi) Skating rinks; (xii) Race tracks; (xiii) Public bathing places; (xiv) Public dance halls; and (xv) Any other place at which any exhibition, display, amusement, or entertainment is offered to the public or any other place where an admission fee is charged;"
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 sales made on or after July 1, 2017.

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

Approved May 1, 2017.

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REVENUE AND TAXATION SALES AND USE TAXES; EXEMPTION FOR CERTAIN TANGIBLE PERSONAL PROPERTY SOLD OR USED TO MAINTAIN, REFIT, OR REPAIR A BOAT.

No. 50 (House Bill No. 125).

AN ACT

To amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to create an exemption from payment of sales tax in excess of $35,000.00 for certain tangible personal property sold or used to maintain, refit, or repair a boat during a single event; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use taxes, is amended by adding a new Code section to read as follows:

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"48-8-3.4. (a) As used in this Code section, the term:
(1) 'Boat' means a vehicle used or capable of being used as a means of transportation on the water. (2) 'Event' means an uninterrupted period of time beginning when a boat arrives at a maintenance, refit, or repair facility in this state and ending when such boat departs such facility. (b) Notwithstanding any other provision of this article, the maximum amount of sales and use tax imposed and collected to maintain, refit, or repair a boat in this state during a single event shall not exceed $35,000.00. (c) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section, including, but not limited to, calling for an annual report to be issued to the department and the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee that contains the following: (1) The number of full-time and part-time positions created by the seller during the preceding tax year; (2) The average salary of individuals employed in the reported positions; and (3) The total revenue generated and sales and use taxes collected from qualifying events during the preceding year. (d) This Code section shall be automatically repealed on June 30, 2025."

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

Approved May 1, 2017.

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COURTS JUDICIAL QUALIFICATIONS COMMISSION; MEMBERSHIP; DUTIES, RESPONSIBILITIES, APPOINTMENT, AND VACANCIES; PRACTICE OF LAW BY ASSOCIATE PROBATE COURT JUDGES.

No. 51 (House Bill No. 126).

AN ACT

To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for courts, so as to change provisions relating to the Judicial Qualifications Commission; to expand the membership of the commission and provide for panels; to provide for duties and responsibilities; to provide for appointment of members, filling of vacancies, and confirmation; to provide for definitions; to provide for rules; to provide for confidentiality and exceptions; to amend Code Section 15-9-2.1 of the Official Code of Georgia Annotated, relating to appointment, compensation, term, authority, qualifications, training, and other limitations of associate probate court judges, so as to change provisions relating to the practice of law outside of serving as an associate probate court judge; 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:

PART I SECTION 1-1.

Part I of this Act shall be known and may be cited as "The Judicial Qualifications Commission Improvement Act of 2017."

SECTION 2-2. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for courts, is amended by revising Code Section 15-1-21, relating to the creation of the Judicial Qualifications Commission, powers, composition, appointment, term, removal of members, procedures, and confidentiality, as follows:
"15-1-21. (a) Pursuant to Article VI, Section VII, Paragraph 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. As used in this Code section, the term 'commission' means the Judicial Qualifications Commission.

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(b) The commission shall consist of ten 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) Effective July 1, 2017, the commission shall be reconstituted. The members serving on the commission immediately prior to July 1, 2017, shall cease to serve on that date, but such prior members shall be eligible for reappointment to succeed themselves or to fill another position on the commission as further set forth in subsection (f) of this Code section. The powers, functions, and duties of the former commission with regard to the investigation, discipline, removal, and involuntary retirement of judges are transferred to the commission created effective July 1, 2017; provided, however, that the formal advisory opinions, pending and former complaints and disciplinary actions, records, orders, contracts, agreements with judges, and rules of the former commission shall be retained by the commission created effective July 1, 2017. Appropriations to the former commission for functions transferred to the commission created effective July 1, 2017, shall be transferred to the commission created effective July 1, 2017, as provided for in Code Section 45-12-90. Personnel previously employed by the former commission and the equipment and facilities of the former commission for functions transferred to the commission created effective July 1, 2017, shall likewise be transferred to the commission created effective July 1, 2017.

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(e)(1) Effective July 1, 2017, the commission shall be divided into a seven-member investigative panel and a three-member hearing panel. (2) The investigative panel shall be responsible for:
(A) The investigative, prosecutorial, and administrative functions of the commission; (B) Promulgating rules of the commission as set forth in subsection (j) of this Code section; (C) The selection of an individual to serve as the director of the commission who shall be an active status member of the State Bar of Georgia and who shall not engage in the practice of law, other than to represent the commission, or serve in a judicial capacity; and (D) Authorization of employment of such additional staff as the commission deems necessary to carry out the powers assigned to the commission. (3) The hearing panel shall be responsible for: (A) Adjudicating formal charges filed by the investigative panel; (B) Making recommendations to the Supreme Court as to disciplinary and incapacity orders; and (C) Issuing formal advisory opinions on its own initiative or on the recommendation of the investigative panel, subject to review by the Supreme Court, regarding the Georgia Code of Judicial Conduct. (f)(1) As used in this subsection, the term: (A) 'Attorney' means a lawyer who has been an active status member of the State Bar of Georgia for at least ten years and is a registered voter in this state. (B) 'Citizen' means an individual who is neither an attorney nor a judge and who is a registered voter in this state. (C) 'Judge' means an elected or appointed public official who presides over a court of record. (2) The State Bar of Georgia may recommend to the respective appointing authorities a list of the names of individuals for consideration to serve as attorney commission members. (3)(A) The seven members of the commission's investigative panel shall be appointed as follows:
(i) One attorney member shall be appointed by the Governor and shall serve a term of four years; provided, however, that the initial appointment shall be for two years, and thereafter, successors to such member shall serve terms of four years; (ii) Two judge members shall be appointed by the Supreme Court and each shall serve terms of four years; provided, however, that the initial appointments shall be for two and four years, respectively, as designated by the Supreme Court for each appointment, and thereafter, successors to such members shall serve terms of four years; (iii) Two members, consisting of one attorney and one citizen, shall be appointed by the President of the Senate and each shall serve terms of four years; provided,

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however, that the initial appointment of the attorney member shall be for four years and the initial appointment of the citizen member shall be for one year, and thereafter, successors to such members shall serve terms of four years; and (iv) Two members, consisting of one attorney and one citizen, shall be appointed by the Speaker of the House of Representatives and each shall serve terms of four years; provided, however, that the initial appointment of the attorney member shall be for three years and the initial appointment of the citizen member shall be for two years, and thereafter, successors to such members shall serve terms of four years. (B) The investigative panel members shall annually elect a chairperson and vice chairperson for such panel. (4)(A) The three members of the commission's hearing panel shall be appointed as follows: (i) One citizen member shall be appointed by the Governor for a term of four years and his or her successors shall serve terms of four years; and (ii) One judge member and one attorney member shall be appointed by the Supreme Court and each shall serve terms of four years; provided, however, that the initial appointment of the judge member shall be for three years and the initial appointment of the attorney member shall be for one year, and thereafter, successors to such members shall serve terms of four years. (B) The judge member shall serve as the presiding officer of such panel. (5) All members' initial terms shall begin on July 1, 2017, and their successors' terms shall begin on July 1 following their appointment. (6) A commission member shall be eligible to serve so long as he or she retains his or her status as an attorney, citizen, or judge, but a vacancy shall be created by operation of law when he or she no longer has the designation for which he or she was appointed. Any vacancy for a member shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term; provided, however, that if the appointing authority fails to fill a vacancy within 60 days of being notified of such vacancy by the commission, the Governor shall appoint a replacement member from the same category of member. Any member of the commission may serve two full terms. Any member appointed pursuant to subsection (c) of this Code section, for an initial term as provided by this subsection, or to fill a vacancy may serve an additional two full terms. (g)(1) The names of the appointees required by this Code section shall be submitted by the appointing authorities to the Senate no later than the third Monday in January. Any member appointed to the commission shall serve until the Senate confirms such appointee, and if an individual's name is not submitted by such deadline, he or she shall not be eligible for confirmation. (2) If an appointee is not confirmed by the Senate, the appointing authority shall promptly submit another appointee's name, notwithstanding the deadline expressed in paragraph (1) of this subsection.

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(3) If the Senate is not in session at the time an appointee's term begins or a vacancy is created, an appointee for such term or to fill such vacancy shall be effective until his or her name can be submitted to the Senate and his or her appointment can be confirmed at the next regular session. (h) Members and staff of the hearing panel shall not engage in any ex parte communications regarding a disciplinary or incapacity matter of a judge, including with members and staff of the investigative panel. (i)(1) Each member of the commission shall be entitled to vote on any matter coming before his or her respective panel unless otherwise provided by rules adopted by the commission concerning recusal. The chairperson of the investigative panel and the presiding officer of the hearing panel shall retain a vote on all matters except those in which such chairperson or presiding officer has been recused. No commission member present at a panel meeting shall abstain from voting unless he or she is recused. The rules of the commission shall establish grounds for recusal and the process for allowing a temporary replacement of a commission member in such circumstance.
(2)(A) As used in this paragraph, the term 'for cause' shall include indictment for or conviction of a felony or any offense involving moral turpitude; misconduct, malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend three or more panel meetings or hearings in a one-year period without good and sufficient reason; or abstaining from voting, unless recused. (B) Removal of a panel member for cause shall be by a unanimous vote of all of the appointing authorities for the members of that particular panel. (3) A quorum of the investigative panel shall require at least four members to be present and shall consist of at least one judge, one attorney, and one citizen. A quorum of the hearing panel shall require all members to be present. A decision by a panel shall be by majority vote of the members present except for minor procedural or administrative matters assigned to the director, chairperson, or presiding officer, as applicable, for a decision as provided by the rules of the commission. (4)(A) Members of the commission shall serve without compensation but shall receive the same daily expense allowance as members of the General Assembly receive, as set forth in Code Section 28-1-8, for each day such member is in physical attendance at a panel meeting or hearing, plus either reimbursement for actual transportation costs while traveling by public transportation or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. (B) Notwithstanding subparagraph (A) of this paragraph, no member shall receive such expense allowance or travel reimbursement if he or she is entitled to receive an expense allowance, travel reimbursement, or salary for performance of duties as a state employee. (C) Expense allowances and travel reimbursement shall be paid from moneys appropriated or otherwise available to the commission.

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(j) The investigative panel shall promulgate rules for the commission's governance which comport with due process and are not otherwise provided by the Georgia Constitution or this Code section; provided, however, that such rules shall be effective only upon review and adoption by the Supreme Court. Such rules shall allow for a full investigation of a judge only upon the approval of the investigative panel, not upon the request of an individual panel member or the director. When a commission member receives information relating to the conduct of a judge, such member shall provide such information to the commission's director for appropriate action.
(k)(1) All information regarding a disciplinary or incapacity matter of a judge shall be kept confidential by the investigative panel and commission staff before formal charges are filed; provided, however, that if prior to filing formal charges such judge and investigative panel agree to a satisfactory disposition of a disciplinary matter other than by a private admonition or deferred discipline agreement, a report of such disposition shall be publicly filed in the Supreme Court. (2) After the filing and service of formal charges:
(A) With respect to an incapacity matter of a judge, all pleadings, information, hearings, and proceedings shall remain confidential; and (B) With respect to a disciplinary matter of a judge, all pleadings and information shall be subject to disclosure to the public and all hearings and proceedings shall be open and available to the public except to the extent that such pleadings and information or hearings and proceedings could be properly sealed or closed by a court as provided by law. (3) With respect to administrative and other matters, all records and information shall be subject to disclosure to the public and all meetings, or portions thereof, shall be open and available to the public except to the extent such records, information, and meetings would: (A) Disclose disciplinary matters of a judge protected in paragraph (1) of this subsection; (B) Disclose incapacity matters of a judge protected in paragraph (1) or subparagraph (A) of paragraph (2) of this subsection; (C) Be considered a matter subject to executive session, if the commission were considered to be an agency under Chapter 14 of Title 50; or (D) Not be required under Code Section 50-18-72, if the commission were considered to be an agency. (4) The work product of the commission and its staff and the deliberations of the commission shall remain confidential. (l) Notwithstanding subsection (k) of this Code section, information regarding a disciplinary or incapacity matter of a judge may be disclosed or the confidentiality of such information may be removed, when: (1) The privilege of confidentiality has been waived by the individual who was the subject of the commission's investigation; or

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(2) The commission's rules provide for disclosure: (A) In the interest of justice and to protect the public; (B) When an emergency situation exists; or (C) When a judge is under consideration for another state or federal position.
(m) Information submitted to the commission or its staff, and testimony given in any proceeding before the commission or one of its panels, 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. (n) A respondent who is recommended for public reprimand, censure, limitation on the performance of judicial duties, suspension, retirement, or removal shall be entitled to a copy of the proposed record to be filed with the Supreme Court, and if the respondent has objections to it, to have the record settled by the hearing panel's presiding officer. The hearing panel's recommendation as to an order in a disciplinary or incapacity matter shall be reviewed by the Supreme Court in accordance with its rules and the rules of the commission. (o) When a judge knows that he or she is under investigation by the commission and a commission member is representing a party before such judge, the judge shall be disqualified from presiding over such matter. "

PART II SECTION 2-1.

Code Section 15-9-2.1 of the Official Code of Georgia Annotated, relating to appointment, compensation, term, authority, qualifications, training, and other limitations of associate probate court judges, is amended by revising paragraph (1) of subsection (e) as follows:
"(1) It shall be unlawful for any full-time associate judge of the probate court to engage in any practice of law outside his or her role as an associate judge of the probate court; provided, however, that such prohibition shall not apply when he or she is serving as a judge advocate general or in any other military role in a reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States National Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, or the State Defense Force. It shall be unlawful for any part-time associate judge of the probate court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in his or her own court or in any other court in any case, proceeding, or any other matters of which his or her own court has pending jurisdiction or has jurisdiction. It shall be unlawful for any associate judge of the probate court, full-time or part-time, to give advice or counsel to any person on any matter of any kind whatsoever that has arisen directly or indirectly in his or her own court, except such advice or counsel as he or she is called upon to give while performing the duties of an associate judge of the probate court."

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PART III SECTION 3-1.

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

Approved May 1, 2017.

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HEALTH INSURANCE PUBLIC OFFICERS AND EMPLOYEES REPEAL CERTAIN OBSOLETE PROVISIONS REGARDING NONPROFIT MEDICAL SERVICE CORPORATIONS AND NONPROFIT HOSPITAL SERVICE CORPORATIONS.

No. 52 (House Bill No. 127).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to repeal certain obsolete provisions relative to nonprofit medical service corporations and nonprofit hospital service corporations; to amend Titles 31 and 45 of the Official Code of Georgia Annotated, relating to health and public officers and employees, respectively, so as to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by repealing Chapter 18, relating to nonprofit medical service corporations, and designating said chapter as reserved.

SECTION 2. Said title is further amended by repealing Chapter 19, relating to nonprofit hospital service corporations, and designating said chapter as reserved.

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SECTION 3. Said title is further amended in Code Section 33-1-2, relating to definitions regarding general insurance provisions, by revising paragraph (4) as follows:
"(4) 'Insurer' means any person engaged as indemnitor, surety, or contractor who issues insurance, annuity or endowment contracts, subscriber certificates, or other contracts of insurance by whatever name called. Burial associations, health care plans, and health maintenance organizations are insurers within the meaning of this title."

SECTION 4. Said title is further amended by revising Code Section 33-1-3, relating to application of Title 33 to certain corporations, societies, and companies, as follows:
"33-1-3. This title shall not apply to:
(1) Fraternal benefit societies except as provided in Chapter 15 of this title; or (2) Farmers' mutual fire insurance companies except as provided in Chapter 16 of this title."

SECTION 5. Said title is further amended in Code Section 33-3-3, relating to qualifications for transaction of insurance generally and transaction of insurance by insurers owned by states and foreign governments, by revising subsection (a) as follows:
"(a) To qualify for and hold authority to transact insurance in Georgia an insurer must be otherwise in compliance with the provisions of this title and with its charter powers and must be an incorporated stock insurer, an incorporated mutual insurer, a fraternal benefit society, a farmers' mutual fire insurance company, a Lloyd's association, or a reciprocal insurer of the same general type as may be formed as a domestic insurer under this title, except that no foreign or alien insurer shall be authorized to transact insurance in Georgia which does not maintain reserves as required by Chapter 10 of this title applicable to the kind or kinds of insurance transacted in the United States by such insurer."

SECTION 6. Said title is further amended in Code Section 33-3-6, relating to requirements as to capital stock or surplus generally, by revising subsection (b) as follows:
"(b) As to surplus required for initial qualification to transact one kind of insurance and thereafter to be maintained, domestic mutual insurers shall be governed by Chapter 14 of this title and domestic reciprocal insurers shall be governed by Chapter 17 of this title. Farmers' mutual fire insurance companies shall be governed by Chapter 16 of this title."

SECTION 7. Said title is further amended in Code Section 33-8-1, relating to general fees and charges, by revising subparagraph (U) of paragraph (1) as follows:

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"(U) Reserved. 6 5"

SECTION 8. Said title is further amended in Code Section 33-9-3, relating to application of Chapter 9, by revising paragraph (2) of subsection (b) as follows:
"(2) The provisions of this chapter regarding rates shall apply to any insurer, fraternal benefit society, health care plan, health maintenance organization, or preferred provider organization providing any accident or sickness insurance or health benefit plan issued, delivered, issued for delivery, or renewed in this state to the extent required by subsection (c) of this Code section."
SECTION 9. Said title is further amended by repealing and reserving Code Section 33-20-6, relating to board of directors, merger or consolidation of medical service corporations and hospital service corporations, and powers of health care corporations generally, as follows:
"33-20-6. Reserved."
SECTION 10. Said title is further amended in Code Section 33-20B-2, relating to definitions regarding essential rural health care provider access, by revising paragraph (4) as follows:
"(4) 'Health care insurer' means an insurer, a fraternal benefit society, a health care plan, a health care corporation, a health maintenance organization, or any other entity authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of health insurance by whatever name called under this title."
SECTION 11. Said title is further amended in Code Section 33-20C-1, relating to definitions regarding accurate provider directories, by revising paragraph (7) as follows:
"(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 health care plan, or any other entity providing a health insurance plan, a health benefit plan, or health care services."

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SECTION 12. Said title is further amended in Code Section 33-21-1, relating to definitions regarding health maintenance organizations, by revising paragraph (7) as follows:
"(7) 'Insurer' means every insurer authorized under this title to issue contracts of accident and sickness insurance. Health care corporations and health maintenance organizations are included within such term."

SECTION 13. Said title is further amended by revising Code Section 33-21-25, relating to organization and operation of health maintenance organizations by insurers or corporations, as follows:
"33-21-25. Notwithstanding any other law which may be inconsistent with this Code section, an insurer or a health care corporation licensed in this state may directly or through a subsidiary or affiliate organize and operate a health maintenance organization."

SECTION 14. Said title is further amended in Code Section 33-24-20, relating to provision in accident and sickness policies for termination of coverage of surviving spouse or as result of break in marital relationship, and issuance of policy to spouse, by revising subsection (c) as follows:
"(c) This Code section shall also apply to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a health care corporation, a health maintenance organization, or any other similar entity."

SECTION 15. Said title is further amended in Code Section 33-24-21, relating to provision in accident and sickness policies for termination of group coverage of surviving spouse or as a result of break in marital relationship, and issuance of policy to spouse, by revising subsection (c) as follows:
"(c) This Code section shall also relate to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a health care corporation, a health maintenance organization, or any other similar entity."

SECTION 16. Said title is further amended in Code Section 33-24-21.1, relating to group accident and sickness contracts, conversion of privilege and continuation right provisions, and impact of federal legislation, by revising paragraphs (4) and (6) of subsection (a) as follows:
"(4) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means:
(A) A group contract of the type issued by a health care plan established under Chapter 20 of this title;

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(B) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (C) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title." "(6) 'Insurer' means an insurance company, health care corporation, health care plan, or health maintenance organization."

SECTION 17. Said title is further amended in Code Section 33-24-21.2, relating to continuation of coverage under group accident and sickness plans for persons 60 years of age or older, by revising paragraphs (1) and (3) of subsection (a) as follows:
"(1) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means:
(A) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (B) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (C) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title." "(3) 'Insurer' means an insurance company, health care plan, or health maintenance organization."

SECTION 18. Said title is further amended by revising Code Section 33-24-23, relating to provision in group policies of accident and sickness insurance for exclusion or reduction of benefits, as follows:
"33-24-23. Notwithstanding any other provisions in this title to the contrary, no group policy of accident and sickness insurance offered for sale in this state shall be issued or renewed after April 17, 1975, by any insurer transacting business in this state, or health care plan under Chapter 20 of this title, which by the terms of the group policy excludes or reduces the benefits payable or services to be rendered to or on behalf of any insured by reason of the fact that benefits have been paid or are also payable under any blanket school accident policy regardless of who makes the premium contribution or any individually underwritten and individually issued contract or plan of insurance which provides exclusively for accident and sickness benefits and for which 100 percent of the premiums have been paid by the insured or a member of the insured's family, irrespective of the mode or channel of premium payment to the insurer or any discount received on such premium by virtue of the insured's membership in any organization or status as an employee. Any policy provision in violation of this Code section shall be void and unenforceable. Nothing in this Code

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section shall affect the practice of coordinating benefits between group policies issued pursuant to Chapter 30 of this title."

SECTION 19. Said title is further amended in Code Section 33-24-24, relating to provision in group or blanket accident and sickness policies of coverage for complications of pregnancy, by revising paragraph (2) of subsection (a) as follows:
"(2) 'Group policy or group contract' means a group or blanket accident and sickness insurance policy or contract as defined in Chapter 30 of this title, a group contract of the type issued by a health care plan established under Chapter 20 of this title, or any similar group benefit plan, policy, or contract."

SECTION 20. Said title is further amended by revising Code Section 33-24-25, relating to provisions in group or blanket policies excluding or reducing coverage of persons eligible for or receiving medical assistance, as follows:
"33-24-25. No group or blanket accident and sickness policy shall contain any provision purporting to exclude or reduce coverage provided an otherwise insurable person solely for the reason that the person is eligible for or receiving medical assistance as defined in Article 7 of Chapter 4 of Title 49. Any such provision appearing in a group or blanket accident and sickness insurance policy subsequent to July 1, 1978, shall be null and void."

SECTION 21. Said title is further amended by revising Code Section 33-24-26, relating to provisions limiting or restricting payment of benefits for preexisting illnesses or conditions, as follows:
"33-24-26. No group accident and sickness insurance policy, other than policies of disability income insurance and credit accident and sickness insurance and other than policies of qualified self-insurers, shall be issued in this state, which policy limits or restricts payment of benefits for any preexisting illness or condition not otherwise excluded from the group policy for a period in excess of 12 months following the date of the issuance of the certificate covering the insured person."

SECTION 22. Said title is further amended in Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age, by revising subsection (c) as follows:
"(c) This Code section shall apply equally to health insurance policies issued pursuant to Chapters 29 and 30 of this title, coverage by health maintenance organizations under Chapter 21 of this title, and health care plans under Chapter 20 of this title."

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SECTION 23. Said title is further amended in Code Section 33-24-28.2, relating to coverage of outpatient surgery, by revising subsections (d), (e), and (f) as follows:
"(d) This Code section shall also apply to policies or contracts issued by a health care plan, a health maintenance organization, a fraternal benefit society, or any other similar entity. (e) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in paragraphs (1) and (2) of subsection (b) of this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, health care plan, health maintenance organization, or master policyholder to provide or to make available such coverage to any certificate holder insured under such group policy, plan, or contract. (f) Nothing in this Code section shall be construed to prohibit an insurer, health care plan, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section."

SECTION 24. Said title is further amended by revising Code Section 33-24-28.3, relating to policies not to exclude payment to hospitals specializing in treatment of alcoholics or drug addicts, as follows:
"33-24-28.3. No policy of accident and sickness insurance, other than a policy of accident and sickness insurance issued in connection with an extension of credit, which is issued, delivered, or issued for delivery in this state by an insurer, health care plan, fraternal benefit society, or health maintenance organization authorized to transact insurance in this state and which provides specific benefits for the treatment of alcoholism or drug addiction, shall exclude the payment or reimbursement of such covered hospital or medical service benefits which would otherwise be payable to a hospital duly licensed in this state solely because such hospital specializes in the treatment of alcoholics or drug addicts and is operated primarily for the treatment of such persons."

SECTION 25. Said title is further amended in Code Section 33-24-28.4, relating to coverage of general anesthesia and hospital or ambulatory surgical facility charges for certain dental care, by revising paragraph (1) of subsection (b) as follows:
"(b)(1) Any individual or group plan, policy, or contract for health care services which is issued, delivered, issued for delivery, or renewed in this state by a health care insurer,

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health maintenance organization, accident and sickness insurer, fraternal benefit society, health care plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes health care services to patients, insureds, or beneficiaries in this state shall be subject to the provisions of this Code section."

SECTION 26. Said title is further amended in Code Section 33-24-29, relating to coverage for treatment of mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering small groups and federal law, by revising paragraph (1) of subsection (a) as follows:
"(1) 'Accident and sickness insurance benefit plan, policy, or contract' means: (A) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title; (B) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (C) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (D) Any similar group accident and sickness benefit plan, policy, or contract."

SECTION 27. Said title is further amended in Code Section 33-24-29.1, relating to coverage for mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering all groups except small groups, by revising paragraph (1) of subsection (a) as follows:
"(1) 'Accident and sickness insurance benefit plan, policy, or contract' means: (A) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title; (B) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (C) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (D) Any similar group accident and sickness benefit plan, policy, or contract."

SECTION 28. Said title is further amended in Code Section 33-24-56, relating to prohibition against requiring referral from primary care physician to dermatologist, by revising paragraph (2) of subsection (b) as follows:
"(2) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a

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health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit society, or similar entity."

SECTION 29. Said title is further amended in Code Section 33-24-57, relating to health insurance and provision that coverage cannot be terminated due to individual claims experience required, by revising paragraph (1) of subsection (a) as follows:
"(1) 'Insurer' means an accident and sickness insurer, fraternal benefit society, health care corporation, health maintenance organization, or any similar entity and any self-insured health care plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq."

SECTION 30. Said title is further amended in Code Section 33-24-59, relating to women's access to health care, health insurance and provision disclosing insured's right to direct access to obstetricians and gynecologists required, by revising paragraph (1) of subsection (b) as follows:
"(b)(1) As used in this Code section, the term 'health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit society, or similar entity."

SECTION 31. Said title is further amended in Code Section 33-24-59.1, relating to coverage for treatment of dependent children with cancer, by revising paragraph (1) of subsection (a) as follows:
"(1) 'Accident and sickness insurance benefit plan, policy, or contract' means: (A) An individual accident and sickness insurance policy or contract, as defined in Chapter 29 of this title; (B) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title; (C) An individual or group contract of the type issued by a health care plan established under Chapter 20 of this title; (D) An individual or group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; (E) An individual or group contract of the type issued by a fraternal benefit society; or (F) Any similar individual or group accident and sickness benefit plan, policy, or contract."

SECTION 32. Said title is further amended in Code Section 33-24-59.4, relating to confidentiality of medical information obtained from pharmacies, restrictions on release of information, and penalty for violation, by revising subsection (a) as follows:

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"(a) As used in this Code section, the term 'insurer' means an accident and sickness insurer, fraternal benefit society, health care corporation, health maintenance organization, provider sponsored health care corporation, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45; and such term includes any entity which administrates or processes claims on behalf of any of the foregoing."

SECTION 33. Said title is further amended in Code Section 33-24-59.5, relating to definitions, timely payment of health benefits, notification of failure to pay, penalties, and applicability, by revising paragraph (3) of subsection (a) as follows:
"(3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan, which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45 or any other administrator as defined in paragraph (1) of subsection (a) of Code Section 33-23-100."

SECTION 34. Said title is further amended in Code Section 33-24-59.12, relating to patient access to eye care, by revising paragraph (5) of subsection (b) as follows:
"(5) 'Health care insurer' means an entity, including but not limited to insurance companies, health care corporations, health maintenance organizations, and preferred provider organizations, authorized by the state to offer or provide health benefit plans, programs, policies, subscriber contracts, or any other agreements of a similar nature which compensate or indemnify health care providers for furnishing health care services."

SECTION 35. Said title is further amended in Code Section 33-24-59.14, relating to definitions, prompt pay requirements, and penalties, by revising paragraph (6) of subsection (a) as follows:
"(6) 'Insurer' means an accident and sickness insurer, fraternal benefit society, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity, which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45."

SECTION 36. Said title is further amended in Code Section 33-24-59.15, relating to definitions and dental insurance, by revising paragraph (3) of subsection (a) as follows:

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"(3) 'Dental benefit plan' means any individual or group plan, policy, contract, or subscription agreement which includes or is for dental care services that is issued, delivered, issued for delivery, or renewed in this state whether by a health care insurer, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, health care plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes dental care services to patients, insureds, beneficiaries, or covered dependents in this state."

SECTION 37. Said title is further amended in Code Section 33-29-2, relating to requirements as to policies generally, by revising subsections (c) and (d) as follows:
"(c) This Code section shall not be construed so as to impair the obligation of any contract in existence prior to January 1, 1979."

SECTION 38. Said title is further amended in Code Section 33-29-3, relating to required policy provisions, by revising subsection (d) as follows:
"(d) The provisions of this Code section shall also apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a health care corporation, a health maintenance organization, or any other similar entity."

SECTION 39. Said title is further amended in Code Section 33-29-3.2, relating to coverage for mammograms, Pap smears, and prostate specific antigen tests, by revising subsection (e) as follows:
"(e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a health care plan, a health maintenance organization, or any similar entity."

SECTION 40. Said title is further amended in Code Section 33-29-3.3, relating to coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease, optional endorsement, requirements, guidelines, and applicability, by revising subsection (e) as follows:
"(e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a health care plan, a health maintenance organization, or any similar entity."

SECTION 41. Said title is further amended in Code Section 33-29-3.4, relating to insurance coverage for child wellness services, by revising subsection (e) as follows:

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"(e) The provisions of this Code section shall apply to individual basic medical or hospital expense, major medical, or comprehensive medical expense insurance policies issued by a fraternal benefit society, a health care corporation, a health maintenance organization, or any similar entity."

SECTION 42. Said title is further amended in Code Section 33-30-4.1, relating to coverage for human heart transplants, optional endorsement, requirements, and guidelines, by revising subsection (f) as follows:
"(f) The provisions of this Code section shall also apply to group accident and sickness insurance policies or contracts issued by a fraternal benefit society, a health care plan, a health maintenance organization, or any other similar entity."

SECTION 43. Said title is further amended in Code Section 33-30-4.2, relating to insurance coverage for mammograms, Pap smears, and prostate specific antigen tests, by revising subsection (e) as follows:
"(e) The provisions of this Code section shall apply to group accident and sickness insurance policies issued by a fraternal benefit society, a health care plan, a health maintenance organization, or any similar entity."

SECTION 44. Said title is further amended in Code Section 33-30-4.3, relating to utilization of mail-order pharmaceutical distributors in policies, plans, contracts, or funds and utilization of other providers of pharmaceutical services under same terms and conditions, by revising subsection (a) as follows:
"(a) For the purposes of this Code section, the term 'health care insurer' means an insurer, including a fraternal benefit society, a health care plan, or a health maintenance organization authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of accident and sickness insurance by whatever name called."

SECTION 45. Said title is further amended in Code Section 33-30-4.4, relating to coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease, optional endorsement, requirements, guidelines, and applicability, by revising subsection (f) as follows:
"(f) The provisions of this Code section shall also apply to group accident and sickness insurance policies or contracts issued by a fraternal benefit society, a health care plan, a health maintenance organization, or any other similar entity."

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SECTION 46. Said title is further amended in Code Section 33-30-4.5, relating to coverage for child wellness services, by revising subsection (e) as follows:
"(e) The provisions of this Code section shall apply to group basic medical or hospital expense, major medical, or comprehensive medical expense insurance policies issued by a fraternal benefit society, a health care corporation, a health maintenance organization, or any similar entity."

SECTION 47. Said title is further amended in Code Section 33-30-6, relating to authority to issue blanket accident and sickness policies, filing of form, required provisions, and applicability of Code section to similar entities, by revising subsection (c) as follows:
"(c) The provisions of this Code section shall also apply to group and blanket accident and sickness insurance policies issued by a fraternal benefit society, a health care corporation, a health maintenance organization, or any other similar entity."

SECTION 48. Said title is further amended in Code Section 33-30-13.1, relating to furnishing claims experience to policyholders, by revising subsection (a) as follows:
"(a) As used in this Code section, the term 'insurer' means an accident and sickness insurer, fraternal benefit society, health care corporation, provider sponsored health care corporation, health maintenance organization, or any similar entity."

SECTION 49. Said title is further amended in Code Section 33-30-15, relating to continuation of similar coverage, preexisting conditions, and procedures and guidelines, by revising subparagraph (a)(2)(C) and paragraph (3) of subsection (a) as follows:
"(C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, health care corporation, or fraternal benefit society;" "(3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, health care corporation, health maintenance organization, or any similar entity and any self-insured health care plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq."

SECTION 50. Said title is further amended in Code Section 33-30-22, relating to definitions regarding preferred provider arrangements, by revising paragraph (3) as follows:
"(3) 'Health care insurer' means an insurer, a fraternal benefit society, a health care plan, or a health maintenance organization authorized to sell accident and sickness insurance

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policies, subscriber certificates, or other contracts of insurance by whatever name called under this title."

SECTION 51. Said title is further amended in Code Section 33-38-2, relating to scope of Chapter 38, by revising paragraph (4) of subsection (c) as follows:
"(4) Any policy, contract, certificate, a health care plan referred to in Chapter 20 of this title, a prepaid legal services plan, as defined in Code Section 33-35-2, and a health maintenance organization, as defined in Code Section 33-21-1;"

SECTION 52. Said title is further amended in Code Section 33-38-4, relating to definitions regarding the Georgia Life and Health Insurance Guaranty Association, by revising subparagraph (A) of paragraph (13) as follows:
"(A) A for profit hospital or medical service corporation;"

SECTION 53. Said title is further amended in Code Section 33-42-4, relating to definitions regarding long-term care insurance, by revising paragraphs (5) and (6) as follows:
"(5) 'Long-term care insurance' means any accident and sickness insurance policy or rider advertised, marketed, offered, or designed primarily to provide coverage for not less than 12 consecutive benefit months or which provides coverage for recurring confinements separated by a period not to exceed six months with a minimum aggregate period of one year for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. Such term includes group and individual accident and sickness policies or riders whether issued by insurers, fraternal benefit societies, health care plans, health maintenance organizations, or any other similar organizations. Long-term care insurance shall not include any accident and sickness insurance policy which is offered primarily to provide basic medicare supplement coverage, basic hospital expense coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income protection coverage, catastrophic coverage, comprehensive coverage, accident only coverage, specified disease or specified accident coverage, or limited benefit health coverage. Long-term care insurance may be provided through an individual or group life insurance policy by attachment of a long-term care rider or by the automatic inclusion of a long-term care provision which, notwithstanding Code Section 33-42-3, must meet the requirements of this chapter and regulations promulgated by the Commissioner. Any such long-term care riders or policy provisions shall not be exempt from filing

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requirements and must be filed with the department for approval before being used in this state. (6) 'Policy' means any policy, contract, or subscriber agreement or any rider or endorsement attached thereto, issued, delivered, issued for delivery, or renewed in this state by an insurer, fraternal benefit society, health care plan, health maintenance organization, or any other similar organization. Such term shall also include a Georgia Qualified Long-term Care Partnership Program approved policy, as defined in paragraph (4) of Code Section 49-4-161, meeting the requirements of the Georgia Qualified Long-term Care Partnership Program as enacted in subsection (a) of Code Section 49-4-162."

SECTION 54. Said title is further amended in Code Section 33-44-2, relating to definitions regarding high risk health insurance plans, by revising paragraph (10) as follows:
"(10) 'Insurer' means any insurance company authorized to transact accident and sickness insurance business in this state, any health care plan, and any health maintenance organization authorized to transact business in this state."

SECTION 55. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-7-280, relating to health care provider annual reports and form, by revising paragraph (4) of subsection (a) as follows:
"(4) 'Third-party payor' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, or health care plans, but does not mean a specified disease or supplemental hospital indemnity payor."

SECTION 56. Said title is further amended in Code Section 31-17-4.1, relating to chlamydia screening test, by revising paragraph (4) of subsection (b) as follows:
"(4) The provisions of this subsection shall apply to accident and sickness insurance policies issued by a fraternal benefit society, a health care plan, a health maintenance organization, or any similar entity."

SECTION 57. Said title is further amended in Code Section 31-32-12, relating to restriction on requiring and preparing advance directives for health care, by revising subsection (a) as follows:
"(a) No physician, health care facility, or health care provider and no health care service plan, insurer issuing disability insurance, or self-insured employee welfare benefit plan

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shall require any person to execute an advance directive for health care as a condition for being insured for or receiving health care services."

SECTION 58. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in Code Section 45-18-6, relating to contracts to provide insurance benefits, invitation of proposals, reinsurance agreements, issuance of certificates of coverage, redetermination of contracts, self-insurance plans, contracts for administrative services, and contracts with health maintenance organizations, by revising subsection (c) as follows:
"(c) Notwithstanding any other provision of this part to the contrary, the board is authorized to execute a contract or contracts with one or more insurers authorized to transact accident and sickness insurance in this state or with one or more health care corporations or with one or more professional claim administrators authorized or licensed to transact business in this state or with one or more independent adjusting firms with employees who are licensed as independent adjusters pursuant to Article 1 of Chapter 23 of Title 33 to provide administrative services in connection with a self-insured health insurance plan for state employees."

SECTION 59. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2017.

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REVENUE AND TAXATION SPECIAL DISTRICT MASS TRANSPORTATION SALES AND USE TAX; REVISE DEFINITION; REVISE MANNER OF IMPOSITION OF TAX.

No. 54 (House Bill No. 134).

AN ACT

To amend Part 1 of Article 5A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the special district mass transportation sales and use tax, so as to change the definition of transportation purposes regarding such tax; to change certain provisions relating to special districts and the imposition of such tax; to change certain provisions relating to notice, intergovernmental agreements, and resolutions regarding such tax; to provide that a referendum on a regional transportation sales and use tax cannot be held at the same time as a referendum on a special district mass transportation

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sales and use tax; to change certain provisions relating to the commencement of imposition and the timing of cessation of such tax; to allow two taxes to be levied concurrently; to clarify the ability of counties and qualified municipalities to issue general obligation bonds as necessary; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 5A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the special district mass transportation sales and use tax, is amended in Code Section 48-8-260, relating to definitions regarding such tax, by revising paragraphs (3), (4), and (5) as follows:
"(3) '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. (4) 'Transportation purposes' means and includes:
(A) 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; (B) The retirement of previously incurred general obligation debt with respect only to such purposes as identified in subparagraph (A) of this paragraph, but only if an intergovernmental agreement has been entered into under this part; (C) A capital outlay project or projects under subparagraph (a)(1)(M) of Code Section 48-8-111, with respect only to such purposes as identified in subparagraph (A) of this paragraph; or (D) Any combination of two or more of the foregoing."

SECTION 2. Said part is further amended in Code Section 48-8-261, relating to special districts and imposition of such tax, by revising subsections (b) and (c) as follows:
"(b) 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;

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(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) At any time, more than one tax under this part shall be authorized to be imposed concurrently within a special district as long as the combined rate of the taxes does not exceed 1 percent."

SECTION 3. Said part is further amended in Code Section 48-8-262, relating to notice, intergovernmental agreements, and resolutions regarding such tax, by revising subsection (a) and paragraph (1) of subsection (b) as follows:
"(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:
(1) Determine whether the region has proposed a referendum on a tax under Article 5 of this chapter. This determination shall be based on whether, pursuant to paragraphs (2) and (3) of subsection (c) of Code Section 48-8-245, a majority of the governing authorities of counties within the region containing the county proposing the tax have passed resolutions calling for the levy of a tax under Article 5 of this chapter. If a majority of the governing authorities of the counties in the region have passed such a resolution, the county proposing a tax under this part shall postpone the referendum under this part until the regional referendum has been decided. No ballot shall propose a tax under this part and under Article 5 of this chapter at the same election; (2) After the determination under paragraph (1) of this subsection has been made, if a county is qualified to levy a tax under this part, 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. (b)(1) Following the meeting required by paragraph (2) of 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."

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SECTION 4. Said part is further amended by revising Code Section 48-8-263, relating to the ballot question, expenses of election, and general obligation debt, as follows:
"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 ___________ 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 or qualified 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 county or qualified 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

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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 or qualified municipality from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county or qualified 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 county or qualified municipality."

SECTION 5. Said part is further amended in Code Section 48-8-264, relating to the commencement of imposition and the timing of cessation of such tax, by revising subsection (c) as follows:
"(c)(1)(A) At any time, more than a single tax under this part may be imposed within a special district as long as the combined rate of such taxes does not exceed 1 percent. (B) Any single 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. (C) Any single tax imposed under this part at a rate of less than 1 percent shall be in an increment of 0.05 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. (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."

SECTION 6. Said part is further amended by revising Code Section 48-8-269.2, relating to delivery outside of geographical area, as follows:
"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 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."

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SECTION 7. Said part is further amended in Code Section 48-8-269.5, relating to accounting and record-keeping requirements, by revising subsection (b) as follows:
"(b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county or qualified municipality 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 or qualified 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 county or qualified municipality from the tax. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county or qualified 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 county or qualified municipality."

SECTION 8. This section and Sections 1, 2, and 4 through 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 of this Act shall become effective January 1, 2018.

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

Approved May 1, 2017.

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MOTOR VEHICLES AND TRAFFIC ISSUANCE AND RENEWAL OF DRIVERS' LICENSES.

No. 55 (House Bill No. 136).

AN ACT

To amend Chapters 5, 6, and 16 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, the Uniform Rules of the Road, and the Department of Driver Services, respectively, so as to provide for demarcation of a valid driver's license, permit, or identification card by the Department of Driver Services and return of such license, permit, or card to a person applying for a new license or card; to provide for receipt upon confirmation of eligibility for a new driver's license or permit for purposes of legally operating a motor vehicle until arrival of the permanent driver's license or permit; to remove

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requirement that a visually impaired parent or legal guardian must have previously held a valid driver's license in order for his or her minor child to operate a motor vehicle; to provide for the issuance of a noncommercial Class C driver's license for the operation of three-wheeled motor vehicles equipped with a steering wheel for directional control; to provide for the issuance of a noncommercial Class M driver's license for the operation of motorcycles equipped with handlebars for directional control; to provide for fees for issuance of certain drivers' licenses and permits; to allow for department consideration of any violation of law in determining whether disqualification of a commercial driver's license, a commercial driver instructor permit, or commercial driving privileges is appropriate; to revise punishment for failure to surrender certain identification cards, drivers' licenses, instruction permits, and limited driving permits; to provide for fees for issuance of identification cards; to provide for the manner of riding a motorcycle; to provide authority to the commissioner to contract for the collection of delinquent fees; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-20, relating to license requirement, surrender of prior licenses, and prohibition of local licenses, by revising subsection (c) as follows:
"(c)(1)(A) Any person who applies for a driver's license, instruction permit, or limited driving permit shall indicate on such application whether he or she is in possession of any other valid driver's license or permit issued pursuant to this title or from any other jurisdiction. (B) Except as provided in paragraph (2) of this subsection, no person shall receive a driver's license unless and until such person surrenders to the department all valid licenses or permits in such person's possession issued to him or her pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered license or permit in a manner which makes it apparent that such license or permit is no longer valid and return the license or permit to such person. (C) The department shall issue a receipt to a person eligible to be issued a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title. Such receipt shall satisfy the requirements of subsection (a) of Code Section 40-5-29 regarding proof of eligibility to operate a motor vehicle until the person has received his or her permanent driver's license, instruction permit, or limited driving permit. (D) If a surrendered driver's license was issued by another jurisdiction, the department shall forward the surrendered license information to the previous jurisdiction. (E) Except as provided for in paragraph (2) of this subsection, no person shall be permitted to have more than one valid driver's license at any time.

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(2) Any noncitizen who is eligible for issuance of a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title and is in possession of a valid driver's license or permit issued by a foreign jurisdiction may be issued a driver's license, instruction permit, or limited driving permit without surrendering the foreign driver's license or permit. This exemption shall not apply to a person who is required to terminate any previously issued driver's license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center."

SECTION 2. Said chapter is further amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licenses, school enrollment requirements, driving training requirements, and limited driving permit, by revising subsection (b) as follows:
"(b)(1) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied whenever operating a motor vehicle by such physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (2) Notwithstanding the provisions of subsection (a) of this Code section, any person 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to physical impairment and has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this paragraph shall be accompanied whenever operating a motor vehicle by such physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. "

SECTION 2A. Said chapter is further amended in Code Section 40-5-23, relating to classes of licenses, by revising subsection (c) as follows:
"(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows:

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Class C -- Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, any three-wheeled motor vehicle that is equipped with a steering wheel for directional control, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm, and are not used in the operations of a common or contract carrier; Class D -- Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive; Class E -- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided that the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class F and Class C; Class F -- Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C; Class M -- Motorcycles, motor driven cycles, and three-wheeled motorcycles equipped with handlebars for directional control; Class P -- Instruction permit applicable to all types of vehicles for which an applicant desires a driver's license but is not presently licensed to drive. (d) Any applicant for a Class E or Class F license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license."

SECTION 3. Said chapter is further amended in Code Section 40-5-25, relating to applications, fees, waiver of fees, and provisions for voluntary participation in various programs, by revising subsection (a) as follows:
"(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Board of Driver Services, not to exceed:

(1) For instruction permits for Classes C, E, F, and M drivers' licenses and for Class D drivers' licenses.. . . . . . . . . . . . . . . . . . . .

$ 10.00

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(2) For five-year Classes C, E, F, and M noncommercial drivers' licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2.1) For eight-year Classes C, E, F, and M noncommercial drivers' licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit. . . . . .

20.00 32.00 35.00

(4) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses. . . . . . . . . . . . . . . . . .
(5) For up to five year Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test. . . . . . . . . . . . . . . . .

10.00 70.00

(5.1) For eight-year Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test. . . . . . . . . . . . . . . . .

82.00

(6) For up to five year Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test. . . . . . . . . . . . . .

20.00

(6.1) For eight-year Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test. . . . . . . . . . . . . .

32.00

(7) For renewal of up to five year Classes A, B, C, and M commercial drivers' licenses.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.00

(7.1) For renewal of eight-year Class A, B, C, and M commercial drivers' licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32.00

(7.2) For renewal of up to five year Classes C, E, F, and M noncommercial drivers' licenses.. . . . . . . . . . . . . . . . . . . . . . . . . . .

20.00

(7.3) For renewal of eight-year Classes C, E, F, and M noncommercial drivers' licenses.. . . . . . . . . . . . . . . . . . . . . . . . . . .

32.00

(8) Initial issuance of Classes A, B, C, and M commercial drivers'

licenses and Class P commercial drivers' instruction permits shall

include all endorsement fees within the license fee. Each

endorsement added after initial licensing.. . . . . . . . . . . . . . . . . . . .

5.00

The commissioner may by rule provide incentive discounts in otherwise applicable fees

reflecting cost savings to the department where a license is renewed by means other than

personal appearance. The discount for renewal of a Class C or Class M license and any

other discounts shall be as determined by the commissioner. Except as provided in Code

Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to

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application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensee's name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. The maximum period for which any driver's license shall be issued is eight years."

SECTION 4. Said chapter is further amended in Code Section 40-5-53, relating to when courts shall send licenses and reports of convictions to the department, destruction of license by the department, and issuance of new license upon satisfaction of certain requirements, by revising paragraph (4) of subsection (b) as follows:
"(4) Any report of any conviction, 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 5. Said chapter is further amended in Code Section 40-5-100, relating to authorization to issue identification cards, contents of such cards, prohibition on possession of more than one card, application and renewal of cards, and dissemination of information regarding voluntary programs, by revising subsection (c) as follows:
"(c)(1) No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a person issued a driver's license, instruction permit, or limited driving permit pursuant to this title from also possessing an identification card issued under this article.
(2)(A) Any person who applies for an identification card shall indicate on such application whether he or she is in possession of any other valid identification card, driver's license, instruction permit, or limited driving permit issued pursuant to this title or by any other jurisdiction. (B) Except as provided in paragraph (3) of this subsection, each applicant for an identification card shall surrender to the department any valid identification card, driver's license, instruction permit, or limited driving permit previously issued pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered identification card, driver's license, instruction permit, or limited driving

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permit in a manner which makes it apparent that such card, license, or permit is no longer valid and return the card, license, or permit to such person. (C) The department shall issue a receipt to a person eligible to be issued an identification card pursuant to the requirements of this title. Such receipt may be used as proof of issuance until the person has received his or her permanent identification card. (D) If a surrendered identification card, driver's license, instruction permit, or limited driving permit was issued by another jurisdiction, the department shall forward the surrendered card, license, or permit information to the previous jurisdiction. (3)(A) Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this title and is in possession of an identification card or driver's license issued by a foreign jurisdiction may be issued an identification card without surrendering the foreign driver's license or identification card. This exemption shall not apply to a person who is required to terminate any previously issued identification card pursuant to federal law. (B) The department shall make a notation on the driving record of any person who retains a foreign identification card or driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center."

SECTION 6. Said chapter is further amended in Code Section 40-5-103, relating to fees and issuance periods for identification cards, exceptions for veterans' or honorary licenses, and application and renewal of an identification card, by revising subsection (a) as follows:
"(a) Except as provided in Code Section 40-5-21.1 and subsections (b) and (c) of this Code section, the department shall collect a fee of $20.00 for a five-year card and a fee of $32.00 for an eight-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees."

SECTION 6A. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the Uniform Rules of the Road, is amended in Code Section 40-6-311, relating to manner of riding a motorcycle, by revising subsection (b) as follows:
"(b) A person shall ride upon a motorcycle equipped with handlebars for directional control only by sitting astride the seat, facing forward, and with one leg on either side of the motorcycle."

SECTION 7. Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, is amended in Code Section 40-16-5, relating to authority of the commissioner, by adding a new subsection to read as follows:

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"(g)(1) The commissioner may contract with a debt collection agency or attorney doing business within or outside this state for the collection of delinquent fees owed to the department pursuant to this title. Such contract may provide for the rate of payment and the manner in which compensation for debt collection services shall be paid. The compensation, fees, and expenses for such debt collection may be added to the amount of the delinquent fees owed and may be collected directly by the contractor from the debtor. The commissioner is authorized to provide such contractor with the necessary information regarding the delinquent fees and debtor for the collection of the fees owed. (2) No delinquent fees may be collected pursuant to paragraph (1) of this subsection from a person not subject to a license suspension or cancellation pursuant to this title. (3) The commissioner may adopt rules and regulations to carry out the provisions of this subsection."

SECTION 8. (a) This Act shall become effective on July 1, 2017, except as otherwise provided in subsection (b) of this section. (b) Subsection (c) of Code Section 40-5-20 as amended by Section 1 of this Act and subsection (c) of Code Section 40-5-100 as amended by Section 5 of this Act shall become effective on July 1, 2018.

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

Approved May 1, 2017.

__________

COURTS NORTHEASTERN JUDICIAL CIRCUIT; ADDITIONAL JUDGE.

No. 56 (House Bill No. 138).

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 Northeastern 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 declare inherent authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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 (26) as follows:
"(26) Northeastern Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5"

SECTION 2. One additional judge of the superior courts is added to the Northeastern 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, 2018, and continuing through December 31, 2020, 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 2020, for a term of four years beginning on January 1, 2021, 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 Northeastern 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. The new judge is authorized to employ court personnel on the same basis as other judges of the Northeastern Judicial Circuit.

SECTION 5. Except as expressly stated, nothing in this Act shall be construed to alter or repeal any provision of any local Act relating to the Northeastern Judicial Circuit. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

SECTION 6. This Act shall become effective on January 1, 2018.

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

Approved May 1, 2017.

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BANKING AND FINANCE CONTRACTS WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
REGULATION OF FINANCIAL INSTITUTIONS.

No. 57 (House Bill No. 143).

AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for definitions; to revise subpoena powers for the Department of Banking and Finance; to provide for the regulation of persons performing services for financial institutions; to provide for discretion of the department to direct financial institutions to restore capital stock to prevent deficiency; to provide for the charging of a convenience fee by a financial institution or mortgage lender; to provide for approval procedures by certain bank officials when issuing obligations in excess of the statutory maximum to one person or corporation; to provide for the types of transactions which are exempt from calculation of the statutory maximum to one person or corporation; to provide for the transaction of business by banks on Sundays; to provide for procedures for the receivership of a trust company; to provide for minimum amount of capital to be maintained by a trust company; to prohibit certain pledges or liens by a trust company; to provide for the receipt of deposits and rental of safe-deposit boxes by certain minors; to provide for requirements for a bank or trust company to issue subordinated securities; to provide for the removal of directors and vacancies within the board of directors of banks and trust companies; to provide for the registration and examination of bank holding companies; to provide for requirements for resulting banks from an interstate merger transaction with an out-of-state bank; to provide for powers of credit unions; to provide for membership in credit unions; to provide for duties of supervisory committees and comprehensive audits of credit unions; to provide for merger and conversion of credit unions; to provide for the acceptance of proof of required surety bonds by the Nationwide Multistate Licensing System and Registry; to provide for the minimum bond to be held by a mortgage broker and mortgage lender; to provide for power of the department to conduct on-site examinations of licensees and registrants; to amend Code Section 13-1-15 of the Official Code of Georgia Annotated, relating to the charging of convenience fees by a lender or merchant, so as to allow for such fees on loans made pursuant to Chapter 1 of Title 7; to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to revise a definition; to provide for the authority of a foreign entity to act in a fiduciary capacity; to prohibit the establishment of a place of business by a foreign entity acting as a fiduciary not transacting business in the state; to provide for a filing statement with the Secretary of State and appointment of an agent for service by a foreign entity; to provide for effective dates; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended in Code Section 7-1-4, relating to definitions, by revising paragraphs (24) and (35) as follows:
"(24) Reserved." "(35) 'Statutory capital base' means the sum of the common equity tier 1 capital, as defined by applicable federal law, and the allowance of loan and lease losses, as defined by applicable federal law, as reported in the bank's most recent Consolidated Report of Condition and Income; provided, however, that the department may enact regulations to phase in the revision to this definition for those banks that will have a decreased statutory capital base as of July 1, 2017. If significant capital changes occur after the filing of the Consolidated Report of Condition and Income which causes the common equity tier 1 capital to increase or decrease by 5 percent or more, then the statutory capital base will be immediately recalculated at the time of the capital change and it will be effective until the filing of the next Consolidated Report of Condition and Income."

SECTION 2. Said chapter is further amended in Code Section 7-1-66, relating to method of examination, investigations, special examiners, and subpoenas issued by the Department of Banking and Finance, by revising subsections (b) and (c) as follows:
"(b) Officials authorized to make examinations or investigations shall have the power and authority to administer oaths and to examine under oath any person (including any officer, director, agent, attorney, member, or employee of any financial institution) whose testimony may be relevant to the examination or investigation. Such officials shall have the authority and power to compel the appearance and attendance of any such person and the production by such person of pertinent books and papers, including books and papers to which the person has access because of his position with a financial institution, and for such purposes shall have the authority to issue a subpoena requiring the appearance and attendance of any such person or for the production of any pertinent books and papers. (c) If any person shall fail or refuse to obey an order or subpoena issued by the department, a court of appropriate jurisdiction, upon application by the department, may issue an order requiring such person to appear before the court to show cause as to why he or she should not be adjudged in contempt and punished accordingly for refusal to obey the subpoena."

SECTION 3. Said chapter is further amended by revising Code Section 7-1-72, relating to regulation of persons performing services for financial institutions, as follows:

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"7-1-72. (a) Notwithstanding any other provisions of law to the contrary and consistent with the objectives of this chapter as set forth in Code Section 7-1-3 and subject to the procedures provided in regulations of the department, a financial institution may provide financial services to its customers either directly or through employment of duly licensed persons, provided that such financial institution or its licensed employee or agent has qualified under other laws otherwise applicable to other providers of such financial services. (b) Where financial services are being performed by a person or corporation for a financial institution, such person or corporation shall be subject to:
(1) Examination and investigation by the department to the same extent as if the services were performed by the financial institution on its own premises; (2) Regulation by the department in regard to such services to the same extent as if such services were being performed by the financial institution for its own internal benefit or as an extension of the range of financial services products offered to customers of the financial institution; and (3) All enforcement proceedings made available to the department in this title. (c) In the event of conflicting statutory responsibilities, except as otherwise provided by law, the department shall not grant licenses to providers of financial services to or through financial institutions. The department shall be the responsible authority in reviewing, authorizing, or otherwise regulating, consistent with this chapter, the contractual relationship entered into by financial institutions for the provision of such services or incidental to application for further licensing. (d) For purposes of this Code section, 'financial services' shall include, but is not limited to, business and consumer financial record keeping, investments, planning and advisory assistance, surety, brokerage, data processing, electronic fund transfers, information services, and protective services performed for a financial institution which are normally performed by the financial institution for its own benefit or provided to the customers of the financial institution incidental to its conduct of the banking business. The department may further define 'financial services' to include other activities of a financial nature which it determines to be consistent with the safe and sound operation of a banking business, not otherwise in violation of this chapter, and in the public interest. (e) The department may, by regulation, prescribe fees to be paid for examinations of a person or corporation that performs financial services for a financial institution. (f) Notwithstanding Code Section 7-1-70, the department may furnish a copy of any report of a financial service provider prepared by the department to the financial institution serviced by the financial service provider."

SECTION 4. Said chapter is further amended in Code Section 7-1-91, relating to orders by the department, enforcement, and civil penalties, by revising subsection (a) as follows:

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"(a) Whenever it shall appear to the department that the capital stock of a financial institution has been reduced below the minimum required by law or below the amount required by its articles, the department may issue a written order directing such corporation to restore the deficiency within such period as shall be specified in the order."

SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"7-1-239.6. A financial institution or mortgage lender, as such term is defined by Code Section 7-1-1000, may charge a convenience fee provided that such fee is permissible in accordance with Code Section 13-1-15. For purposes of this Code section, the term 'convenience fee' means any additional amount imposed to a consumer at the time of a transaction for the election of making a payment by electronic means. A convenience fee may include, but is not limited to, any fee charged for payment to an account with the assistance of a live representative or agent of the financial institution or mortgage lender, by telephone, using a voice response unit, or other electronic means. A convenience fee does not include a discount offered by a lender or merchant to a person for payment by cash, check, or similar means."

SECTION 6. Said chapter is further amended by revising Code Section 7-1-285, relating to limits on obligations of one person or corporation relative to banks, as follows:
"7-1-285. (a) As used in this Code section, the term:
(1) 'Credit exposure as a counterparty in derivative transactions' means an amount that the bank reasonably determines, pursuant to a methodology acceptable to the department under the terms of the derivative or otherwise, would be its loss if a counterparty were to default on the date of determination, taking into account any netting and collateral arrangements and any guarantees or other credit enhancements; provided, however, that the bank may elect to determine credit exposure on the basis of such other method of determining credit exposure as may be permitted by the department and the bank's primary federal regulator. (2) 'Derivative transaction' includes any transaction that is an agreement, contract, note, option, swap, or warrant that is based, in whole or in part, on the value of, any interest in, or any quantitative measure or the occurrence of any event relating to, one or more commodities, securities, currencies, interest or other rates, indices, or other assets. (3) 'Person or corporation' includes, but is not limited to, an individual, corporation, partnership, trust, association, joint venture, pool, syndicate, sole proprietorship, or unincorporated organization. The term 'person or corporation' shall not include the affiliates of a bank or a clearing organization registered or exempt from registration with

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the Commodity Futures Trading Commission, the Securities and Exchange Commission, any other federal agency, or any successor agencies. (a.1) A bank shall not at any time: (1) Make loans to any one person or corporation; (2) Have obligations owing to it from any one person or corporation as a result of purchasing or discounting evidences of indebtedness or agreements for the payment of money; or (3) Have credit exposure as a counterparty in derivative transactions with any one person or corporation, where the aggregate of such loans, obligations, and credit exposure together exceeds 15 percent of the statutory capital base of the bank at the time of issuance of a binding commitment unless each loan, discount, purchase, or derivative transaction in excess of such 15 percent limit is approved in advance by the board of directors or a committee authorized to act for it subject to the provisions set forth in subsections (b) and (c) of this Code section. Approval by the board of directors or authorized committee shall be recorded in the formal minutes of the actions of the board or its committee by name of borrower, amount of loan, maturity of loan, general type of collateral, and such other information as required pursuant to the rules and regulations of the department. Any action required by this subsection may be taken pursuant to Code Section 7-1-483, provided that the minutes of the proceedings of the board or of the committee reflect such action and each director taking such action signs the minutes reflecting such action by no later than the next regular meeting of the board or committee attended by such director. (b) Except as provided in subsection (c) of this Code section, a bank shall not directly or indirectly make loans, have obligations, or have credit exposure as a counterparty in derivative transactions to any one person or corporation which in aggregate exceed 15 percent of the statutory capital base of the bank at the time of issuance of a binding commitment unless the entire amount of such loans, obligations, and credit exposure in derivative transactions is secured by good collateral or other ample security and does not exceed 25 percent of the statutory capital base at the time of issuance of a binding commitment. Except as otherwise indicated in subsection (c) of this Code section, the purchase or discount of agreements for the payment of money or evidences of indebtedness shall be regarded as indirect loans to the person or corporation receiving the proceeds of such transactions. In estimating the legal lending limit for any one person or corporation, loans to related corporations, partnerships, and other entities shall be combined subject to regulations established by the department. (c) The limitations of subsection (b) of this Code section shall not apply to: (1) Obligations of and obligations guaranteed by:
(A) The United States; (B) The State of Georgia or a public body thereof authorized to levy taxes; or (C) Any state of the United States or any public body thereof if the obligations or guarantees are general obligations;

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(2) Obligations to the extent secured by: (A) Obligations specified in paragraph (3) of this subsection; (B) Obligations which the bank would be authorized to acquire without limit as investment securities pursuant to Code Section 7-1-287; (C) Obligations fully guaranteed by the United States; (D) Guaranties or commitments or agreements to take over or purchase made by any public body of the United States or any corporation owned directly or indirectly by the United States; or (E) Loan agreements between a local public agency or a public housing agency and an instrumentality of the United States pursuant to national housing legislation under which funds will be provided for payment of the obligations secured by such loan agreements;
(3) Obligations in the form of investment securities acquired pursuant to Code Section 7-1-287 and related regulations; (4) Obligations with respect to the sale of federal or correspondent funds to financial institutions having their deposits insured to the same extent as that required of similar institutions chartered in this state; and (5) A renewal or restructuring of a loan as a new loan or extension of credit following the exercise by the bank of reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limits of this Code section, unless:
(A) New funds are advanced by the bank to the borrower, except as permitted under this Code section; (B) A new borrower replaces the original borrower; or (C) The department determines that a renewal or restructuring was undertaken as a means to evade the bank's lending limit. (d) In lieu of following the limitations contained in subsections (a) through (c) of this Code section and the related regulations of the department, a bank may petition the department for approval to utilize all of the limitations applicable to national banks regarding obligations of a single person or corporation. (e) The department may, by regulation not inconsistent with this Code section, prescribe definitions of and requirements for transactions included in or excluded from the indebtedness to which this Code section applies. The department may also by regulation prescribe less restrictive limitations than those listed in subsections (a) through (c) of this Code section for banks meeting certain financial and management criteria. In addition, the department may, by regulation or otherwise, specify that the liabilities of a group of one or more persons or corporations or both shall be considered as owed by one person or corporation for the purposes of this Code section because the borrowers within the group are related through common control or the group meets other criteria established by the department for the combination of indebtedness for legal lending limitation purposes."

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SECTION 7. Said chapter is further amended by revising Code Section 7-1-294, relating to transaction of business by banks on holidays and outside of banking hours, as follows:
"7-1-294. (a) Notwithstanding any existing provisions of law relative to the time of maturity or presentment of negotiable instruments, any financial institution doing business in this state may, at its option, outside of regular banking hours on any day, or at any time on a day which is in whole or in part a holiday, pay, certify, or accept negotiable or nonnegotiable instruments including a demand instrument dated on the holiday on which it is presented for payment, certification, or acceptance and transact any other business which would be valid if done on a business day during regular banking hours. (b) Nothing in this Code section shall require any financial institution which remains open for business on all or a part of any holiday to do or perform any act on that day in its capacity as a collection agent which would not be required of it if it were closed on such holiday or part holiday."

SECTION 8. Said chapter is further amended by adding new Code sections to read as follows:
"7-1-316. (a)(1) A trust company shall provide an irrevocable letter of credit or pledge securities acceptable to the department to defray the costs of a liquidation of the trust company in the event it should be placed into receivership. (2) The amount of the securities or the letter of credit required in this Code section shall be determined by the department as appropriate to defray the costs associated with receivership, provided that such amount shall be no less than $500,000.00. (3) Any letter of credit shall be: (A) Made payable to the department and issued by a Federal Home Loan Bank or a federally insured financial institution, approved by the department and authorized to do business in this state; (B) In a form and with terms acceptable by the department; and (C) Obtained from an entity in which the trust company has no financial interest. (4) Any pledged securities shall be held at a bank authorized to do business in this state, and any fees associated with holding such securities shall be the responsibility of the trust company.
(b) If a trust company is placed in receivership, the department may, without regard to any priorities, preferences, or adverse claims, reduce the pledged securities or the letter of credit provided by a trust company to cash and, as soon as practicable, utilize the cash to defray the costs associated with receivership.

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7-1-317. (a) The department may require, based on safety and soundness, that a trust company maintain a minimum amount of capital, provided that such amount shall in no event be less than $3 million. The department may alter the amount of capital required to be maintained by a trust company from time to time as may be necessary for the safe and sound operation of such trust company. (b) The department may consider the following in establishing the minimum amount of capital:
(1) The nature and type of business to be conducted; (2) The nature and liquidity of assets to be held; (3) The amount of fiduciary assets to be under management of the trust company; (4) The type of fiduciary assets to be held and the depository for such assets; (5) The complexity of fiduciary duties and degree of discretion to be undertaken; (6) The competence and experience of management; (7) The extent and adequacy of internal controls; (8) The presence or absence of annual unqualified audits by an independent certified public accountant; (9) The reasonableness of business plans for retaining or acquiring additional equity capital; (10) The existence and adequacy of insurance to protect the clients, beneficiaries, and grantors of the trust company; (11) Any history of operating losses; (12) Any history of loss in relation to fiduciary or custodial accounts; and (13) The amount of support from the trust company's parent or affiliate.

7-1-318. (a) No trust company shall pledge or create a lien on any of its assets except to secure:
(1) The repayment of money borrowed; or (2) Trust accounts administered by the trust company. (b) An act, deed, conveyance, pledge, or contract in violation of this Code section shall be considered void."

SECTION 9. Said chapter is further amended by revising Code Section 7-1-351, relating to deposits by minors and safe-deposit agreements with banks and trust companies, as follows:
"7-1-351. (a) A bank may receive deposits from:
(1) A minor who is at least 16 years of age; or (2) One or more minors jointly with one or more adults, as party to and with the same effect as a multiple-party account under Article 8 of this chapter.

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(b) A bank may use electronic means, including, but not limited to, wire and mobile application software, to provide access to and facilitate the movement of money in such deposit account. (c) A bank or trust company may rent a safe-deposit box or other receptacle for safe deposit of property to, and receive property for safe deposit from:
(1) A minor who is at least 16 years of age; or (2) One or more minors jointly with one or more adults. (d) A bank or trust company may deal with a minor who is at least 16 years of age with respect to a deposit account or safe-deposit agreement covered by paragraph (1) of subsection (a) or paragraph (1) of subsection (c) of this Code section without the consent of a parent or guardian and with the same effect as though the minor were an adult. A parent or guardian shall not have any right in that capacity to interfere with any such transaction. Any action of the minor with respect to such deposit account or safe-deposit agreement shall be binding on the minor with the same effect as though the minor were an adult. (e) Nothing in this Code section shall be deemed to require a bank or trust company to provide deposit accounts or safe-deposit agreements authorized by this Code section."

SECTION 10. Said chapter is further amended in Code Section 7-1-394, relating to investigation, approval or disapproval by the department, and abbreviated procedures for incorporation of banks and trust companies, by revising subsections (d) and (e) as follows:
"(d) The department may utilize in its investigation process such reports from other bank supervisory agencies as are pertinent to the requirements of state law."

SECTION 11. Said chapter is further amended in Code Section 7-1-419, relating to subordinated securities of banks and trust companies, by revising subsection (a) as follows:
"(a) A bank or trust company may issue notes, debentures, or other obligations in the form of 'subordinated securities,' provided that they:
(1) Are subordinated in right of payment, in the event of insolvency or liquidation of the bank or trust company, to the prior payment of all deposits of the bank or trust company and of all claims of other creditors of the bank or trust company except the holders of securities on a parity therewith and the holders of securities expressly subordinated thereto; (2) Are authorized by the same votes of directors as those required for authorization of an increase in capital stock or any instrument convertible into capital stock of the bank or trust company; (3) Contain provisions for amortization, serial maturities, transfers to a sinking fund, allocation of reserves, or other provisions sufficient to pay or to have paid at maturity all amounts due thereon;

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(4) Furnish disclosures to investors of the risks associated with the subordinated securities prior to investment; and (5) Include notice that, if the bank or trust company becomes subject to a regulatory action, then the bank or trust company may be prohibited from paying or retiring the subordinated securities."

SECTION 12. Said chapter is further amended in Code Section 7-1-485, relating to removal of directors and vacancies within the board of directors of banks and trust companies, by revising subsection (b) as follows:
"(b) 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 after his or her election or such longer time as the bylaws may specify, 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 monthly meetings or two successive quarterly meetings, if quarterly meetings have been approved by the department, without having been excused by the board; (4) The director was an employee or duly elected officer of the bank or trust company 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 bank or trust company; (5) The director has been indicted for any crime involving moral turpitude, dishonesty, or breach of trust; or (6) The director has failed to make payments on a loan or other extension of credit which causes a loss to a financial institution."

SECTION 13. Said chapter is further amended in Code Section 7-1-607, relating to registration, reporting, examinations, and control of bank holding companies, by revising subsections (a) and (d) as follows:
"(a) On July 1, 1976, and annually thereafter on dates established by the commissioner, each bank holding company that controls a bank chartered by the department 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." "(d) Bank holding companies that control a bank chartered by the department 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

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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 chartered by the department."

SECTION 14. Said chapter is further amended in Code Section 7-1-621, relating to definitions relative to interstate acquisitions of banks and bank holding companies, by revising paragraph (3) as follows:
"(3) 'Bank holding company' means any company which is a bank holding company under Code Section 7-1-605."

SECTION 15. Said chapter is further amended by revising Code Section 7-1-628.5, relating to requirements for out-of-state bank that is a resulting bank of an interstate merger transaction, as follows:
"7-1-628.5. (a) 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. (b) Prior to consummation of an interstate merger between an out-of-state bank and a Georgia state bank, the resulting bank shall provide the commissioner with satisfactory evidence of all required approvals from all relevant bank supervisory agencies. (c) Prior to consummation of an interstate merger between an out-of-state bank and a Georgia state bank, and continuously thereafter, the out-of-state bank shall maintain deposit insurance issued by a federal public body while it has a branch or any other location in this state. (d) Any holding company of the resulting bank from an interstate merger transaction between an out-of-state bank and a Georgia state bank shall comply with Part 19 of this article and Code Sections 7-1-605 through 7-1-612."

SECTION 16. Said chapter is further amended in Code Section 7-1-630, relating to initial subscribers, required filings, fees, and selection of initial directors of credit unions, by revising subsection (b) as follows:
"(b) For purposes of this article, 'common bond' is described as that specific relationship of occupation, association, or interest; residence or employment within a well-defined neighborhood, community, or rural district; employees of a common employer; or members of a bona fide cooperative, educational, fraternal, professional, religious, rural, or similar

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organization which tends to create a mutual interest between persons sharing the relationship. Persons related by blood, adoption, or marriage to or living in the same household with a person within such common bond and the surviving spouses of deceased members shall also be considered within the common bond."

SECTION 17. Said chapter is further amended by revising Code Section 7-1-650, relating to powers of credit unions, as follows:
"7-1-650. A credit union shall have, in addition to the powers common to all corporations under the laws of this state, the power to:
(1) Receive funds from its members or other financial institutions in the form of shares and deposits on accounts or as evidenced by certificates of deposit issued by the credit union but shall not have the power to offer third-party payment services except as authorized under Code Section 7-1-670; (2) Receive savings deposits from nonmembers, provided that such deposits are:
(A) Insured by or through a federal public body or are expressly authorized by state or federal law; (B) Made in such a manner as expressly authorized by the bylaws; (C) Not deposited in a share draft account; and (D) Not bearing a greater rate of interest than the rate of interest paid to members for the same class of deposit; (3) Make loans to members subject to approval by its credit committee or authorized employees pursuant to Code Section 7-1-658; (4) On the authority of its board of directors or by employees authorized by the board of directors, invest: (A) In obligations of the United States, including bonds and securities upon which payment of principal and interest is fully guaranteed by the United States; obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, or any corporation designated in Section 846 of Title 31 of the United States Code as a wholly owned government corporation; or in obligations, participations, or other instruments of or issued by or fully guaranteed as to principal and interest by the Federal National Mortgage Association or the Government National Mortgage Association; (B) In general and direct obligations of the State of Georgia, its counties, districts, and municipalities which have been validated as provided by law, if no more than 25 percent of the shares and deposits of a credit union shall be invested in the obligations of any one such obligor; (C) In loans to other credit unions, provided the loans do not exceed 10 percent of the shares, deposits, and surplus of the investing credit union;

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(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, whole loans, or loan participations through such financial institutions; subject to limitations prescribed in regulations issued by the department; and (E) In any other types of investments authorized by the department, including commercial paper, provided that such investments shall not, in the aggregate, exceed 10 percent of the shares, deposits, and surplus of the investing credit union or 15 percent of its equity capital, as defined by the department, in authorized investments issued by any single obligor; (5) Borrow from any source, provided that the total of such borrowings shall at no time exceed 50 percent of paid-in shares, deposits, and surplus. The department may, notwithstanding the other provisions of this Code section, temporarily waive the requirements of this paragraph to permit an individual credit union to borrow for emergency purposes; (6) 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; (7) Organize and engage in business without having any stated amount of capital subscribed or paid in other than that derived from the subscribers' qualifying shares, commence business with only such capital authorized and paid in as may be provided in its bylaws, and provide for the payment and withdrawal thereof as and in the manner provided by its bylaws; (8) Purchase, hold, and convey real estate for the following purposes only: (A) Such real estate as the credit union occupies or intends to occupy primarily for the transaction of its business, subject to the prior approval of the department except to the extent authorized by regulation; (B) Such real estate as shall be conveyed to it in satisfaction of debt previously contracted in the course of its business; and (C) Such real estate as it shall purchase at sales under judgments, decrees, or mortgage foreclosures pursuant to mortgages or security deeds held by it; (9) Hold 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, 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 and provided that no such property is held for more than five years without the prior written approval of the department;

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(10) Hold property other than real estate, which is acquired in satisfaction of debts previously contracted and which a credit union is not otherwise authorized to own, for no longer than six months unless such time period is extended by the department; (11) Dispose of property held pursuant to paragraphs (9) and (10) of this subsection through financing 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 (12) Provide, through an amendment to its bylaws approved by two-thirds of its membership present and voting, for the elimination or limitation of personal liability of a director to the members in their capacity as shareholders of the credit union to the same extent as a bank or trust company operating under the provisions of this chapter."

SECTION 18. Said chapter is further amended in Code Section 7-1-651, relating to membership and shares for credit unions, by revising subsection (b) as follows:
"(b) Societies, associations, partnerships, and corporations composed of persons who are eligible for membership or headquartered within the field of membership may be admitted to membership in the same manner and under the same conditions as such persons."

SECTION 19. Said chapter is further amended by revising Code Section 7-1-657, relating to duties of supervisory committee, inspections, comprehensive annual audits, and use of independent accountants by credit unions, as follows:
"7-1-657. (a) The supervisory committee shall be responsible for securing a comprehensive audit of the credit union at least once each year unless such time period is modified pursuant to the rules and regulations of the department. Except as provided for in subsection (c) of this Code section, the committee shall employ the services of a licensed, independent certified public accountant or firm of such accountants to make such comprehensive audit. The results of the audit shall be submitted to the board, and the committee shall present a summary of the results of the audit to the membership. The committee shall make recommendations to the board for the correction of any deficiencies disclosed by the audit. The annual audit shall include a confirmation of the share, deposit, and loan accounts of the members and such other procedures as the department might require. The annual audit shall be preserved with the records of the credit union, and a copy of such audit shall be filed with the department upon request by the department. (b) The supervisory committee, from time to time, may conduct or cause to be conducted other audit functions or reviews of operations or may make or cause to be made an inspection of the assets and the liabilities of the credit union. The committee shall report the results of any such reviews to the board of directors and shall be responsible for making

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specific recommendations to the board regarding any unsafe, unsound, or unauthorized activities discovered. (c) Based upon the total assets of a credit union, the complexity of a credit union, or other factors, the department may enact rules and regulations authorizing certain credit unions to obtain the required comprehensive audit from an individual or entity that is not a licensed, independent certified public accountant or firm of such accountants so long as the individual or entity is independent or otherwise qualified."

SECTION 20. Said chapter is further amended in Code Section 7-1-667, relating to mergers of credit unions, by revising subsection (a) as follows:
"(a) A credit union may, with the approval of the department and in accordance with such uniform rules and regulations as it shall make and promulgate, be merged with another credit union under the articles of such credit union. Such merger may occur regardless of whether the credit unions serve the same field of membership, so long as there is adopted a plan agreed upon by the majority of the board of each credit union joining the merger and approved by not less than a majority of the members of the credit union being acquired present and eligible to vote at the meeting called for that purpose. The department may allow waiver of the member vote if, in its judgment, the merger is necessary to protect the safety and soundness of either or both credit unions. All property, property rights, and interests of the merging credit union shall, upon merger, be transferred to and vested in the continuing credit union without deed, endorsement, or other instrument of transfer; and the debts and obligations of the merging credit union shall be deemed to have been assumed by the continuing credit union; and thereafter the articles of the merging credit union shall be void."

SECTION 21. Said chapter is further amended in Code Section 7-1-668, relating to conversion of state and federal credit unions, by revising subsection (b) as follows:
"(b) The procedure for obtaining such approval and effecting the conversions in the case of a credit union shall be as follows:
(1) A meeting of the board of directors, either regular or special, shall be called for the purpose of voting on converting from a federal credit union to a credit union or from a credit union to a federal credit union. A majority of the board of directors shall adopt a resolution approving the contemplated conversion; (2) A meeting, either regular or special, of the members shall then be called for voting on the proposed conversion. Notice of said meeting shall be given in the manner prescribed in Code Section 7-1-6 and shall include a statement indicating that the proposed conversion will be considered at the meeting. Proof of giving of the notice shall be by the affidavit of the president of the credit union. A majority of the members present at this meeting shall then approve the proposed conversion; and

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(3) Within ten days after such approval of the conversion, the president or vice-president and treasurer shall file a verified copy of the resolution adopted by the board of directors with the state or federal authority under whose supervision the converting credit union is to operate."

SECTION 22. Said chapter is further amended in Code Section 7-1-687, relating to notice of action against licensee by creditor or claimant and other notification requirements, by revising subsection (c) as follows:
"(c) A bond filed with the department for the purpose of compliance with Code Section 7-1-683.2 shall not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail, statutory overnight delivery with return receipt requested, or electronically through the Nationwide Multistate Licensing System and Registry, and such cancellation shall be effective no sooner than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation."

SECTION 23. Said chapter is further amended in Code Section 7-1-707, relating to required endorsement by licensee, immediate payments, deferment of payment, identification requirements, and acceptable fee for services, by revising subsection (c) as follows:
"(c) Notwithstanding the provisions of subsection (b) of this Code section, checks may be accepted for collection with payment deferred where the licensee has posted a surety bond in the same manner as prescribed for licensed money transmitters or licensed payment instrument sellers under Code Section 7-1-683.2 and under the same conditions as set forth under Code Section 7-1-687. The surety bond shall be in the aggregate amount of $10,000.00 for each location operated by the licensee, if the licensee operates three or fewer locations, plus $5,000.00 per location for the fourth and fifth locations operated by the licensee, plus $1,000.00 for each location operated by the licensee in excess of the fifth location. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any claimant against the licensee arising out of the licensee's business of cashing payment instruments with payment deferred in this state. The bond shall not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail, statutory overnight delivery with return receipt requested, or electronically through the Nationwide Multistate Licensing System and Registry, and such cancellation shall be effective no sooner than 30 days after receipt by the department of such notice. In no event shall payment of a check be deferred past the time the licensee has collected on the check. Upon collection, payment shall be made immediately to the party from whom the licensee accepted the check."

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SECTION 24. Said chapter is further amended in Code Section 7-1-1003.2, relating to financial and bond requirements for licensing and registration of mortgage lenders and mortgage brokers, by revising subsections (a) and (b) as follows:
"(a) Each licensed or registered mortgage broker shall provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $150,000.00 or such greater sum as the department may require as set forth by regulation based on an amount that reflects the dollar amount of loans originated, and the bond shall meet the other requirements of subsection (d) of this Code section. (b) Except as otherwise provided in subsection (d) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant provides the department with a bond. The bond for a mortgage lender shall be in the principal sum of $250,000.00 or such greater sum as the department may require as set forth by regulation based on an amount that reflects the dollar amount of loans originated, and which bond shall meet the other requirements of subsection (d) of this Code section."

SECTION 25. Said chapter is further amended in Code Section 7-1-1007, relating to licensee to give notice of certain actions brought against it by a creditor or borrower and notice to the department of cancellation of bond, by revising subsection (c) as follows:
"(c) A bond filed with the department for the purpose of compliance with Code Section 7-1-1003.2 or 7-1-1004 shall not be canceled by either the mortgage loan originator, mortgage broker, or mortgage lender or the corporate surety except upon notice to the department by registered or certified mail, statutory overnight delivery with return receipt requested, or electronically through the Nationwide Multistate Licensing System and Registry, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation."

SECTION 26. Said chapter is further amended in Code Section 7-1-1009, relating to maintenance of books, accounts, and records by mortgage lenders, mortgage brokers, and mortgage loan originators; investigation and examination of licensees and registrants by department; confidentiality; and exemptions from civil liability, by revising subsection (d) as follows:
"(d) The department, at its discretion, may: (1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated or is about to violate this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article;

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(2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; (3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department; (4) Disclose the imposition of an administrative fine or penalty under this article; and (5) Conduct an on-site examination without prior notice, with the licensee or registrant to pay the reasonably incurred costs for such examination, including out-of-state travel expenses, and the department shall be authorized to net such out-of-state expenses against the payments from the licensee or registrant."

SECTION 27. Code Section 13-1-15 of the Official Code of Georgia Annotated, relating to the charging of convenience fees by a lender or merchant, is amended by revising subsections (b) and (e) as follows:
"(b) In addition to any other charges, interest, and fees permitted by law and subject to the terms and conditions of the debit card or credit card acceptance agreement, a lender or merchant may collect a nonrefundable convenience fee from any person electing to utilize an option of payment by electronic means. Such convenience fee shall be in an amount that represents the actual cost to a lender or merchant; provided, however, that in lieu of the actual cost, a lender or merchant is authorized to collect a convenience fee which does not exceed the average of the actual cost incurred for a specific type of payment made by electronic means for which such lender or merchant imposes a convenience fee." "(e) This Code section shall apply only to loans made pursuant to Chapter 1 of Title 7, industrial loans made pursuant to Chapter 3 of Title 7, retail installment and home solicitation sales contracts entered into pursuant to Article 1 of Chapter 1 of Title 10, motor vehicle sales financing contracts entered into pursuant to Article 2 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a convenience fee authorized under this Code section shall not constitute interest, an additional charge, a time price differential, a finance charge, or a service charge within the meaning of Code Section 7-3-15, 10-1-4, 10-1-33, or 33-22-9."

SECTION 28. Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, is amended in Code Section 53-12-2, relating to definitions, by revising paragraph (4) as follows:
"(4) 'Foreign entity' means: (A) Any financial institution whose deposits are federally insured which is organized or existing under the laws of any state of the United States, other than Georgia, or any subsidiary of such financial institution;

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(B) Any other corporation organized or existing under the laws of any state of the United States, other than Georgia, and chartered or licensed under the laws of such state; and (C) Any federally chartered financial institution whose deposits are federally insured having its principal place of business in any state of the United States, other than Georgia, or any subsidiary of such financial institution."

SECTION 29. Said chapter is further amended in Code Section 53-12-321, relating to the authority of foreign entities to act in a fiduciary capacity, by revising subsection (a) as follows:
"(a) Any foreign entity may act in this state as trustee, executor, administrator, guardian, or any other like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, security deed, mortgage, deed of trust, court order, or otherwise without the necessity of complying with any law of this state relating to the qualification of foreign entities to do business in this state or the licensing of foreign entities to do business in this state, except as provided in this article, and notwithstanding any prohibition, limitation, or restriction contained in any other law of this state, provided only that the foreign entity is authorized to act in the fiduciary capacity in the state in which it is chartered or licensed or, if the foreign entity is a national banking association, in the state in which it has its principal place of business."

SECTION 30. Said chapter is further amended by revising Code Section 53-12-322, relating to the prohibition on the establishment of a place of business by a foreign entity acting as a fiduciary not transacting business in this state, as follows:
"53-12-322. A foreign entity, insofar as it acts in a fiduciary capacity in this state pursuant to this article, shall not establish or maintain in this state a place of business, branch office, or agency for the conduct in this state of business as a fiduciary unless it obtains a certificate of authority to transact business in this state as required by Article 15 of Chapter 2 of Title 14."

SECTION 31. Said chapter is further amended in Code Section 53-12-323, relating to filing statement with the Secretary of State and appointment of an agent for service by a foreign entity, by revising subsections (a) and (b) as follows:
"(a) Prior to the time when any foreign entity acts pursuant to the authority of this article in any fiduciary capacity in this state, the foreign entity shall file with the Secretary of State a verified statement which shall state:
(1) The correct name of the foreign entity; (2) The name of the state under the laws of which it is incorporated or organized or, if the foreign entity is a national banking association, a statement of that fact;

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(3) The address of its principal business office; (4) In what fiduciary capacity it desires to act in this state; (5) That it is authorized to act in a similar fiduciary capacity in the state in which it is chartered or licensed or, if it is a national banking association, in which it has its principal place of business; (6) The name of the governmental entity that issued the charter or license; and (7) The name and address of a person who may be found and served with notice, summons, or process in this state and who is designated by the foreign entity as its agent for such service. (b) The statement provided for in subsection (a) of this Code section shall be verified by an officer of the foreign entity, and there shall be filed with it such certificates of public officials and copies of documents certified by public officials as may be necessary to show that the foreign entity is authorized to act in a fiduciary capacity similar to those in which it desires to act in this state, in the state in which it is chartered or licensed, or, if it is a national banking association, in which it has its principal place of business."

SECTION 32. (a) Except as provided for in subsection (b) of this section, this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval. (b) Section 24 of this Act shall become effective on December 31, 2017.

SECTION 33. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2017.

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PROPERTY COUNCIL ON AMERICAN INDIAN CONCERNS; ATTACH TO DEPARTMENT OF NATURAL RESOURCES FOR ADMINISTRATIVE PURPOSES.

No. 58 (House Bill No. 153).

AN ACT

To amend Part 2 of Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the Council on American Indian Concerns, so as to attach the council to the Department of Natural Resources for administrative purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the Council on American Indian Concerns, is amended by revising Code Section 44-12-280, relating to the council's creation, membership, assignment, terms of office of members, and removal for failure to attend meetings, as follows:
"44-12-280. (a) As used in this Code section, the term:
(1) 'Anthropologist' means a physical anthropologist who holds a Ph.D. in physical anthropology with demonstrated experience in on-site identification of human skeletal remains and who is currently active in the profession. (2) 'Archeologist' means any person who:
(A) Is a member of or meets the criteria for membership in the Society of Professional Archaeologists and can demonstrate experience or formal training in the excavation and interpretation of human graves; or (B) Was employed on July 1, 1992, by the state or by any county or municipal governing authority as an archeologist. (b) There is created the Council on American Indian Concerns, which shall consist of nine members to be appointed by the Governor. Five members shall be American Indians. Three members shall represent the scientific community and shall include at least one archeologist and one anthropologist; provided, however, that if no anthropologist can be identified who is willing to serve, then the membership reserved to an anthropologist shall be filled by a person who holds a master's degree or a higher degree in the field of anthropology and is currently active in the profession. One member shall be selected from the general public at large. All members of the council shall be legal residents of the State of Georgia. The Governor shall consult the tribal groups located in the state recognized by general law, the Human Relations Commission, the Georgia Council of Professional Archaeologists, the Society for Georgia Archaeology, and the Department of Natural Resources for recommendations before appointing members of the council. (c) The council is assigned to the Department of Natural Resources for administrative purposes only, as specified in Code Section 50-4-3. (d) The terms of appointment for members of the council shall be as follows: two American Indians, one scientist, and one representative of the general public shall be appointed for an initial term of three years; two American Indians, one scientist, and one representative of the general public shall be appointed for an initial term of two years; and one scientist shall be appointed for an initial term of one year. The member who represents the general public and who has the least time left in his or her term on July 1, 2002, shall cease to be a member on that date, and a member who is an American Indian shall be appointed to take office on that day for a term of three years. The Governor shall specify the length of the initial term of the councilmembers in their initial appointments. After

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such initial terms, all councilmembers shall be appointed for terms of three years. Active and continued participation by members of the council is needed. The Governor may remove any member who fails to attend three regularly scheduled consecutive meetings. Councilmembers may succeed themselves."

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

Approved May 1, 2017.

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PROFESSIONS AND BUSINESSES REPEAL REQUIREMENTS FOR ADVERTISING OR PUBLICIZING OF MEDICAL SPECIALTY CERTIFICATION.

No. 59 (House Bill No. 157).

AN ACT

To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to repeal requirements for advertising or publicizing of medical specialty certification; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, is amended by repealing Code Section 43-34-22.1, relating to requirements for advertising or publicizing of medical specialty certification.

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

Approved May 1, 2017.

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FOOD, DRUGS, AND COSMETICS AUTHORIZE DEPARTMENT OF AGRICULTURE TO ENTER INTO AGREEMENTS WITH FEDERAL GOVERNMENT TO ENFORCE CERTAIN FEDERAL LAWS.

No. 64 (House Bill No. 176).

AN ACT

To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to authorize the Department of Agriculture to enter into agreements with the federal government to enforce provisions of certain federal laws; 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 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by adding a new article to read as follows:

"ARTICLE 17

26-2-440. As used in this article the term:
(1) 'Administration' means the United States Food and Drug Administration. (2) 'Department' means the Georgia Department of Agriculture. (3) 'Federal act' means the federal Food Safety Modernization Act, 21 U.S.C. Section 301, et seq.

26-2-441. (a) The department, acting by and through its commissioner, is designated as the state agency responsible for cooperating with the administration under the provisions of the federal act. (b) In furtherance of its responsibilities under subsection (a) of this Code section, the department may:
(1) Conduct inspections and take other regulatory actions as necessary to assist the administration in enforcement of the federal act; and (2) Enter into cooperative agreements with the administration to carry out the provisions of the federal act."

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

Approved May 1, 2017.

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STATE GOVERNMENT RECREATE GEORGIA GEOSPATIAL ADVISORY COUNCIL.

No. 65 (House Bill No. 183).

AN ACT

To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to recreate the Georgia Geospatial Advisory Council under the Department of Community Affairs; to provide for definitions; to provide that all documents and data of the current Georgia Geospatial Advisory Council that is under the Environmental Protection Division of the Department of Natural Resources shall be transferred to the new council; to provide for appointment of members to the council, selection of a chairperson, and payment of certain expenses; to provide for availability of reports generated by the council; to provide for promulgation of certain rules and regulations; 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 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding a new article to read follows:

"ARTICLE 13

50-8-300. As used in this article, the term:
(1) 'Commissioner' means the commissioner of community affairs. (2) 'Department' means the Department of Community Affairs.

50-8-301. (a) The Georgia Geospatial Advisory Council shall be created. All data, reports, and other documents of the former Georgia Geospatial Advisory Council as such existed under the

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Department of Natural Resources prior to June 30, 2017, shall be transferred to the department for use by such newly created council. (b) The department shall coordinate the recreation of the Georgia Geospatial Advisory Council. The commissioner, or his or her designee, shall coordinate with state executive branch departments and agencies to appoint members of the council, which may consist of representatives from state departments and agencies, local governments, universities, regional commissions, or any other entity the department determines to be a stakeholder active in the development or consumption of reliable geospatial resources. (c) The council shall meet initially upon the call of the commissioner and shall elect a chairperson at the initial meeting. Subsequent meetings shall be called by the chairperson. The members of the council shall serve at the pleasure of the commissioner. Councilmembers shall receive no compensation for their services as members of the council, but their travel expenses, if any, related to the performance of their official duties may be covered by the departments, agencies, or organizations they represent. (d) The council shall make recommendations for:
(1) Utilizing geospatial capabilities in Georgia to meet any federal notification requirements; (2) Moving forward to achieve reliable governmental data interoperability and enhanced delivery of services to Georgia citizens through the geospatial approach; and (3) Any other aspects of data collection, information optimization, and innovation determined by the council to be necessary for the advancement of geospatial technology. (e) The council may closely coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures. (f) Any reports generated by the council shall be made available on an annual basis by the department to the members of the General Assembly, all departments and agencies of state government, all county and municipal governments, and members of the general public by posting such reports on the appropriate state agency websites. (g) The department shall promulgate such rules and regulations as may be reasonable and necessary for the administration of this article."

SECTION 2. This Act shall become effective on July 1, 2017.

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

Approved May 1, 2017.

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COMMERCE AND TRADE FAIR BUSINESS PRACTICES ACT; REQUIREMENTS FOR CERTAIN SOLICITATIONS.

No. 67 (House Bill No. 197).

AN ACT

To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act, so as to provide for requirements for solicitations of services for obtaining a copy of an instrument conveying real estate; 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. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act, is amended by adding a new Code section to read as follows:
"10-1-393.15. (a) For purposes of this Code section, the term 'instrument conveying real estate' means any documentary material evidencing an interest in real property required under law to be recorded with the superior court in the county in which the land is located, including, but not limited to, a deed to secure debt, a mortgage, a deed under power, and a lien. (b) Any person who mails a solicitation for services to obtain a copy of an instrument conveying real estate shall include, in at least 16 point Helvetica font at the top of and at least two inches apart from any other text on such solicitation, the words:
'THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT. THIS IS A SOLICITATION.' No text on the solicitation shall be larger than the above required words. (c) Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable by the provisions of this part."

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

Approved May 1, 2017.

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FOOD, DRUGS, AND COSMETICS SOCIAL SERVICES REQUIREMENTS FOR CERTAIN AUDITS BY DEPARTMENT OF COMMUNITY HEALTH; CLERICAL AND OTHER ERRORS IN MEDICAL ASSISTANCE FILINGS DO NOT CREATE BASIS FOR RECOUPMENT; INCREASE IN PERSONAL NEEDS ALLOWANCE FOR NURSING HOME RESIDENT.

No. 68 (House Bill No. 206).

AN ACT

To amend Code Section 26-4-118 of the Official Code of Georgia Annotated, "The Pharmacy Audit Bill of Rights," so as to provide for requirements relating to certain audits conducted by the Department of Community Health; 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 provide that clerical or other errors do not constitute a basis to recoup payments made by providers of medical assistance; to provide for a correction period; to provide for a right to a hearing; to provide for applicability; to provide for an increase in the personal needs allowance to be deducted from a nursing home resident's income; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 26-4-118 of the Official Code of Georgia Annotated, "The Pharmacy Audit Bill of Rights," is amended by revising subsection (g) as follows:
"(g) The provisions of paragraph (3) of subsection (b) of this Code section shall not apply to the Department of Community Health conducting audits under Article 7 of Chapter 4 of Title 49; provided, however, that the provisions of Code Section 49-4-151.1 shall apply to such audits conducted by the Department of Community Health under Article 7 of Chapter 4 of Title 49."

SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows:
"49-4-151.1. (a) Any clerical or record-keeping error, including but not limited to a typographical error, scrivener's error, or computer error; any unintentional error or omission in billing, coding, or required documentation; or any isolated instances of incomplete documentation by a provider of medical assistance regarding reimbursement for medical assistance may not in and of itself constitute fraud or constitute a basis to recoup payment for medical assistance

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provided, so long as any such errors or instances do not result in an improper payment. An improper payment includes any payment that was made to an ineligible recipient, payment for noncovered services, duplicate payments, payments for services not received, payments that are for the incorrect amount, and instances when the department is unable to discern whether a payment was proper because of insufficient or lack of documentation. The department or its agents shall not recoup the cost of medical assistance if such error, omission, or incomplete documentation has been resolved in accordance with subsection (b) of this Code section; provided, however, that recoupment shall be allowed to the extent that the error, omission, or incomplete documentation resulted in an improper payment, though recoupment shall be limited to the amount improperly paid. (b) A provider of medical assistance shall be allowed 30 calendar days following receipt by the provider of a preliminary audit review report in which to submit records or documents to correct an error or omission or to complete documentation identified in such review report; provided, however, that the department or its agents, in the discretion of the department, may reject the submission of a corrected record or document if the submission would result in an improper payment, or the provider demonstrates a pattern of repeated errors, omissions, or incomplete documentation. The department shall be authorized to establish rules and regulations delineating what constitutes a pattern of repeated errors, omissions, or incomplete documentation taking into consideration the type of provider; frequency of audits; volume of claims submitted by a provider; type of error, omission, or incomplete documentation; and other pertinent factors. (c) A provider of medical assistance shall be afforded the right to a hearing in accordance with Code Section 49-4-153 for any attempted withholding of reimbursement or recoupment by the department or its agents relating to an error, omission, incomplete documentation, or improper payment relating to the provision of medical assistance. (d) This Code section shall not apply to criminal or civil investigations which involve fraud, willful misrepresentation, reckless disregard, or abuse conducted by the Attorney General's Medicaid Fraud Control Unit or other law enforcement agencies."

SECTION 3. Said article is further amended in Code Section 49-4-142, relating to modification of the state plan, by adding a new subsection to read as follows:
"(d) The department shall, upon state appropriations, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification shall provide that, in determining the amount of a recipient's income that is to be applied to payment for the costs of care in a nursing home, there shall be deducted a personal needs allowance of not less than $70.00 per month which shall include the minimum amount required by 42 U.S.C. Section 1396a(q)(2)."

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

Approved May 1, 2017.

__________

STATE PROPERTY CONVEYANCES AND LEASES.

No. 71 (Senate Resolution No. 228).

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Baldwin County; authorizing the conveyance of certain state owned real property located in Camden County; authorizing the conveyance of certain state owned real property located in Chatham County; authorizing the conveyance of certain state owned real property located in Clinch County; authorizing the ground lease of certain state owned real property located in Coffee County; authorizing the conveyance of certain state owned real property located in Crawford County; authorizing the conveyance of certain state owned real property located in Dougherty County; authorizing the conveyance of certain state owned real property located in Fannin County; authorizing the conveyance of certain state owned real property located in Gordon County; authorizing the conveyance of certain state owned real property located in Hall County; authorizing the conveyance for exchange of certain state owned real property located in Houston County; authorizing the conveyance of certain state owned real property located in Lincoln County; authorizing the conveyance of certain state owned real property located in Muscogee County; authorizing the conveyance of certain state owned real property located in Seminole County; authorizing the conveyance of certain state owned real property located in Tattnall County; authorizing the ground lease of certain state owned real property located in Washington County; authorizing the conveyance of certain state owned real property located in Worth County; authorizing the ground lease of certain state owned real property located in Bartow, Catoosa, Cobb, Fulton, Gordon, and Whitfield Counties, Georgia, and Hamilton County, Tennessee; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Baldwin County, Georgia; and (2) Said property being approximately 2,134 acres of State property inventoried as of February 3, 2014 and on file in the offices of the State Properties Commission as Real

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Property Record 5171, known as the Central State Hospital campus (CSH Campus), founded in the mid-1800's when Milledgeville was the State Capitol, and to comply with the United States Supreme Court's 1999 Olmstead decision regarding the Americans with Disabilities Act, in 1999 Central State Hospital began moving its consumers to community-based services leading to significant vacancies in CSH Campus buildings; and (3) Approximately 1,862 acres of certain improved and unimproved parcels, being a portion of the CSH Campus, in the custody of the Georgia Department of Behavioral Health and Developmental Disabilities and the Georgia Department of Corrections, were authorized for conveyance by the General Assembly of 2014 in Resolution Act 59 (SR 788); and (4) In spite of best efforts to convey the property authorized for conveyance, only 4 tracts, totaling approximately 17 acres, have been committed for conveyance, and 61 acres, including 2 other tracts, have been transferred to other State agencies on the CSH Campus; and (5) Numerous years of vacancy in buildings has allowed existing aged improvements to fall further into extreme disrepair, minimizing the State's ability to attract a purchaser for the remaining surplus property; and (6) The Georgia Department of Behavioral Health and Developmental Disabilities and the Department of Corrections have resolved to retain a total of 90 improved and unimproved acres and to surplus and convey by current legislative action the remaining 1,966 acres; and (7) Based on maintenance costs and building condition information provided by the Department of Behavioral Health and Developmental Disabilities, the State Properties Commission staff believes the surplused property has a negative value to the State of Georgia; and (8) The Central State Hospital Local Redevelopment Authority ("Authority") is a State-Chartered Authority which can issue its own revenue bonds and which has as its mission to convert land and/or buildings of the CSH Campus to economic commercial or industrial uses, or education, transportation or recreation uses; and (9) The Authority desires to acquire the approximately 1,966 acres of improved and unimproved real property in order to carry out its mission, in accordance with a master plan to provide increased economic benefit to the State and said conveyance shall be "as is, where is, and with all faults"; and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Baldwin County, Georgia; and (2) Said real property is all of that improved parcel or tract being approximately 10.60 acres lying and being in Land Lots 253 and 264 in the 1st Land District of the 321st

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GMD in Baldwin County, Georgia acquired by land transfer on February 15, 1952 from the State Department of Public Welfare as authorized by Resolution Act Number 121 (H.R. No. 237-908f) and approved by the Governor; 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 Georgia Forestry Commission and was operated as the Commission's Oconee District Office; and (4) By Resolution dated August 24, 2016, the Georgia Forestry Commission resolved to surplus the approximately 10.60 acres of improved real property to its current and future needs, and resolved to surplus the above-described property; and

WHEREAS: (1) The State of Georgia ("State") is the owner by presumption of law of certain marshlands on a marsh island consisting of approximately 1,720 acres, now known as Raccoon Key located in the 33rd District of Camden County, Georgia, such marshlands being regulated by the Department of Natural Resources ("DNR") pursuant to the Coastal Marshlands Protection Act, O.C.G.A. 12-5-280, et seq., and the Governor's powers to regulate public property, O.C.G.A. 50-16-61; and (2) Mapache, LLC ("Mapache") claims to own the above-referenced marshlands, including approximately 171 acres of currently diked freshwater ponds and approximately 3 acres of naturally occurring upland in fee simple based upon its predecessors' claim of title and pursuant to a warranty deed from Moser Financial LLC dated June 18, 2014 recorded in Deed Book 1717 Pages 384-386 of the Camden County Clerk of Superior Court and described on an aerial drawing of approximately 1,720 acres dated December 23, 2014 by Thomas and Hutton Engineering, which may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (3) Mapache, pursuant to U. S. Army Corps of Engineers ("USACE") Permit Application #SAS-2012-00938, desires to establish, construct, operate, maintain and monitor a proposed approximately 174-acre tidal marsh wetland mitigation bank on property described on that drawing titled "Settlement Proposal" by Resource and Land Consultants dated February 14, 2017 which is divided into Areas 1 through 9 ("the Mitigation Bank Property"), which may be further described by a survey to be submitted to the State Properties Commission, and Mapache desires to commercially sell mitigation credits from such bank in accordance with a mitigation banking instrument approved by USACE and the compensatory mitigation rules and regulations of USACE (33 C.F.R. 325 and 33 C.F.R. 332) and Environmental Protection Agency ("EPA", 40 C.F.R. Part 230); and (4) To resolve all disputes as to ownership of the above-referenced marshlands, the State, as part of a settlement, seeks authorization to quitclaim to Mapache approximately 174 acres of the State's interest in the Mitigation Bank Property, of which title to

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approximately 105 acres located in Areas 1, 2, 3, 4, and 5 on the "Settlement Proposal" drawing shall immediately be subject to use restrictions, and approximately 69 acres in Areas 6, 7, 8 and 9 on the "Settlement Proposal" drawing shall be held in escrow for not more than five years, unless extended by the State Properties Commission, until such time as the mitigation bank is approved by USACE, after which time Mapache shall promptly cause the quitclaim deed to be recorded and shall promptly transfer to the State 15 percent of each credit release granted to the approved mitigation bank, under such terms and conditions as the State Properties Commission may stipulate; and (5) In exchange for and in consideration of the above-referenced quitclaim from the State and in order to resolve all disputes as to ownership of the above-referenced marshlands, Mapache as part of a settlement, shall:
(A) Quitclaim to the State approximately 1,546 acres of marshlands which lie outside of the diked area of Raccoon Key shown on the eastern portion of the site on the aerial drawing of approximately 1,720 acres dated December 23, 2014 by Thomas and Hutton Engineering; and (B) If no license or permit is issued to Mapache for a mitigation bank within the 5 year time limit (unless the time limit is extended by the State Properties Commission), Mapache shall return to the State the escrowed quitclaim deed of approximately 69 acres in Areas 6, 7, 8 and 9 of the Settlement Proposal drawing. If a portion of Areas 6 through 9 is approved by USACE for a mitigation bank, Mapache shall record the escrowed quitclaim from the State and immediately convey to the State that portion of Areas 6 through 9 which was not approved by USACE for a mitigation bank; and

WHEREAS: (1) The State of Georgia is the owner by presumption of law of certain marshlands and water bottoms lying and being in the 2nd Georgia Militia District of Lamar Ward, City of Savannah, Chatham County, Georgia, and bounded north by a line running along the south side of a sheetpile bulkhead on the south side of the Savannah River, between property now or formerly owned by East Coast Associates, LLC of Harbor Street in the City of Savannah, on the east, and property now or formerly owned by Columbia Properties Savannah, LLC of 100 General McIntosh Boulevard in the City of Savannah, also known as the Marriott Hotel property, on the west, and otherwise on the east, south, and west by a line consisting of links 1 through 72, as shown on a plat prepared by Robert K. Morgan, Georgia Registered Land Surveyor, R.L.S. # 3087, which marshland property is subject to regulation pursuant to the Coastal Marshlands Protection Act, O.C.G.A. 12-5-280, et seq. and the Governor's powers to regulate State-owned property, O.C.G.A. 50-16-61, and is hereinafter referred to as the "Property;" and (2) The Property consists of State-owned marshlands that have been previously filled pursuant to Coastal Marshlands Protection Act Permits 512 and 524; and (3) MMA/PSP Savannah River, LLC, claims to own approximately 57.76 acres of land in fee simple lying immediately south of the sheetpile bulkhead previously described

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herein pursuant to a warranty deed from ALR Oglethorpe, LLC dated February 16, 2010 and recorded in Deed Book 358-Z Pages 132-161 of the Chatham County Clerk of Superior Court, which 57.76 acre tract is claimed to include the Property, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (4) MMA/PSP Savannah River, LLC desires to construct a proposed development on this 57.76 acre tract adjacent to the Savannah River, which is claimed to include the Property; and (5) To resolve any and all disputes as to ownership of the Property and all present or former littoral, wharfing, and other rights and privileges in and to the Property and adjoining tidally influenced water bottoms and tidal waters, the State seeks authorization to convey its interest in the Property to MMA/PSP Savannah River, LLC in exchange for the conveyance of certain property from MMA/PSP Savannah River, LLC, which property shall include a strip of land measuring three feet in width adjoining the sheetpile bulkhead described hereinabove for the length thereof, and the receipt of payment in an amount sufficient for the State to receive fair market value for any real property it may convey, and such other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; provided nothing herein shall affect any rights or privileges in and to the Property and adjoining waters claimed by the City of Savannah; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Clinch County; and (2) Said real property is all of that improved parcel or tract being approximately 16.14 acres lying and being in Land Lot 497 of the7th Land District of Clinch County, Georgia, as shown on a plat of survey entitled Proposed Department of Corrections Rehabilitation Center dated November 19, 1989 prepared by Privett and Associates, Inc., Surveyors & Land Planners, more particularly Park D. Privett, Jr., Georgia Registered Land Surveyor #2218, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said real property is under the custody of the Georgia Department of Corrections and was used as Homerville State Prison; and (4) By Resolution dated November 5, 2009, the Georgia Department of Corrections resolved to surplus the approximately 16.14 acres of improved real property to its current and future needs; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Coffee County; and

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(2) Said real property is all of that parcel or tract of approximately 22.06 acres described as Wiregrass Technical College - Coffee County lying and being in the City of Douglas in the original Land Lot 176, 6th Land District and acquired on May 12, 1995 for a consideration of $0 from the Board of Regents of the University System of Georgia and recorded at Deed Book 534, Page 85-88 and Plat Book 74, Page 69 of the Superior Court of Coffee County and in the State Properties Commission inventory as Real Property Record 08647, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said real property was further improved with a 64,290 square foot building known as Wiregrass Regional College & Career Academy which was constructed with State funds for the Technical College System of Georgia and completed in 2016; and (4) The Coffee County Board of Education is desirous of leasing approximately 15,635 square foot portion of the above-referenced one story building for use as the Academy portion of the Wiregrass Regional College and Career Academy, City of Douglas, Coffee County, Georgia for a term of 30 years for a consideration of $10.00 per year (the Premises, and use of approximately 0.609 of an acre of shared parking area and an appurtenant 1.337 acre ingress/egress easement area (the Access Area as described on drawings on file at the State Properties Commission) and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (5) The Technical College System of Georgia resolved on November 3, 2016 to support Coffee County Board of Education's leasing and use of the above-described property; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Crawford County, Georgia; and (2) Said real property is all of that improved parcel or tract of approximately 20.72 acres lying and being in Land Lot 161, 7th Land District of Crawford County acquired on February 5, 2002 for $10.00 from Crawford County, Georgia which is recorded at Deed Book 205, Page 384-386, and Plat Book 14, Page 318 of the Superior Court of Crawford County and in the State Properties Commission inventory as Real Property Record 09649, 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 is the former Crawford County Center of the Central Georgia Technical College; and (4) Said real property is improved with an approximately 20,000 square foot building which the Technical College System of Georgia would like to continue to use approximately 3,200 square feet of classroom space for teaching; and

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(5) The Technical College System of Georgia on November 3, 2016 resolved that the approximately 20.72 acres of property is surplus to its current and future needs due to decline in student enrollment, provided that the Technical College System of Georgia lease back approximately 3,200 square feet of classroom space for the consideration of $10.00 per year from any grantee; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Dougherty County; and (2) Said real property is all of that improved parcel or tract of approximately 5.03 acres described as the Department of Juvenile Justice's Albany Regional Youth Detention Center lying and being in Land Lot 361, 1st Land District, Dougherty County and acquired on January 24, 1966 for a consideration of $10.00 from the Commissioners of Roads and Revenues of Dougherty County, Georgia, which is recorded at Deed Book 346, Page 332-335 of the Superior Court of Dougherty County and in the State Properties Commission inventory as Real Property Record #004676, 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 Department of Juvenile Justice; and (4) By official action dated February 23, 2017, the Board of Juvenile Justice declared the approximately 5.03 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 reversionary interest in a certain parcel of improved real property located in Fannin County; and (2) Said real property is all of that improved parcel or tract of approximately 3.56 acres described as the former Blue Ridge State Farmers' Market lying and being in Land Lot 315 of the 8th Land District, 2nd Section Blue Ridge, Fannin County, Georgia; and (3) The State of Georgia conveyed the above described real property to the City of Blue Ridge on November 29, 2007 for $1.00 subject to a restriction of public purpose use with a clause requiring the property to automatically revert should the public purpose use be discontinued; and (4) By Letter, the City of Blue Ridge expressed interest to acquire the Property free of the public purpose use restriction; and (5) With regard to the above-described real property, the State is desirous of releasing the public purpose use restriction and conveying the reversionary interest to the City of Blue Ridge for the consideration of $14,000.00; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Gordon County, Georgia; and (2) Said real property is all of that improved parcel or tract being approximately 2 acres lying and being in Land Lot 191, 14th District, 3rd Section - acquired for the consideration of $1.00 by way of Warranty Deeds from Gordon County dated February 16, 1961 and June 14, 1968, which are recorded in Deed Book 49, page 346 and Deed Book 12 pages 82-83, of the Superior Court of Gordon County, and in the State Properties Commission inventory as Real Property Records 001521 and 003816, respectively, 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 Georgia Department of Natural Resources and was used by the Law Enforcement and Wildlife Resources Divisions; and (4) By letter dated December 6, 2016, Gordon County expressed interest in acquiring the property for the consideration of $10.00 for public purpose in order to construct a new public health department; and (5) By Commissioner's letter dated December 14, 2016, the Georgia Department of Natural Resources declared the approximately 2 acres of improved real property surplus to its current and future needs, and requested the authorization to convey the property to Gordon County, Georgia for the consideration of $10.00 and the requirement that Gordon County use the property for solely public purposes in perpetuity; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Hall County; and (2) Said real property is all of that improved parcel or tract of approximately 3.07 acres described as a portion of State Patrol Post 6 lying and being in Land Lots 135, 136, and 138, 10th Land District, Hall County and acquired on January 21, 1958 for a consideration of $10.00 from the Board of Commissioners of Roads and Revenues of Hall County, Georgia, which is recorded at Deed Book 181, Page 568 of the Superior Court of Hall County and in the State Properties Commission inventory as Real Property Record #02422, 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 Department of Public Safety; and (4) By official action dated January 6, 2017, the Department of Public Safety declared the approximately 0.253 of an acre of improved real property surplus to its current and future needs, and resolved to surplus the above-described property; and

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WHEREAS: (1) The State of Georgia ("State") is the owner of approximately 84.74 acres of real property located in Land Lots 187, 204, 205, 214, and 215 of the 5th District of Houston County, Georgia, in the custody of the Department of Natural Resources, known as the Robins Air Force Base Buffer Project ("the property") at Echeconee Creek Wildlife Management Area; and (2) The State acquired the property to expand its Echeconee Creek Wildlife Management Area and to buffer the Robins Air Force Base in order to protect it from any Base Realignment and Closure Commission issues; and (3) That the Central Georgia Joint Development Authority desires, at its cost and expense, to establish and protect property as buffer for Robins Air Force Base; and (4) By letter dated February 17, 2017 from the Commissioner of the Department of Natural Resources the approximately 84.74 acres were declared surplus to the Department's current and future needs, and authorization was requested for conveyance of the property to the Central Georgia Joint Development Authority for the consideration of the payment of fair market value or exchange of real property, or a combination thereof, and such other conditions as the State Properties Commission may stipulate; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Lincoln County, Georgia; and (2) Said real property is all of that improved parcel or tract being approximately 0.453 acres lying and being in the 186th GMD and acquired on July 8, 1956 for the consideration of $1.00 from M.P. Pope, which is recorded at Deed Book 18, Page 399, and Plat Book 1, Page 147 of the Superior Court of Lincoln County and in the State Properties Commission inventory as Real Property Record 004800, 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 Georgia Forestry Commission and was operated as the Lincoln County Unit; and (4) By Resolution dated February 23, 2016, the Georgia Forestry Commission resolved that the approximately 0.453 acres of improved real property is surplus to its current and future needs; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Columbus, Muscogee County, Georgia; and (2) Said real property is all of that improved parcel or tract being approximately 14.7 acres lying and being in Columbus, Muscogee County, Georgia acquired by Warranty Deed on December 30, 1949 from the City of Columbus, which is recorded at Deed Book 334 and Page 13 in the Clerk's Office of Superior Court of Muscogee County, and

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inventoried at the State Properties Commission as Real Property Record 01029, being the same property conveyed to the Georgia Building Authority (Markets) in two separate deeds totaling approximately 14.7 acres in 1967 and 1970 and inventoried at the State Properties Commission as Real Property Records 03473 and 04179 respectively, and being the same property that was conveyed to the State of Georgia on June 23, 2009 from the Georgia Building Authority, as successor to the Georgia Building Authority (Markets), which is recorded at Deed Book 09796 and Pages 192-197 in the Clerk's Office of Superior Court of Muscogee County and inventoried at the State Properties Commission as Real Property Record 10665; 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 Georgia Department of Agriculture and was operated as the Columbus Farmers Market until December 31, 2016; and (4) By letter dated January 26, 2017, the Georgia Commissioner of Agriculture declared the approximately 14.7 acres of improved real property surplus to the Department of Agriculture's current and future needs; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Seminole County, Georgia; and (2) Said real property is all of that improved parcel or tract being approximately 4.67 acres lying and being in Land Lot 74 of the 14th Land District; and (3) The State of Georgia previously conveyed said improved property to Seminole County, Georgia on May 6, 2006 for the consideration of $10.00 subject to a restriction of public purpose use with a clause causing the property to automatically revert should the public purpose use be discontinued; and (4) By Resolution dated November 8, 2016, Seminole County, Georgia determined the property was no longer needed and wished to revert the property to the State; and (5) Said real property has reverted to the State of Georgia with custody in the Georgia Department of Agriculture; and (6) By Resolution dated November 1, 2016, the City of Donalsonville approved a request to acquire the Property for the consideration of $10.00 and public purpose and the requirement that the property be used solely for public purposes in perpetuity, specifically as a fire training facility for firefighters; and (7) The Georgia Department of Agriculture has resolved that said real property is surplus to its current and future needs and the State is desirous of conveying the property to the City of Donalsonville for $10.00 subject to the inclusion of a public purpose use restriction; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 5.23 acres lying and being in 1432nd G.M. District, Tattnall County, Georgia commonly known as the Tattnall Institute Building and the Allied Health Building and parking area at Southeastern Technical College-Glennville Campus, acquired by virtue of General Warranty Deed between the City of Glennville, Georgia, as the Grantor, and the State of Georgia, as the Grantee, dated June 14, 2001, for consideration of $10.00 as recorded in Deed Book 432, Pages 451-453 in the Office of the Clerk of Superior Court of Tattnall County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record 09498, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Tattnall County, Georgia and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia; and (4) The Tattnall County Industrial Development Authority is desirous of acquiring approximately 4.6 acres of the improved property for the consideration of $10.00 and the economic benefit to the State and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia; and (5) The Technical College System of Georgia resolved that the Property is surplus to its current and future needs; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Washington County, Georgia; and (2) Said real property is all of that parcel or tract consisting of approximately 45.6 acres lying and being in the 1488th GMD and located in Sandersville and acquired for consideration of $10.00 from Washington County Board of Education; and (3) Said real property is improved with a 16,875 square foot building and a paved truck driving range; and (4) Washington County is desirous of leasing approximately 3,000 square feet of the building for the operation of a "911 Center" for a term of 20 years for the consideration of $10.00 and payment of a prorated share of approximately 20 percent of the maintenance and utility costs of the building; and (5) The Technical College System of Georgia resolved on November 3, 2016 to lease 3,000 square feet of the above-described property to Washington County; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Worth County; and

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(2) Said real property is all of that parcel or tract of approximately 15 acres described as the Possum Poke in Possum Lane Tract located in Land Lot 337 of the 7th District of Worth County; and (3) The State acquired the land on March 24, 1948 for $0 from Stellanova Brunt Osborn, which is recorded at Deed Book 83, Page 298, of the Superior Court of Worth County and in the State Properties Commission inventory as Real Property Record #00146 ("the Property"); 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) Said real property is under the custody of the Georgia Department of Natural Resources; however, an Executive Order was executed on December 12, 1966 and inventoried in the State Properties Commission as Real Property Record #11872 to transfer use of the Property to the Board of Regents University System of Georgia and a portion of the Property has since been used as part of the Abraham Baldwin Agricultural College for historical and horticultural purposes; and (5) By Commissioner's letter dated December 14, 2015, the Georgia Department of Natural Resources declared the approximately 15 acres of real property surplus in order to clear title to the Property to the Board of Regents University System of Georgia; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of improved real property located in Bartow, Catoosa, Cobb, Fulton, Gordon, and Whitfield Counties, Georgia, and Hamilton County, Tennessee; and (2) Said property is defined as the Western and Atlantic Railroad and is approximately 137.33 miles in length with an accompanying rail corridor of approximately 66 feet in width and 23 feet above the top of the rack together with appurtenances, depots, sheds, buildings, bridges, sidings and spurs as described in that amended lease dated January 1, 1986, and inventoried in the State Properties Commission records as Real Property Record number 07352; and (3) The above-described property is in the custody of the State Properties Commission; and (4) Said property is the subject of multiple lease agreements between the State of Georgia and CSXT Inc. ("CSXT") or its predecessors for approximately the last 100 years; and (5) The current amended lease agreement between the State of Georgia and CSXT expires on December 31, 2019; and (6) Pursuant to a solicitation of Class I railroads for sealed proposals, CSXT submitted a proposal for a lease for a term beginning January 1, 2020 through December 31, 2069, for the consideration of base rent of $12,100,000.00 at commencement escalating at 2.5 percent compounded annually and 50 percent of the revenue generated from existing or new CSXT agreements, subleases, easements, or licenses on the leased

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property and for such other consideration as determined by the State Properties Commission to be in the best interests of the State of Georgia.

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

ARTICLE I SECTION 1.

The State of Georgia is the owner of the above-described property located in Baldwin County, containing approximately 1,966 acres and that in all matters relating to the conveyance of said 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 the State Properties Commission, is authorized to convey to the Central State Hospital Local Redevelopment Authority the above-described Property for a consideration of $10.00 in accordance with that valuation of buildings and real property conducted by the Georgia Department of Behavioral Health and Developmental Disabilities and State Properties Commission staff, and said conveyance shall be as is, where is, and with all faults; and for 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 conveyance.

SECTION 4. That the deed(s) and plat(s) shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 5. That the authorization to convey the above-described property to the Authority shall expire three years after the date that this resolution becomes effective.

SECTION 6. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Baldwin County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 7. That custody of the above-described real property shall remain in the custody of the Georgia Department of Behavioral Health and Developmental Disabilities and the Department of Corrections until the property is conveyed.

ARTICLE II SECTION 8.

That the State of Georgia is the owner of the above-described real property located in Baldwin County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 9. That 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, 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 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 11. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 12. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Baldwin County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 13. That custody of the above-described real property shall remain in the custody of the Georgia Forestry Commission until the property is conveyed.

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ARTICLE III SECTION 14.

That the State of Georgia is the presumptive owner of certain marshlands, located in Camden County, Georgia, as described above, consisting of approximately 1,720 acres, which 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 15. That the Georgia General Assembly has declared that activities in the State's coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and that the Georgia General Assembly has authorized DNR to administer and enforce the Coastal Marshlands Protection Act, O.C.G.A. 12-5-280, et seq. Furthermore, the Governor has authorized DNR to act on his behalf on all requests to utilize state-owned water bottoms covered by tidal waters which are in his custody and control, O.C.G.A. 50-16-61.

SECTION 16. That Mapache desires to, at its sole cost and expense, establish, construct, operate, maintain and monitor a tidal marsh wetland mitigation bank on the Mitigation Bank Property in accordance with a mitigation banking instrument approved by USACE and the compensatory mitigation rules and regulations of USACE (33 C.F.R. 325 and 33 C.F.R. 332) and EPA (40 C.F.R. Part 230).

SECTION 17. That to resolve all disputes as to ownership of the above-referenced approximately 1,720 acres of marshland, the State Properties Commission is authorized to:
(a) Quitclaim to Mapache approximately 174 acres of the State's interest in the Mitigation Bank Property, of which title to approximately 105 acres located in Areas 1, 2, 3, 4, and 5 on the "Settlement Proposal" drawing shall immediately be subject to use restrictions, and approximately 69 acres in Areas 6, 7, 8, and 9 shall be held in escrow for not more than five years, unless extended by the State Properties Commission, until such time as a mitigation bank is approved by USACE, after which time Mapache shall promptly cause the approximately 69 acre quitclaim deed from the State to be recorded and shall promptly transfer to the State 15 percent of each credit release to the approved mitigation bank, under such terms and conditions as the State Properties Commission may stipulate; and (b) In exchange for and in consideration of the above-referenced approximately 174 acre quitclaim from the State and in order to resolve all disputes as to ownership of the above-referenced marshlands, Mapache, as part of a settlement, shall:
(1) Quitclaim to the State approximately 1,546 acres of marshlands which lie outside of the diked area of Raccoon Key shown on the eastern portion of the site on the aerial

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drawing of approximately 1,720 acres dated December 23, 2014 by Thomas and Hutton Engineering; and (2) If no license or permit is issued to Mapache for a mitigation bank within the 5-year time limit (unless the time limit is extended by the State Properties Commission), Mapache shall promptly return to the State the escrowed quitclaim deed from the State of approximately 69 acres in Areas 6, 7, 8, and 9 of the Settlement Proposal drawing. Or if a portion of Areas 6 through 9 is approved by USACE for a mitigation bank, Mapache shall record the escrowed deed then immediately quitclaim to the State that portion of Areas 6 through 9 which was not approved by USACE for a mitigation bank.

SECTION 18. That the State Properties Commission is authorized to place restrictions on any of the property to be quitclaimed to Mapache and to require a more particular description of the property that is to be so restricted.

SECTION 19. That all quitclaim deeds executed in connection with this resolution, whether conveying property to or from the State, shall be recorded by Mapache in the office of the Clerk of the Superior Court of Camden County, and Mapache shall provide a copy of the recorded deeds promptly to the State Properties Commission to be inventoried and retained by the State Properties Commission.
SECTION 20. That the authorization in this resolution shall expire three years after the date that this resolution becomes effective.

ARTICLE IV SECTION 21.

That the State of Georgia is the presumptive owner of certain marshlands and water bottoms formerly subject to the ebb and flow of the tide, lying and being located in Chatham County, Georgia, described and referred to as the Property in the premises stated above and shown on a plat of survey prepared by Robert K. Morgan, Georgia Registered Land Surveyor, R.L.S. # 3087, a copy of which is annexed hereto and incorporated herein, 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 22. That MMA/PSP Savannah River, LLC claims to own approximately 57.76 acres of land in fee simple lying immediately south of the sheetpile bulkhead, described in the premises stated hereinabove for the length thereof, pursuant to a warranty deed from ALR Oglethorpe, LLC dated February 16, 2010 and recorded in Deed Book 358-Z Pages 132-161 of the

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Chatham County Clerk of Superior Court, which 57.76 acre tract is claimed to include the Property, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 23. That MMA/PSP Savannah River, LLC desires to, at its sole cost and expense, establish, construct, and develop this 57.76 acre tract of property adjacent to the Savannah River which is claimed to include the filled marshlands referred to as Property herein.

SECTION 24. That to resolve any and all disputes as to the ownership of the Property and all present and former littoral, wharfing, and other rights, interests, and privileges in and to the Property and adjoining tidally influenced water bottoms and tidal waters, the State Properties Commission is authorized to convey the State's interest in the Property to MMA/PSP Savannah River, LLC in exchange for the conveyance of certain property from MMA/PSP Savannah River, LLC, which property shall include a strip of land measuring not less than three feet in width adjoining the sheetpile bulkhead described herein for the length thereof, and receipt of payment in an amount sufficient for the State to receive fair market value for any property it may convey, and such other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; provided nothing herein shall affect any rights, interests, or privileges in the Property and adjoining waters claimed by the City of Savannah.

SECTION 25. That the State Properties Commission is authorized to require a more particular description of present and former property, rights, interests, and privileges that comprise all or part of the exchange authorized by this resolution.

SECTION 26. That any quitclaim deed(s) or documents executed in connection with the sale, or exchange, or combination thereof contemplated by this resolution shall be recorded by MMA/PSP Savannah River, LLC in the office of the Clerk of the Superior Court of Chatham County, and that MMA/PSP Savannah River, LLC shall provide a copy of the recorded deed(s) or documents promptly to the State Properties Commission to be inventoried and retained by the State Properties Commission.

SECTION 27. That the authorization in this resolution shall expire three years after the date that this resolution.

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ARTICLE V SECTION 28.

That the State of Georgia is the owner of the above-described real property located in Clinch 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 29. 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 30. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 31. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 32. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Clinch County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 33. 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 VI SECTION 34.

That the State of Georgia is the owner of the above-described improved real property located in Coffee County and that in all matters relating to the leasing and use of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 35. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease the Premises and grant use of the shared parking and an

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appurtenant easement over the Access Area to Coffee County for a term of 30 years for the use, operation and maintenance of the Academy portion of the Wiregrass Regional College and Career Academy for education purposes for a consideration of $10.00 per year.

SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease and use, including the execution of all necessary documents.

SECTION 37. That the lease shall be recorded by the lessee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 38. That the authorization to lease and use the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 39. That custody of the above-described property shall remain in the custody of the Technical College System of Georgia.

ARTICLE VII SECTION 40.

That the State of Georgia is the owner of the above-described real property located in Crawford 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 41. 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 42. 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 43. 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 44. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Crawford County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 45. That custody of the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

ARTICLE VIII SECTION 46.
That the State of Georgia is the owner of the above-described real property located in Dougherty County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 47. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Board of Regents of the University System of Georgia for the consideration of $10.00, that title of said property may revert to the State of Georgia if the Board of Regents of the University System of Georgia discontinues its use; or 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 48. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 49. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

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SECTION 50. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Dougherty County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 51. That custody of the above-described real property shall remain in the custody of the Department of Juvenile Justice until the property is conveyed.

ARTICLE IX SECTION 52.

That the State of Georgia is the owner of the above-described real property located in Fannin 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 53. That the public purpose use restriction may be released and the reversionary interest in the above-described improved real property may be conveyed by appropriate instrument from the State of Georgia, acting by and through its State Properties Commission, to the City of Blue Ridge for the consideration of $14,000.00, 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 54. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 55. That the authorization in this resolution to release the public purpose use restriction and convey the reversionary interest in the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 56. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fannin County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 57. That custody of the reversionary interest in the above-described real property shall remain in the custody of the Georgia Department of Agriculture until the property interest is conveyed.

ARTICLE X SECTION 58.

That the State of Georgia is the owner of the above-described real property located in Gordon County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 59. That the above-described improved real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Gordon County, Georgia for $10.00, so long as the property is used for public purpose; or by competitive bid for fair market value; or to a local government or State entity for fair market value; or 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 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 61. 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 62. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Gordon County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 63. That custody of the above-described real property shall remain in the custody of the Georgia Department of Natural Resources until the property is conveyed.

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ARTICLE XI SECTION 64.

That the State of Georgia is the owner of the above-described real property located in Hall County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 65. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Department of Transportation for the consideration of $22,072.00 in fee simple conveyance, $15,000.00 for site improvements and $103,345.00 for cost-to-cure to replace the septic system and water vault; or 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 66. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 67. 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 68. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Hall County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 69. That custody of the above-described real property shall remain in the custody of the Department of Public Safety until the property is conveyed.

ARTICLE XII SECTION 70.

The State of Georgia is the owner of the above-described approximately 84.74 acres of real property located in Houston County, Georgia, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 71. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Central Georgia Joint Development Authority for the consideration of the payment of fair market value or exchange of real property, or a combination thereof, 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 72. That the State Properties Commission is authorized to require a more particular description and/or survey of the areas that comprise all or part of the exchange.

SECTION 73. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 74. That any deed of conveyance shall be recorded by the Grantee in the Superior Court of Houston County and of any other applicable county, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 75. That the authorization in this resolution shall expire three years after the date that this resolution becomes effective.

SECTION 76. The custody of the above-described real property shall remain in the custody of the Georgia Department of Natural Resources until the property is conveyed.

ARTICLE XIII SECTION 77.

That the State of Georgia is the owner of the above-described real property located in Lincoln County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 78. That the above-described improved 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

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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 79. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 80. 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 81. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Lincoln County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 82. That custody of the above-described real property shall remain in the custody of the Georgia Forestry Commission until the property is conveyed.

ARTICLE XIV SECTION 83.

That the State of Georgia is the owner of the above-described real property located in the Consolidated Government of Columbus, Muscogee County, Georgia and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 84. That 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, by competitive bid 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; or to a local government or State entity for the payment of fair market value or exchange of real property, or a combination thereof; 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 85. 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 86. 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 87. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of the Consolidated Government of Columbus, Muscogee County, Georgia and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 88. That custody of the above-described real property shall remain in the custody of the Georgia Department of Agriculture until the property is conveyed.

ARTICLE XV SECTION 89.

That the State of Georgia is the owner of the above-described real property located in Seminole County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 90. That 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, to the City of Donalsonville for $10.00, so long as the property is used for public purpose; or by competitive bid for fair market value; or to a local government or State entity for 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 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 92. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

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SECTION 93. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Seminole County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 94. That custody of the above-described real property shall remain in the custody of the Georgia Department of Agriculture until the property is conveyed.

ARTICLE XVI SECTION 95.

The State of Georgia is the owner of the above-described parcel of real property located in Tattnall County, Georgia containing approximately 4.6 acres and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 96. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to the Tattnall County Industrial Development Authority the above-described property for a consideration of the economic benefit to the state as defined by the Department of Economic Development and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 97. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 98. That the deed(s) of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 99. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 100. That custody of the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

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ARTICLE XVII SECTION 101.

That the State of Georgia is the owner of the above-described improved real property located in Washington 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 102. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease approximately 3,000 square feet of the above-described property to Washington County for use as a "911 Center" for a term of 20 years for a consideration of $10.00 per year and payment of a prorated share of expenses for utilities and maintenance 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 103. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 104. That the lease shall be recorded by the lessee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 105. That the authorization to lease and use the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 106. That custody of the above-described property shall remain in the custody of the Technical College System of Georgia.
ARTICLE XVIII SECTION 107.
That the State of Georgia is the owner of the above-described real property located in Worth 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 108. That 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, to the Board of Regents University System of Georgia for $10.00 for title clearing purposes.

SECTION 109. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 110. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 111. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Worth County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 112. That custody of the above-described real property shall remain in the custody of the Georgia Department of Natural Resources until the property is conveyed.

ARTICLE XIX SECTION 113.

That the State of Georgia is the owner of the above-described improved real property located in Bartow, Catoosa, Cobb, Fulton, Gordon, and Whitfield Counties, Georgia, and Hamilton County, Tennessee 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 114. That the State of Georgia, acting by and through its State Properties Commission, is authorized to enter into a lease of the above-described property to CSXT, Inc., provided that such lease does not preclude any authorized uses by the state, for a term of 50 years for a consideration of base rent of $12,100,000.00 at commencement escalating at 2.5 percent compounded annually, provided that said base rent may be adjusted during the first year of the lease in order to account for expenses of the State Properties Commission related to lease negotiations, and 50 percent of the revenue generated from existing or new CSXT agreements, subleases, easements, or licenses on the leased property and such other consideration as determined by the State Properties Commission to be in the best interests of the State of Georgia.

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SECTION 115. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 116. That the lease of the above-described property shall be recorded by the lessee in the Superior Courts of Bartow, Catoosa, Cobb, Fulton, Gordon, and Whitfield Counties, Georgia, and Hamilton County, Tennessee, and recorded copies shall be forwarded to the State Properties Commission.

SECTION 117. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 118. That custody of the above-described property shall remain in the custody of the State Properties Commission.

ARTICLE XX SECTION 119.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 120. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 2, 2017.

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STATE PROPERTY GRANTING OF EASEMENTS.

No. 72 (Senate Resolution No. 229).

A RESOLUTION

Authorizing the granting of non-exclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon,

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across, or through property owned by the State of Georgia in Baldwin, Bleckley, Chatham, Cherokee, Douglas, Effingham, Evans, Fulton, Glynn, Hall, Henry, Laurens, Madison, Rockdale, Upson, Walton, and White Counties; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Bleckley, Chatham, Cherokee, Douglas, Effingham, Evans, Fulton, Glynn, Hall, Henry, Laurens, Madison, Rockdale, Upson, Walton, and White Counties; and

WHEREAS, City of Atlanta, Atlanta Gas Light, Bleckley County, Canoochee Electrical Membership Corporation, City of Dublin, Georgia Department of Transportation, Georgia Pacific Consumer Products LP, Georgia Power Company, Greystone Power Company, Habersham Electrical Membership Corporation, Snapping Shoals Electrical Membership Corporation, Tribe Transportation, and Walton Electrical Membership Corporation desire to operate and maintain facilities, utilities, and ingress and egress in on, over, under, upon, across, or through a portion of said property; and

WHEREAS, these non-exclusive 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 Corrections, Coastal Resources Division, Department of Defense, Department of Natural Resources, Georgia Bureau of Investigation, State Properties Commission, and Technical College System of Georgia.

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

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 243 and 244, 5th Land District, 318th G.M. District, Baldwin County, Georgia, and is commonly known as the Baldwin State Prison and the property is in the custody of the Department of Corrections which, by official action dated March 2, 2017, does not object to the granting of an easement and, 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 non-exclusive easement to construct, maintain, and operate a transmission line and associated equipment. Said easement area is located in Baldwin County, and is more particularly described as follows:

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That approximately 0.10 of an acre, lying and being in Land Lots 243 and 244, 5th Land District, 318th G.M. District, Baldwin 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 3. That the above-described premises shall be used solely for the purpose of the construction, maintenance, and operation of a transmission line 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 transmission line and associated equipment.

SECTION 5. That, after Georgia Power Company has put into use the transmission line and associated equipment that this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the transmission line 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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power

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Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by 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 removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the road without cost, expense, or reimbursement from the State of Georgia.

SECTION 8. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 10. That, the consideration for such easement shall be for fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 11. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Baldwin County and a recorded copy shall be promptly 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.

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SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 57, 21st Land District, 1811th G.M. District, Bleckley County, Georgia, and is commonly known as the Ocmulgee Wildlife Management Area and the property is in the custody of the Department of Natural Resources which, by official action dated December 13, 2016, does not object to the granting of an easement and, 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 Bleckley County, or its successors and assigns, a non-exclusive easement to widen, pave, and maintain County Road 128 (a.k.a. Roy Bryant Road). Said easement area is located in Bleckley County, and is more particularly described as follows: That approximately 1.86 acres, lying and being in Land Lot 57, 1811th G.M. District, Bleckley County, Georgia, and that portion only as shown on a drawing furnished by the Bleckley County, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 16. That the above-described premises shall be used solely for the purpose of widening, paving, and maintaining County Road 128.

SECTION 17. That Bleckley County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the widening, paving, and maintaining of County Road 128.

SECTION 18. That, after Bleckley County has put into use the improved road that this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Bleckley County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in

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place, in which event the improved road area shall become the property of the State of Georgia, or its successors and assigns.

SECTION 19. That no title shall be conveyed to Bleckley County and, except as herein specifically granted to Bleckley County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Bleckley County.

SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Bleckley County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Bleckley County provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Bleckley County or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the road without cost, expense, or reimbursement from the State of Georgia.

SECTION 21. That the easement granted to Bleckley County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 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, or of a County with respect to the County road system or of a municipality with respect to the city street system. Bleckley County shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the

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easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 23. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 24. That this grant of easement shall be recorded by Bleckley County in the Superior Court of Bleckley County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 25. That the authorization in this resolution to grant the above-described easement to Bleckley County 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 8th G.M. District, City of Garden City, Chatham County, Georgia, and is commonly known as Coastal State Prison and the property is in the custody of the Department of Corrections which, by official action dated February 15, 2017, does not object to the granting of an easement and, 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 non-exclusive easement to construct, install, operate, and maintain a power line and associated equipment to serve a new welding shop at Coastal State Prison. Said easement area is located in Chatham County, and is more particularly described as follows: That approximately 0.02 of an acre, lying and being in the 8th G.M. District, City of Garden City, 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

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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 a power line 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 construction, installation, operation, and maintenance of said power line and associated equipment.

SECTION 31. That, after Georgia Power Company has put into use the power line 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 their facilities from the easement area or leaving the same in place, in which event the power line and 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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the

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cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 34. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 35. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Georgia Power Company 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 Georgia Power Company in the Superior Court of Chatham County and a recorded copy shall be promptly 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.

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ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 10022, 15th District, 2nd Section, City of Woodstock, Cherokee County, Georgia, and is commonly known as the Woodstock Campus of Chattahoochee Technical College and the property is in the custody of the Technical College System of Georgia which, by official action dated June 2, 2016, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a non-exclusive easement to construct, install, operate, and maintain a gas regulator station and associated equipment to serve the Woodstock Campus of Chattahoochee Technical College. Said easement area is located in Cherokee County, and is more particularly described as follows: That approximately 0.001 of an acre, lying and being in Land Lot 10022, 15th District, 2nd Section, Cherokee County, Georgia, and that portion only as shown on a drawing furnished by the Atlanta Gas Light 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 a gas regulator station and associated equipment.

SECTION 43. That Atlanta Gas Light 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 gas regulator station and associated equipment.

SECTION 44. That, after Atlanta Gas Light Company has put into use the gas regulator station 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, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the gas

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regulator station 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 Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light 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 Atlanta Gas Light Company.

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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Atlanta Gas Light 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 removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Atlanta Gas Light Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive 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 Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 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, or of a County with respect to the County road system or of a municipality with respect to the city street system. Atlanta Gas Light Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful

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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 interest of the State of Georgia.

SECTION 50. That this grant of easement shall be recorded by Atlanta Gas Light Company in the Superior Court of Cherokee County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 51. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light 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 Land Lot 886, 18th Land District, 2nd Section, City of Lithia Springs, Douglas County, Georgia, and is commonly known as Sweetwater Creek State Park and that the property is in the custody of the Department of Natural Resources which, by official action dated April 27, 2016, does 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 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, or its successors and assigns, a non-exclusive easement to construct, install, operate, and maintain electrical distribution lines and associated equipment to serve the park manager's residence at Sweetwater Creek State Park. Said easement area is located in Douglas County, and is more particularly described as follows: That approximately 0.05 of an acre, lying and being in Land Lot 886, 18th Land District, 2nd Section, Douglas County, Georgia, and that portion only as shown on a drawing furnished by the Greystone Power Corporation, and being on file in the offices of the State Properties

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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 electrical distribution lines and associated equipment.

SECTION 56. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said electrical distribution lines and associated equipment.

SECTION 57. That, after Greystone Power Corporation has put into use the electrical 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, Greystone Power Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the distribution lines and any 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 Greystone Power Corporation and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Corporation.

SECTION 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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Greystone Power Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any

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construction being commenced, Greystone Power Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Greystone Power Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive 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 Greystone Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 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, or of a County with respect to the County road system or of a municipality with respect to the city street system. Greystone Power Corporation 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 Greystone Power Corporation in the Superior Court of Douglas County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 64. That the authorization in this resolution to grant the above-described easement to Greystone Power Corporation shall expire three years after the date that this resolution becomes effective.

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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 by presumption of law of certain marshlands of the hereinafter described real property lying and being in Effingham County, Georgia, and is commonly known as the Georgia Pacific Savanah River Mill Maintenance dredging area and the property is regulated by the Department of Natural Resources pursuant to the Coastal Marshlands Protection Act, O.C.G.A. 12-5-280, et seq., and the Governor's powers to regulate public property, O.C.G.A. 50-16-61, and does 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 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Pacific Consumer Products, LP, or its successors and assigns, a non-exclusive easement to expand the current dredging area by 0.52 of an acre. Said easement area is located in Effingham County, and is more particularly described as follows: That approximately 0.52 of an acre, lying and being in Effingham County, Georgia, and that portion only as shown on a drawing furnished by Georgia Pacific Consumer Products, LP, 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 expanding the current dredging area by 0.52 of an acre.

SECTION 69. That Georgia Pacific Consumer Products, LP 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 dredging.

SECTION 70. That after Georgia Pacific Consumer Products, LP has put into use the easement area 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 Pacific Consumer

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Products, LP, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event any facilities shall become the property of the State of Georgia, or its successors and assigns.

SECTION 71. That no title shall be conveyed to Georgia Pacific Consumer Products, LP and, except as herein specifically granted to Georgia Pacific Consumer Products, LP, 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 Pacific Consumer Products, LP.

SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Pacific Consumer Products, LP shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Pacific Consumer Products, LP provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Pacific Consumer Products, LP or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive 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 Georgia Pacific Consumer Products, LP shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 74. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Georgia Pacific Consumer Products, LP shall obtain any

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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, the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 76. That this grant of easement shall be recorded by Georgia Pacific Consumer Products, LP in the Superior Court of Effingham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 77. That the authorization in this resolution to grant the above-described easement to Georgia Pacific Consumer Products, LP 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 401st G.M. District, City of Claxton, Evans County, Georgia, and the property is commonly known as Evans County Public Fishing Area in the custody of the Department of Natural Resources which, by official action dated October 26, 2016, 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.
SECTION 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Canoochee Electrical Membership Corporation, or its successors and assigns, a non-exclusive easement to construct, install, operate, and maintain underground electrical lines and associated equipment to serve a new picnic pavilion. Said easement area is located in Evans County, and is more particularly described as follows:

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That approximately 0.05 of an acre, lying and being in 401st G.M. District, Evans County, Georgia, and that portion only as shown on a drawing furnished by the Canoochee Electrical Membership Corporation, 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 electrical lines and associated equipment.

SECTION 82. That Canoochee Electrical Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said underground electrical lines and associated equipment.

SECTION 83. That, after Canoochee Electrical Membership Corporation has put into use the underground electrical 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, Canoochee Electrical Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground electrical lines and any equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 84. That no title shall be conveyed to Canoochee Electrical Membership Corporation and, except as herein specifically granted to Canoochee Electrical Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Canoochee Electrical Membership Corporation.

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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Canoochee

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Electrical Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Canoochee Electrical Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Canoochee Electrical Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive 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 Canoochee Electrical Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 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, or of a County with respect to the County road system or of a municipality with respect to the city street system. Canoochee Electrical Membership Corporation 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 interest of the State of Georgia.

SECTION 89. That this grant of easement shall be recorded by Canoochee Electrical Membership Corporation in the Superior Court of Evans County and a recorded copy shall promptly be forwarded to the State Properties Commission.

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SECTION 90. That the authorization in this resolution to grant the above-described easement to Canoochee Electrical Membership Corporation 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 189 of the 17th District, City of Atlanta, Fulton County, Georgia, and the property is commonly known as the Western and Atlantic Railroad 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.

SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Atlanta, or its successors and assigns, a non-exclusive easement to construct, install, operate, and maintain a subsurface deep drinking water tunnel and associated equipment as part of the City of Atlanta's Water Supply Program. Said easement area is located in Fulton County, and is more particularly described as follows: That approximately 0.0671 of an acre, lying and being in Land Lot 189 of the 17th District, City of Atlanta, Fulton County, Georgia, and that portion only as shown on a drawing furnished by the City of Atlanta, 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 the construction, installation, operation, and maintenance of a subsurface deep drinking water tunnel and associated equipment.

SECTION 95. That the City of Atlanta shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper

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construction, installation, operation, and maintenance of a subsurface deep drinking water tunnel and associated equipment.

SECTION 96. That after the City of Atlanta has put into use the subsurface deep drinking water tunnel 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, the City of Atlanta, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the subsurface deep drinking water tunnel and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 97. That no title shall be conveyed to the City of Atlanta and, except as herein specifically granted to the City of Atlanta, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Atlanta.

SECTION 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 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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Atlanta shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, the City of Atlanta provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the City of Atlanta or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive 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 99. That the easement granted to the City of Atlanta shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 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, or of a County with respect to the County road system or of a municipality with respect to the city street system. The City of Atlanta shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 101. That, the consideration for such easement shall be for fair market value in the amount of $1,403.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 102. That this grant of easement shall be recorded by the City of Atlanta in the Superior Court of Fulton County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 103. That the authorization in this resolution to grant the above-described easement to the City of Atlanta 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 26th G.M. District, City of Brunswick, Glynn County, Georgia, and the property commonly known as the Golden Isles Campus of Coastal Pines Technical College is in the custody of the Technical College System of Georgia which, by official action dated

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May 7, 2015, 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.

SECTION 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a non-exclusive easement to construct, install, operate, and maintain underground gas distribution lines and associated equipment to serve the Golden Isles Campus for construction project TCSG-247. Said easement area is located in Glynn County, and is more particularly described as follows: That approximately 0.226 of an acre, lying and being in the 26th G.M. District, Glynn County, Georgia, and that portion only as shown on a drawing furnished by Atlanta Gas Light 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 107. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground gas distribution lines and associated equipment.

SECTION 108. That Atlanta Gas Light 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 underground gas distribution lines and associated equipment.

SECTION 109. That after Atlanta Gas Light Company has put into use the underground gas 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, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground gas distribution lines and any associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 110. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light 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

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area not inconsistent with or detrimental to the rights, privileges, and interest granted to Atlanta Gas Light Company.

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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Atlanta Gas Light 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 removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Atlanta Gas Light Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive 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 Atlanta Gas Light Company contains such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 113. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Atlanta Gas Light Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 114. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 115. That this grant of easement shall be recorded by Atlanta Gas Light Company in the Superior Court of Glynn 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 Atlanta Gas Light Company 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 26th G.M. District, City of Brunswick, Glynn County, Georgia, and the property commonly known as the Golden Isles Campus of Coastal Pines Technical College is in the custody of the Technical College System of Georgia which, by official action dated June 4, 2015, 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.

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 non-exclusive easement to construct, install, operate, and maintain underground electrical transmission lines and associated equipment to serve Golden Isles Campus for construction project TCSG-247. Said easement area is located in Glynn County, and is more particularly described as follows: That approximately 1.0 acres, lying and being in the 26th G.M. District, Glynn 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 120. That the above-described premises shall be used solely for the purpose of the construction, installation, operation, and maintenance of underground electrical transmission lines and associated equipment.

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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 electrical transmission lines and associated equipment.

SECTION 122. That, after Georgia Power Company has put into use said electrical 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 their facilities from the easement area or leaving the same in place, in which event the said electrical transmission 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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by 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 removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive 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 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 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company 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 interest of the State of Georgia.

SECTION 128. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Glynn 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.

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 411th G.M. District, Hall County, Georgia, and is commonly known as the Hall County Campus of Lanier Technical College and the property is in the custody of the Technical College System of Georgia, which, by official action dated December 1, 2016,

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does 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 132. 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 non-exclusive easement to construct, install, operate, and maintain electrical distribution lines and associated equipment to serve the new Hall County Campus of Lanier Technical College (project TCSG-327). Said easement area is located in Hall County, and is more particularly described as follows: That approximately 6.73 acres, lying and being in 411th G.M. District, Hall 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 133. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining electrical distribution lines and associated equipment.

SECTION 134. 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 electrical distribution lines and associated equipment.

SECTION 135. That, after Georgia Power Company has put into use the electrical 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 their facilities from the easement area or leaving the same in place, in which event the electrical distribution lines and any 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 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 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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by 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 removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 138. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 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, or of a County with respect to the County road system or of a municipality with respect to the city street system. Georgia Power Company 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, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 141. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Hall County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 142. 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 143. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XII SECTION 144.

That the State of Georgia is the owner of the hereinafter described real property lying and being in 411th G.M. District, Hall County, Georgia, and is commonly known as Hall County Campus of Lanier Technical College and the property is in the custody of the Technical College System of Georgia which, by official action dated November 3, 2016, does 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 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to Tribe Transportation, Inc., or its successors and assigns, a non-exclusive easement to construct, install, operate, and maintain underground utility lines and associated equipment. Said easement area is located in Hall County, and is more particularly described as follows: That approximately 1.176 acres, lying and being in 411th G.M. District, Hall County, Georgia, and that portion only as shown on a drawing furnished by Tribe Transportation, Inc., and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 146. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground utility lines and associated equipment.

SECTION 147. That Tribe Transportation, Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper

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construction, installation, operation, and maintenance of said underground utility lines and associated equipment.

SECTION 148. That, after Tribe Transportation, Inc. has put into use the underground utility 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, Tribe Transportation, Inc., or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground utility lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 149. That no title shall be conveyed to Tribe Transportation, Inc. and, except as herein specifically granted to Tribe Transportation, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Tribe Transportation, Inc.

SECTION 150. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Tribe Transportation, Inc. shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Tribe Transportation, Inc. provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Tribe Transportation, Inc. or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 151. That the easement granted to Tribe Transportation, Inc. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best

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interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 152. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Tribe Transportation, Inc. shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 153. That, 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 interest of the State of Georgia.

SECTION 154. That this grant of easement shall be recorded by Tribe Transportation, Inc. in the Superior Court of Hall County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 155. That the authorization in this resolution to grant the above-described easement to Tribe Transportation, Inc. shall expire three years after the date that this resolution becomes effective.

SECTION 156. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XIII SECTION 157.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 136, 7th District, City of McDonough, Henry County, Georgia, and the property commonly known as the Henry County Campus of Southern Crescent Technical College is in the custody of the Technical College System of Georgia which, by official action dated February 2, 2017, does not object to the granting of this easement, and that, in

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all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 158. That the State of Georgia, acting by and through its State Properties Commission, may grant to Snapping Shoals Electrical Membership Corporation, or its successors and assigns, a non-exclusive easement to construct, install, operate, and maintain electrical transmission lines and associated equipment to serve TCSG-317, Industrial Training and Technology Building at the Henry County Campus of Southern Crescent Technical College. Said easement area is located in Henry County, and is more particularly described as follows: That approximately 3.14 acres, lying and being in Land Lot 136, 7th District, City of McDonough, Henry County, Georgia, and that portion only as shown on a drawing furnished by Snapping Shoals Electrical Membership Corporation and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 159. That the above-described premises shall be used solely for the purpose of the construction, installation, operation, and maintenance of electrical transmission lines and associated equipment.

SECTION 160. That Snapping Shoals Electrical Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said electrical transmission lines and associated equipment.

SECTION 161. That, after Snapping Shoals Electrical Membership Corporation has put into use said electrical 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, Snapping Shoals Electrical Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the said electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 162. That no title shall be conveyed to Snapping Shoals Electrical Membership Corporation and, except as herein specifically granted to Snapping Shoals Electrical Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Snapping Shoals Electrical Membership Corporation.

SECTION 163. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Snapping Shoals Electrical Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Snapping Shoals Electrical Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Snapping Shoals Electrical Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 164. That the easement granted to Snapping Shoals Electrical Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 165. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Snapping Shoals Electrical Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are

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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 166. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 167. That this grant of easement shall be recorded by Snapping Shoals Electrical Membership Corporation in the Superior Court of Henry County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 168. That the authorization in this resolution to grant the above-described easement to Snapping Shoals Electrical Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XIV SECTION 170.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 233 of the 1st Land District, Laurens County, Georgia, and the property is commonly known as the Dublin Readiness Center in the custody of the Department of Defense which, by official action dated October 18, 2016, 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.

SECTION 171. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Dublin, or its successors and assigns, a non-exclusive easement for the replacement, operation, and maintenance of sewer lines and associated equipment. Said easement area is located at the Dublin Readiness Center, and is more particularly described as follows: That approximately 0.16 of an acre temporary construction and 0.010 of an acre easement, lying and being in Land Lot 233 of the 1st Land District, Laurens County, Georgia, and that portion only as shown on a City of Dublin drawing and being on file in the offices of the

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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 172. That the above-described premises shall be used solely for the replacement, operation, and maintenance of sewer lines and associated equipment.

SECTION 173. That the City of Dublin 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 replacement, operation, and maintenance of sewer lines and associated equipment.

SECTION 174. That, after the City of Dublin has put into use the sewer 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, the City of Dublin, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the easement area shall become the property of the State of Georgia, or its successors and assigns.

SECTION 175. That no title shall be conveyed to the City of Dublin and, except as herein specifically granted to the City of Dublin, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Dublin.

SECTION 176. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Dublin shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, the City of Dublin provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole

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discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the City of Dublin or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 177. That the easement granted to the City of Dublin shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 178. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. The City of Dublin shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 179. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 180. That this grant of easement shall be recorded by the City of Dublin in the Superior Court of Laurens County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 181. That the authorization in this resolution to grant the above-described easement to the City of Dublin shall expire three years after the date that this resolution becomes effective.
SECTION 182. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XV SECTION 183.

That the State of Georgia is the owner of the hereinafter described real property lying and being in 203rd G.M. District, Madison County, Georgia, and is commonly known as the Watson Mill Bridge State Park and the property is in the custody of the Department of Natural Resources, which by official action dated January 27, 2017, does 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 184. 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 non-exclusive easement to construct, install, operate, and maintain electrical distribution lines and associated equipment to serve Watson Mill Bridge State Park and surrounding areas. Said easement area is located in Madison County, and is more particularly described as follows: That approximately 2.0 acres, lying and being in 203rd G.M. District, Madison 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 185. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining electrical distribution lines and associated equipment.

SECTION 186. 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 electrical distribution lines and associated equipment.

SECTION 187. That, after Georgia Power Company has put into use the electrical 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 their facilities from the easement area or leaving the same in place, in which event the electrical distribution lines and any associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 188. 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 189. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by 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 removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 190. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 191. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

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SECTION 192. That, given the public purpose of the project, the consideration for such easement shall be $10.00, the conveyance of any interest that Georgia Power Company may have in their existing 8.0 acre easement, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 193. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Madison County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 194. 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 195. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XVI SECTION 196.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 237, of the 16th Land District, Rockdale County, Georgia, and the property is commonly known as the Conyers Region 10, Investigative Office in the custody of the Georgia Bureau of Investigation which, by official action dated June 1, 2016, 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.

SECTION 197. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of overhead and underground transmission lines and associated equipment to serve a new office modular unit. Said easement area is located in Rockdale County, and is more particularly described as follows: That approximately 0.0007 of an acre, lying and being in Land Lot 237 of the 16th Land District, Rockdale County, Georgia, and that portion only as shown on a Georgia Power engineer drawing and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 198. That the above-described premises shall be used solely for the construction, installation, operation, and maintenance of overhead and underground transmission lines and associated equipment.

SECTION 199. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said overhead and underground transmission lines and associated equipment.

SECTION 200. That, after Georgia Power Company has put into use the overhead and underground 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 their 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 201. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 202. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by 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 removal and relocation is for the sole benefit of the State of Georgia.

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Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 203. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 204. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 205. That, 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 206. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Rockdale County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 207. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 208. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XVII SECTION 209. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 206 of the 15th Land District, Upson County, Georgia, and the property is commonly known as Sprewell Bluff Wildlife Management Area in the custody of the Department of Natural Resources which, by official action dated September 28, 2016, 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.

SECTION 210. 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 non-exclusive easement for the construction, installation, operation and maintenance of underground and overhead power lines and associated equipment. Said easement area is located in Upson County, and is more particularly described as follows: That approximately 1.0 acre, lying and being in Land Lot 206 of the 15th Land District, Upson County, Georgia, and that portion only as shown on a Georgia Power engineer drawing and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 211. That the above-described premises shall be used solely for the construction, installation, operation, and maintenance of underground and overhead power lines and associated equipment.

SECTION 212. 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 underground and overhead power lines and associated equipment.

SECTION 213. That, after Georgia Power Company has put into use the underground and overhead power 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 their facilities from the easement area or leaving the same in place, in which event the underground and overhead power lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 214. That no title shall be conveyed to 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 215. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by 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 removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 216. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 217. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

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SECTION 218. 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 interest of the State of Georgia.

SECTION 219. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Upson County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 220. 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 221. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XVIII SECTION 222.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 74, 1st District, Walton County, Georgia, and the property is commonly known as the Walton Fish Hatchery in the custody of the Department of Natural Resources which, by official action dated August 31, 2016, 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.

SECTION 223. That the State of Georgia, acting by and through its State Properties Commission, may grant to Walton Electrical Membership Corporation, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of underground electrical transmission lines and associated equipment to serve a new Wildlife Resources Division's Maintenance Building. Said easement area is located in Walton County, and is more particularly described as follows: That approximately 0.08 of an acre, lying and being in Land Lot 74, 1st District of Walton County, Georgia, and that portion only as shown on a Walton Electrical Membership Corporation engineer drawing and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 224. That the above-described premises shall be used solely for the construction, installation, operation, and maintenance of underground electrical transmission lines and associated equipment.

SECTION 225. That Walton Electrical Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said underground electrical transmission lines and associated equipment.

SECTION 226. That, after Walton Electrical Membership Corporation has put into use the underground electrical 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, Walton Electrical Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 227. That no title shall be conveyed to Walton Electrical Membership Corporation and, except as herein specifically granted to Walton Electrical Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Walton Electrical Membership Corporation.
SECTION 228. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Walton Electrical Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Walton Electrical Membership Corporation provides

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a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Walton Electrical Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 229. That the easement granted to Walton Electrical Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 230. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a County with respect to the County road system or of a municipality with respect to the city street system. Walton Electrical Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 231. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 232. That this grant of easement shall be recorded by Walton Electrical Membership Corporation in the Superior Court of Walton County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 233. That the authorization in this resolution to grant the above-described easement to Walton Electrical Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 234. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XIX SECTION 235.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 56 and 73, 3rd Land District, White County, Georgia, and the property is commonly known as the Hardman Farm Historic Site in the custody of the Department of Natural Resources which, by official action dated January 27, 2017, 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.
SECTION 236. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Habersham Electrical Membership Corporation, or its successors and assigns, a non-exclusive easement to construct, operate, and maintain underground electrical distribution lines and associated equipment to serve a new entrance sign. Said easement area is located at the Hardman Farm Historic Site, and is more particularly described as follows: That approximately 0.3 of an acre easement, lying and being in Land Lots 56 and 73, 3rd Land District, White County, Georgia, and that portion only as shown on a Habersham Electrical Membership Corporation drawing 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 237. That the above-described premises shall be used solely for the construction, operation, and maintenance of underground electrical distribution lines and associated equipment to serve a new entrance sign.
SECTION 238. That the Habersham Electrical Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of underground electrical distribution lines and associated equipment.
SECTION 239. That, after the Habersham Electrical Membership Corporation has put into use the underground electrical 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, the Habersham Electrical Membership Corporation, or

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its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 240. That no title shall be conveyed to the Habersham Electrical Membership Corporation and, except as herein specifically granted to the Habersham Electrical Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Habersham Electrical Membership Corporation.

SECTION 241. 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 non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Habersham Electrical Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, the Habersham Electrical Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the Habersham Electrical Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 242. That the easement granted to the Habersham Electrical Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 243. 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, or of a County with respect to the County road system or of a municipality with respect to the city street system. The Habersham Electrical Membership Corporation 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 244. 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 245. That this grant of easement shall be recorded by the Habersham Electrical Membership Corporation in the Superior Court of White County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 246. That the authorization in this resolution to grant the above-described easement to the Habersham Electrical Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 247. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XX SECTION 248.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 6, of the 3rd Land District, White County, Georgia, and the property is commonly known as Unicoi State Park in the custody of the Department of Natural Resources which, by official action dated January 27, 2017, 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.

SECTION 249. 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 non-exclusive easement for the

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construction, installation, operation, and maintenance of underground transmission lines and associated equipment to serve a new archery range restroom building. Said easement area is located in White County, and is more particularly described as follows: That approximately 0.25 of an acre, lying and being in Land Lot 6, of the 3rd Land District, White County, Georgia, and that portion only as shown on a Georgia Power engineer drawing 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 250. That the above-described premises shall be used solely for the construction, installation, operation, and maintenance of underground transmission lines and associated equipment.

SECTION 251. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said underground transmission lines and associated equipment.

SECTION 252. That, after Georgia Power Company has put into use the underground 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 their facilities from the easement area or leaving the same in place, in which event the underground transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 253. 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 254. 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

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non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by 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 removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 255. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 256. 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, or of a County with respect to the County road system or of a municipality with respect to the city street system. Georgia Power Company 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 257. 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 258. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of White County and a recorded copy shall promptly be forwarded to the State Properties Commission.

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SECTION 259. 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 260. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XXI SECTION 261.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 262. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 2, 2017.

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HEALTH EMERGENCY MEDICAL SERVICES; EMERGENCY CARDIAC CARE CENTERS; PROTOCOLS FOR CARDIAC CARE PATIENTS.

No. 105 (Senate Bill No. 102).

AN ACT

To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the designation of emergency cardiac care centers; to provide for legislative findings; to provide for definitions; to provide for the establishment of the Office of Cardiac Care within the Department of Public Health; to establish a three-level designation system; to provide for criteria for each level of emergency cardiac care center; to provide for applications from hospitals; to provide for a data reporting system; to provide for a grant program; to provide for the distribution of a list of emergency cardiac care centers to emergency medical services providers; to provide for the development of a model cardiac care triage assessment tool; to provide for the establishment of protocols related to the triage, assessment, treatment, and transport of cardiac care patients by licensed emergency medical services providers; to provide for statutory construction; to provide that

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a hospital shall not advertise as an emergency cardiac care center unless designated by the state; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding a new article to read as follows:

"ARTICLE 7

31-11-130. The General Assembly finds and declares that:
(1) Cardiovascular disease is the number one cause of death in the United States and in Georgia; (2) Georgia ranks as the thirty-eighth worst in the nation for numbers of deaths from cardiovascular disease; (3) There were 79,901 deaths in Georgia in 2015, and cardiovascular disease (excluding stroke) accounted for 23.6 percent of such deaths; (4) Approximately 40 percent of cardiac deaths occur suddenly, the result of a heart attack that is manifested by an out-of-hospital cardiac arrest; (5) As of 2016, several states, but notably Arizona and Washington, have designated hospitals that are expert in cardiovascular disease care, much in the way that Georgia has stroke and trauma centers; Arizona and Washington have some of the lowest death rates for patients who have heart attacks, in part due to their designated cardiac centers; and (6) Therefore, it is in the best interest of the residents of this state to establish a program to identify emergency cardiac care centers throughout the state to ensure the rapid triage, assessment, treatment, and transport of patients experiencing out-of-hospital cardiac arrest or heart attack or its complications.

31-11-131. As used in this article, the term:
(1) 'Emergency cardiac care center' means a hospital that has been designated by the office pursuant to this article as meeting the criteria set forth in this article. (2) 'Office' means the Office of Cardiac Care established pursuant to this article.

31-11-132. (a) There shall be established the Office of Cardiac Care within the Department of Public Health. The office shall administer the designation process provided for in this article, including, but not limited to, data collection, analysis and reporting, and site visits.

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(b) The office shall designate hospitals that meet the criteria set forth in this article as emergency cardiac care centers. Each emergency cardiac care center shall be further designated as Level I, Level II, or Level III by the office. The criteria for each level designation shall be established by the office and shall include, at a minimum, the following:
(1) Level I shall have: (A) Cardiac catheterization and angioplasty facilities available 24 hours, seven days per week, 365 days per year; (B) On-site cardiothoracic surgery capability available 24 hours, seven days per week, 365 days per year; (C) Established protocols for therapeutic hypothermia for out-of-hospital cardiac arrest patients; (D) The ability to implant percutaneous left ventricular assist devices for support of hemodynamically unstable patients experiencing out-of-hospital cardiac arrest or heart attack; (E) Neurologic protocols to measure functional status at hospital discharge; and (F) The ability to implant automatic implantable cardioverter defibrillators;
(2) Level II shall have: (A) Cardiac catheterization and angioplasty facilities available 24 hours, seven days per week, 365 days per year, but no on-site cardiothoracic surgery capability; (B) Established protocols for therapeutic hypothermia for out-of-hospital cardiac arrest patients; (C) Neurologic protocols to measure functional status at hospital discharge; and (D) A written transfer plan with one or more Level I emergency cardiac care centers for patients who need left ventricular assist devices or cardiothoracic surgery;
(3) Level III shall have: (A) Established protocols for therapeutic hypothermia for out-of-hospital cardiac arrest patients; and (B) A written plan for systematic transfer to a Level I or Level II facility; and
(4) The department shall be authorized to establish one or more additional levels of cardiac care centers as necessary based upon advancements in medicine and patient care. (c) Emergency cardiac care centers are encouraged to coordinate, through agreement, with other level emergency cardiac care centers throughout the state to provide appropriate access to care for cardiac patients. The coordinating agreements shall be in writing and include at a minimum: (1) Transfer agreements for the transport and acceptance of:
(A) Cardiac patients seen by a Level I emergency cardiac care center which a Level II or III emergency cardiac care center is not capable of providing; or (B) Cardiac patients seen by a Level II emergency cardiac care center which a Level III emergency cardiac care center is not capable of providing; and (2) Communication criteria and protocols between the emergency cardiac care centers.

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31-11-133. (a) A hospital shall apply to the office for designation as an emergency cardiac care center through an application process to be determined by the office. A hospital shall demonstrate to the satisfaction of the office that the hospital meets the applicable criteria set forth in this article. The application process may include an on-site inspection of the hospital at the discretion of the office. (b) The office shall establish requirements for the periodic redesignation of emergency cardiac care centers. (c) The office may suspend or revoke a hospital's identification as an emergency cardiac care center, after notice and hearing, if the office determines that the hospital is not in compliance with the requirements or criteria of this article.

31-11-134. (a) The office shall establish a data reporting system which may be composed of one or more data bases for the reporting of data on all out-of-hospital cardiac arrest patients and all heart attack patients. The data reporting system may be composed of data bases established or designated by the office, including, but not limited to, data bases newly created and managed by or on behalf of the office, existing state data bases modified to include such additional reporting, existing regional or national data bases, or any combination thereof. (b) Each emergency cardiac care center shall:
(1) Report to the data base specified by the office data on all out-of-hospital cardiac arrest patients and data on all heart attack patients in accordance with time frame requirements established by the office; and (2) Have a written system included in the protocols for the hospital for timely submission of all such data required to be submitted pursuant to this Code section and office guidelines. (c) The office shall, on an ongoing basis, analyze state-wide data collected pursuant to this Code section for out-of-hospital cardiac arrest patients and heart attack patients, with the goal of improving survival rates over the initial three years of the program, and shall improve any processes or adjust any protocols as necessary to implement best practices to improve the cardiac care of patients through emergency cardiac care centers in this state. (d) The office shall collect the data reported pursuant to this Code section and shall post such information in the form of an annual report card on the office'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 office to conduct training with the identified hospitals regarding best practices in the treatment of emergency cardiac care patients. (e) 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.

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31-11-135. (a) In order to encourage and ensure the establishment of emergency cardiac care centers throughout the state, the office shall award grants, subject to appropriations from the General Assembly, to hospitals that seek designation as emergency cardiac care centers and demonstrate a need for financial assistance to develop the necessary infrastructure, including personnel and equipment, in order to satisfy the criteria for designation as an emergency cardiac care center pursuant to this article. (b) A hospital seeking designation as an emergency cardiac care center pursuant to this article may apply to the office for a grant, in a manner and on a form required by the office, and provide such information as the office deems necessary to determine if the hospital is eligible for such grant. (c) The office may provide grants to as many hospitals as it deems appropriate, subject to appropriations from the General Assembly, taking into consideration adequate geographic diversity with respect to locations. (d) The office 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 office to be eligible for such grants, the total number of grants to be awarded, the name and address of each grantee, and the amount of the award to each grantee.

31-11-136. (a) Beginning June 1, 2018, and each year thereafter, the office shall provide a list of emergency cardiac care centers designated pursuant to this article to the medical director of each licensed emergency medical services provider in this state, shall maintain a copy of such list in the office, and shall post such list on the office's website. (b) The office shall adopt or develop a sample emergency cardiac care triage assessment tool. The office 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, 2017. Each licensed emergency medical services provider shall use an emergency cardiac care triage assessment tool that is substantially similar to the sample emergency cardiac care triage assessment tool provided by the office. (c) The office shall establish protocols related to the triage, assessment, treatment, and transport of emergency cardiac care patients by licensed emergency medical services providers in this state.

31-11-137. This article shall not be construed to be a medical practice guideline or to establish a standard of care for treatment and shall not be used to restrict the authority of a hospital to

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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.

31-11-138. A hospital may not advertise to the public, by way of any medium whatsoever, that it is identified by the state as an emergency cardiac care center unless the hospital has been designated as such by the office pursuant to this article.

31-11-139. The office shall be authorized to promulgate rules and regulations to carry out the purposes of this article."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 2, 2017.
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FOOD, DRUGS, AND COSMETICS REGULATION OF NARCOTIC TREATMENT PROGRAMS.
No. 140 (Senate Bill No. 88).
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 regulation of narcotic treatment programs; to provide for a short title; to provide for definitions; to provide for department authorization to promulgate rules and regulations; to provide for minimum standards of quality and services for narcotic treatment programs; to provide for licensure of programs; to provide for an application review committee; to provide for application review requirements; to provide for the creation of regions; to prohibit certain free services and financial incentives; to provide for zoning compliance; to provide for record requirements; to provide for inspections; to provide for license application denial, license revocation, and license suspension; to provide for appeal; to provide for penalties; to provide for priority admission for drug dependent pregnant females; to provide for central registry compliance; to provide for background investigation; to provide for continuation of rules and regulations;

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to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by designating the existing provisions of Chapter 5 as Article 1 of said chapter and adding a new article to read as follows:

"ARTICLE 2

26-5-40. This article shall be known and may be cited as the 'Narcotic Treatment Programs Enforcement Act.'

26-5-41. As used in this article, the term:
(1) 'Department' means the Department of Community Health, or its successor. (2) 'Governing body' means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls a narcotic treatment program, who is legally responsible for its operation, and who holds the license to operate that program. (3) 'License' means the official permit issued by the department that authorizes the holder to operate a narcotic treatment program for the term provided therein. (4) 'Licensee' means any person holding a license issued by the department under this article. (5) 'Narcotic treatment program' means any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any county board of health, partnership, corporation, association, or person or groups of persons engaged in such administration. (6) 'Patient' means any individual who undergoes treatment in a narcotic treatment program.

26-5-42. The department shall create and promulgate reasonable and necessary minimum standards of quality and services for narcotic treatment programs. At least the following areas shall be covered in the rules and regulations:
(1) Adequate and safe buildings or housing facilities where programs are offered; (2) Adequate equipment for the delivery of programs;

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(3) Sufficient trained or experienced staff who are competent in the duties they are to perform; (4) The content and quality of services to be provided; (5) Requirements for intake, discharge, and aftercare of drug dependent persons; (6) Referral to other appropriate agencies; (7) Continuing evaluation of the effectiveness of programs; (8) Maintenance of adequate records on each drug dependent person treated or advised; (9) A formal plan of cooperation with other programs in the state to allow for continuity of care for drug dependent persons; and (10) Criteria for providing priority in access to services and admissions to programs for drug dependent pregnant females.

26-5-43. The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article.

26-5-44. No governing body shall operate a narcotic treatment program without having a valid license or provisional license issued pursuant to this article.

26-5-45. (a) Application for a license to operate a narcotic treatment program shall be submitted by the governing body to the department in the manner prescribed by rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant. (b) Proof of compliance with all applicable federal and state laws for the handling and dispensing of drugs and all state and local health, safety, sanitation, building, and zoning codes shall be attached to the narcotic treatment application submitted to the department.

26-5-46. (a) The department shall establish an annual or biannual open enrollment period to accept applications for narcotic treatment programs. (b) The department shall establish an information forum for potential applicants prior to the beginning of the open enrollment period that shall be no less than 14 days prior to the start of the open enrollment period. It shall be mandatory for a representative of a prospective applicant for such open enrollment period to attend the information forum. Failure to attend and comply with such record of attendance requirements shall disqualify any applicant from consideration during open enrollment. (c) It shall be mandatory for an applicant to submit a letter of intent stating such applicant's intention to apply for a narcotic treatment program license. Such letter of intent shall include the intended address and region location. The letter shall be delivered to the department at least seven days prior to the beginning of the open enrollment period.

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(d) The first open enrollment period shall be held December 1, 2017, through December 31, 2017, and the department shall not accept any applications for licensure until December 1, 2017. (e) After the first open enrollment period, the department shall administratively determine the annual or biannual open enrollment period no later than December 1 of the preceding calendar year.

26-5-47. (a) The department shall, consistent with the requirements of this Code section, establish an application review process committee. The members of the committee shall include representation from department staff members and the Department of Behavioral Health and Developmental Disabilities. (b) Application requirements shall include, but not be limited to:
(1) Data and details regarding treatment and counseling plans; (2) Biographical and qualifications of owners, medical directors, counselors, and other required staff; (3) Data as determined by the department on currently licensed narcotic treatment programs within the region of the proposed location and within a 75 mile radius, whether or not such other programs are outside of the region; (4) Patient levels of currently licensed programs in the proposed region of care and within 75 miles, including:
(A) The number of patients admitted to current narcotic treatment programs in the most recent month; and (B) The number of patients served by current narcotic treatment programs in the most recent month; (5) Data on demographic, social, health, economic, alcohol and drug related crimes, alcohol and drug overdoses, and hospital and emergency department admission of individuals addicted to opioids for the program location; (6) Applicant experience operating a narcotic treatment program or working at such program, including a complete history of such experience both within this state and in any other state; (7) Program ownership in other locations, if any, including a complete and accurate description of narcotic treatment program experience, including whether the applicant currently holds, has held, or had revoked any licenses, registrations, enrollments, accreditations, contracts, and network memberships. The applicant shall disclose any adverse actions against the applicant while employed by or as a result of ownership of a narcotic treatment program; (8) Evidence the applicant sought community input for the proposed location from substance abuse advocacy organizations, civic organizations, neighborhood associations, locally elected officials, and other groups;

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(9) Proof of notification of intent to file an application with all law enforcement offices within a 25 mile radius of the program location; (10) Proof of notification of intent to file an application with all drug courts within a 75 mile radius of the program location; (11) A narrative description of and information about adjoining businesses and occupancies within 200 feet of the facility, including a description of transportation access, traffic patterns, security features, local area police and crime reports, and neighborhood safety; and (12) A complete description of the facility's staff and patient parking. (c)(1) A program license shall be nontransferable for a change of a governing body. The department shall require currently operating programs that have a change of governing body to submit an application for such change in accordance with its rules and regulations. However, the department shall waive Code Section 26-5-46, all other requirements under this Code section, and Code Section 26-5-48 if such governing body is in good standing with the department. (2) A program license shall be nontransferable for a change of location. The department shall require currently operating programs that have a change of location to submit an application for such change in accordance with its rules and regulations. However, the department shall waive the application requirements for a change of location of a currently operating program pursuant to Code Section 26-5-46, all other requirements under this Code section, and Code Section 26-5-48 if such governing body is in good standing with the department, provided the change of location is within such program's current region established by this article. (d) Upon application for an additional program by a current licensee, each location operated by such licensee shall be inspected. Any such location inspected within the preceding 36 months shall be exempt from such inspection requirement of this subsection. Such inspections are in addition to all other application requirements for an additional program application by such licensee. (e) In the event an applicant is unable to obtain patient information from current programs as required by subsection (b) of the Code section, the department may direct current narcotic treatment programs to provide such information to the applicant.

26-5-48. (a) Prior to the department issuing a license to a governing body for any narcotic treatment program, the program shall demonstrate the following:
(1) Compliance with all state and federal law and regulations; (2) Compliance with all applicable standards of practice; (3) Program structure for successful service delivery; and (4) Impact on the delivery of opioid treatment services of the applicant in the applicable population.

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(b) The department shall issue a license to a governing body for any narcotic treatment program which meets all the rules and regulations for such program and the licensing of such program does not exceed four licensed treatment programs per region pursuant to subsection (h) of this Code section. (c) The department will evaluate the applications based on data submitted as required by Code Section 26-5-47. (d) Applications for licensure submitted to the department prior to June 1, 2016, shall not be subject to Code Section 26-5-46 or 26-5-47. (e) Programs licensed on or before June 30, 2017, are not subject to the regional maximum allowable program limitations pursuant to this Code section. However, if a region has four or more licensed programs on or after July 1, 2017, such region shall be considered to have reached its maximum allowable programs. (f) The department shall establish a review process to determine if a waiver should be granted to an applicant and allow an application to be submitted for review in a region that has four or more licensed narcotic treatment programs. The department shall have full authority to determine the requirements that must be met for a waiver to be considered for review. (g) In the event that the department receives multiple letters of intent before an open enrollment period for a specific region and the ensuing applications will lead to the regional license limit being exceeded, the department shall have the authority to develop a scoring system for the applications submitted and approve a program or programs determined to be most fit for licensure. The department shall develop an appeal process for those applications not selected under such scoring system. (h) For the purpose of narcotic treatment program application evaluation for the department and delivery of services by narcotic treatment programs in communities and to citizens of this state and for the purpose of establishing narcotic treatment programs regional boundaries, there are created 49 regions with those counties designated as follows:
(1) Region 1 shall be composed of Dade, Catoosa, Walker, and Chattooga counties; (2) Region 2 shall be composed of Whitfield and Murray counties; (3) Region 3 shall be composed of Gordon and Bartow counties; (4) Region 4 shall be composed of Floyd County; (5) Region 5 shall be composed of Polk and Haralson counties; (6) Region 6 shall be composed of Paulding County; (7) Region 7 shall be composed of Cobb County; (8) Region 8 shall be composed of Douglas County; (9) Region 9 shall be composed of Fulton County; (10) Region 10 shall be composed of Cherokee County; (11) Region 11 shall be composed of Forsyth County; (12) Region 12 shall be composed of Fannin, Gilmer, and Pickens counties; (13) Region 13 shall be composed of Towns, Union, Lumpkin, and White counties; (14) Region 14 shall be composed of Rabun, Habersham, and Stephens counties;

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(15) Region 15 shall be composed of Hart, Franklin, Elbert, Oglethorpe, and Madison counties; (16) Region 16 shall be composed of Banks, Jackson, and Barrow counties; (17) Region 17 shall be composed of Hall and Dawson counties; (18) Region 18 shall be composed of Gwinnett County; (19) Region 19 shall be composed of DeKalb County; (20) Region 20 shall be composed of Clayton County; (21) Region 21 shall be composed of Henry County; (22) Region 22 shall be composed of Rockdale County; (23) Region 23 shall be composed of Clarke and Oconee counties; (24) Region 24 shall be composed of Walton and Newton counties; (25) Region 25 shall be composed of Wilkes, Lincoln, Taliaferro, McDuffie, Warren, and Glascock counties; (26) Region 26 shall be composed of Columbia, Richmond, and Burke counties; (27) Region 27 shall be composed of Greene, Morgan, Hancock, Putnam, Jasper, Jones, Baldwin, and Wilkinson counties; (28) Region 28 shall be composed of Butts, Lamar, and Monroe counties; (29) Region 29 shall be composed of Fayette, Spalding, Pike, and Upson counties; (30) Region 30 shall be composed of Carroll, Heard, Troup, Coweta, and Meriwether counties; (31) Region 31 shall be composed of Muscogee, Harris, Talbot, Taylor, Marion, and Chattahoochee counties; (32) Region 32 shall be composed of Bibb, Crawford, and Twiggs counties; (33) Region 33 shall be composed of Houston and Peach counties; (34) Region 34 shall be composed of Laurens, Johnson, and Treutlen counties; (35) Region 35 shall be composed of Washington, Jefferson, Emanuel, Candler, and Toombs counties; (36) Region 36 shall be composed of Jenkins, Screven, Bulloch, and Effingham counties; (37) Region 37 shall be composed of Chatham County; (38) Region 38 shall be composed of Bryan, Liberty, McIntosh, Long, Tattnall, and Evans counties; (39) Region 39 shall be composed of Glynn, Camden, Wayne, Appling, and Jeff Davis counties; (40) Region 40 shall be composed of Dodge, Telfair, Montgomery, Wheeler, Bleckley, and Pulaski counties; (41) Region 41 shall be composed of Charlton, Ware, Brantley, Pierce, Bacon, and Coffee counties; (42) Region 42 shall be composed of Clinch, Atkinson, Lanier, Berrien, and Cook counties; (43) Region 43 shall be composed of Lowndes, Colquitt, Echols, Brooks, and Thomas counties;

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(44) Region 44 shall be composed of Tift, Turner, Irwin, and Worth counties; (45) Region 45 shall be composed of Dooly, Crisp, Ben Hill, and Wilcox counties; (46) Region 46 shall be composed of Dougherty County; (47) Region 47 shall be composed of Lee, Sumter, Macon, Schley, Webster, and Stewart counties; (48) Region 48 shall be composed of Calhoun, Baker, Mitchell, Decatur, and Grady counties; and (49) Region 49 shall be composed of Terrell, Randolph, Quitman, Clay, Early, Miller, and Seminole counties.

26-5-49. (a) Narcotic treatment programs shall not provide a bounty, free services, free medication, or other rewards for patient referral to such program. (b) Narcotic treatment programs shall not provide temporary discounted financial incentives to a potential patient that does not conform to the schedule of fees established by such program as required by the department's rules and regulations. (c) Narcotic treatment programs shall not provide discounted fees for services during the first 90 days of treatment. (d) Subsections (b) and (c) of this Code section shall not apply to drug dependent pregnant females.

26-5-50. Narcotic treatment programs shall fully comply with local zoning requirements.

26-5-51. Subject to the limitations of Code Section 26-5-56, the department may require at reasonable intervals that each licensee shall furnish copies of complete records of each person treated or advised by the narcotic treatment program; provided, however, that patient identifying information shall be redacted from such records prior to submission to the department.

26-5-52. Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be made.

26-5-53. The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department shall prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee violates

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any of such rules and regulations; provided, however, that before any order is entered denying a license applied for or suspending or revoking a license previously granted, the applicant or licensee, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

26-5-54. Notice of a proposed suspension or revocation of a license shall be provided in writing by the department to any licensee so affected within 90 days after the open enrollment period has closed or the grounds are discovered. Within ten days from receipt of such notice, the licensee so affected may request a hearing before the department. Upon receipt of such request for hearing in proper form, the department shall schedule a hearing within a reasonable time, but not later than 90 days.

26-5-55. The promulgation of reasonable and necessary rules and regulations, the conduct of administrative hearings, and judicial review of the department's actions shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

26-5-56. For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this chapter shall be confidential and shall not be revealed except to the extent authorized in writing by the drug dependent person affected; furthermore, any communication by such drug dependent person to an authorized employee of any holder of a license shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made.

26-5-57. The department is authorized to enforce this article and the rules and regulations promulgated under this article by injunction. Any violation of this article or any rule or regulation promulgated under this article shall be a nuisance per se; and it shall not be necessary to allege or prove the exhaustion of remedies at law to obtain an injunction under this Code section.

26-5-58. Any person who violates any provision of this article shall be guilty of a misdemeanor.

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26-5-59. Any program licensed or funded by the department under this article shall implement a priority admissions policy for the treatment of drug dependent pregnant females which provides for immediate access to services for any such female applying for admission, which access shall be contingent only upon the availability of space.

26-5-60. To prevent simultaneous enrollment of a patient in more than one program, all programs shall comply with the policies and participate in the central registry operated by the Department of Behavioral Health and Developmental Disabilities. Programs shall comply with the rules and regulations of the department regarding the central registry.

26-5-61. (a) As used in this Code section, the term:
(1) 'Administrator' means the individual designated by the program's governing body who is responsible for the on-going and day-to-day operations of the program, for overall compliance with federal, state, and local laws and regulations regarding the operation of narcotic treatment programs, and for all program employees including practitioners, agents, or other persons providing services at the program. (2) 'Applicant' means any individual affiliated with a partnership, corporation, association or individuals or groups of individuals submitting an application to operate a narcotic treatment program under this article. (3) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (4) 'Criminal record' means any of the following:
(A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (5) 'Program' means a narcotic treatment program required to be licensed under this article. (6) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (7) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30.

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(8) 'Records check application' means fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b)(1) Prior to approving any license for a new program and periodically as established by the department by rules and regulations, the department shall require an administrator and applicant to submit a records check application. The department shall establish a uniform method of obtaining an administrator's and applicant's records check application.
(2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an administrator's and applicant's criminal record and shall notify the administrator or applicant in writing as to the department's determination as to whether such administrator or applicant has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to the GCIC and the Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for administrators and applicants. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3) The department's determination regarding an administrator's or an applicant's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section.

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(c) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new program and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (d) The requirements of this Code section are supplemental to any requirements for a license application or other requirements imposed by this article. (e) The department shall promulgate written rules and regulations reasonable and necessary to implement the provisions of this Code section.

26-5-62. Unless otherwise provided, this article shall not invalidate or affect any rules or regulations which were in effect upon its effective date, promulgated pursuant to authority given by law, and such rules and regulations shall remain in force until repealed, replaced, or invalidated."

SECTION 2. Said chapter is further amended by replacing "chapter" with "article" wherever the former word occurs in:
(1) Code Section 26-5-1, relating to the short title; (2) Code Section 26-5-2, relating to legislative intent; (3) Code Section 26-5-3, relating to definitions regarding drug abuse treatment and education programs; (4) Code Section 26-5-6, relating to promulgation of rules and regulations; (5) Code Section 26-5-7, relating to license required; (6) Code Section 26-5-9, relating to provisional licenses; (7) Code Section 26-5-10, relating to issuance of license and revocation or suspension; (8) Code Section 26-5-17, relating to confidentiality of records, names, and communications; (9) Code Section 26-5-18, relating to injunctions and nuisances per se; (10) Code Section 26-5-19, relating to penalty; (11) Code Section 26-5-20, relating to priority admissions policy for drug dependent pregnant females; and (12) Code Section 26-5-21, relating to the State Commission on Narcotic Treatment Programs.

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SECTION 3. Said chapter is further amended by revising Code Section 26-5-14, relating to denial, suspension, or revocation of license, as follows:
"26-5-14. The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department may prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee violates any of such rules and regulations; provided, however, that before any order is entered denying a license applied for or suspending or revoking a license previously granted, the applicant or license holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

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 4, 2017.

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CRIMES AND OFFENSES EDUCATION FOOD, DRUGS, AND COSMETICS HEALTH PUBLIC OFFICERS AND EMPLOYEES TRANSFER ELECTRONIC DATA BASE OF PRESCRIPTION INFORMATION TO DEPARTMENT OF PUBLIC HEALTH; COLLECTION OF CERTAIN INFORMATION AND REPORTING.

No. 141 (House Bill No. 249).

AN ACT

To amend Chapter 13 of Title 16, Code Sections 26-4-116.2 and 31-2A-4, Article 1 of Chapter 1 of Title 31, and Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to controlled substances, the authority of licensed health practitioners to prescribe opioid antagonists and immunity from liability, the obligations of the Department

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of Public Health, general provisions for health, and death investigations, respectively, so as to change provisions relating to the use of the electronic data base; to transfer responsibilities for the electronic data base of prescription information of the Georgia Drugs and Narcotics Agency to the Department of Public Health; to provide for the department's authority to continue the maintenance and development of the electronic data base of prescription information; to provide for definitions; to collect more information regarding the dispensing and use of certain controlled substances; to change the frequency of reporting certain prescriptions in the electronic data base of prescription information; to clarify provisions relating to confidentiality; to change provisions relating to liability and duties; to change provisions relating to the definitions of dangerous drugs; to require the Department of Public Health have responsibility for the electronic prescription monitoring data base; to provide for information to patients by prescribers when prescribing opioids; to provide for immunity for the state health officer under certain circumstances; to change provisions relating to the state health officer; to provide for his or her authority in connection to certain dangerous drugs; to provide for a coroner's inquest when an individual dies of a suspected drug overdose; to amend Code Section 31-12-2 of the Official Code of Georgia Annotated, relating to reporting disease, confidentiality, reporting required by pharmacists, immunity from liability as to information supplied, and notification of potential bioterrorism, so as to add neonatal abstinence syndrome reporting; 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 annual inspection; to provide for annual reporting of certain data; to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to give a short title to a Code section relating to cardiopulmonary resuscitation and use of automated external defibrillators in schools; 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:

PART I SECTION 1-1.

This part shall be known and may be cited as the "Jeffrey Dallas Gay, Jr., Act."

SECTION 1-2. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising Part 2 of Article 2, relating to the electronic data base of prescription information, as follows:

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"Part 2

16-13-57. (a) As used in this part, the term:
(1) 'Department' means the Department of Public Health. (2) 'PDMP' means the prescription drug monitoring program data base. (b) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the department shall, in consultation with members of the Georgia Composite Medical Board, the State Board of Pharmacy, and the agency, establish and maintain a program to electronically record into an electronic PDMP prescription information resulting from the dispensing of Schedule II, III, IV, or V controlled substances and to electronically review such prescription information that has been entered into such data base. The purpose of such PDMP shall be to assist in the reduction of the abuse of controlled substances; to improve, enhance, and encourage a better quality of health care by promoting the proper use of medications to treat pain and terminal illness; to reduce duplicative prescribing and overprescribing of controlled substance practices, for health oversight purposes; and to gather data for epidemiological research. The PDMP shall be administered by the department. (c) Each prescriber who has a DEA registration number shall enroll to become a user of the PDMP as soon as possible, and no later than January 1, 2018; provided, however, that prescribers who attain a DEA registration number after such date shall enroll within 30 days of attaining such credentials. A prescriber who violates this subsection shall be held administratively accountable to the state regulatory board governing such prescriber for such violation. (d) Between January 1, 2018, and May 31, 2018, the department shall randomly test the PDMP to determine if it is accessible and operational 99.5 percent of the time. If the department determines that the PDMP meets such standard, then between June 1, 2018, and June 20, 2018, the department shall certify in writing to each board that governs prescribers that it is operational. Each board that governs prescribers shall publish such information on its website.

16-13-58. (a) The department shall be authorized to apply for available grants and may accept any gifts, grants, donations, and other funds to assist in developing and maintaining the PDMP; provided, however, that neither the department nor any other state entity shall accept a grant that requires as a condition of the grant any sharing of information that is inconsistent with this part. (b) The department shall be authorized to grant funds to dispensers for the purpose of covering costs for dedicated equipment and software for dispensers to use in complying with the reporting requirements of Code Section 16-13-59. Such grants to dispensers shall be funded by gifts, grants, donations, or other funds received by the department for the

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operation of the PDMP. The department shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser pursuant to this Code section. Nothing in this part shall be construed to require a dispenser to incur costs to purchase equipment or software to comply with this part. (c) Nothing in this part shall be construed to require any appropriation of state funds.

16-13-59. (a) For purposes of the PDMP, each dispenser shall submit to the department by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance. The information submitted for each prescription shall include at a minimum, but shall not be limited to:
(1) DEA permit number or approved dispenser facility controlled substance identification number; (2) Date the prescription was dispensed; (3) Prescription serial number; (4) If the prescription is new or a refill; (5) National Drug Code (NDC) for drug dispensed; (6) Quantity and strength dispensed; (7) Number of days supply of the drug; (8) Patient's name; (9) Patient's address; (10) Patient's date of birth; (11) Patient gender; (12) Method of payment; (13) Approved prescriber identification number or prescriber's DEA permit number; (14) Date the prescription was issued by the prescriber; and (15) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the department. (b) Each dispenser shall submit the prescription information required in subsection (a) of this Code section in accordance with transmission methods established by the department at least every 24 hours. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, such dispenser shall immediately notify the board and department. (c) The department may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the department. Such waiver may permit the dispenser to submit prescription information to the department by paper form or other means, provided all information required in subsection (a) of this Code section is submitted in this alternative format and in accordance with the frequency requirements established pursuant to subsection (b) of this Code section. Requests for waivers shall be submitted in writing to the department.

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(d) The department shall not revise the information required to be submitted by dispensers pursuant to subsection (a) of this Code section more frequently than annually. Any such change to the required information shall neither be effective nor applicable to dispensers until six months after the adoption of such changes. (e) The department shall not access or allow others to access any identifying prescription information from the PDMP after two years from the date such information was originally received by the department. The department may retain prescription information that has been processed to remove personal identifiers from the health information in compliance with the standard and implementation rules of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191, for more than two years but shall promulgate regulations and procedures that will ensure that any identifying information the department 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. (f) A dispenser may apply to the department for an exemption to be excluded from compliance with this Code section if compliance would impose an undue hardship on such dispenser. The department shall provide guidelines and criteria for what constitutes an undue hardship. (g) For purposes of this Code section, the term 'dispenser' shall include any pharmacy or facility physically located in another state or foreign country that in any manner ships, mails, or delivers a dispensed controlled substance into this state.

16-13-60. (a) Except as otherwise provided in subsections (c), (c.1), and (d) of this Code section, prescription information submitted pursuant to Code Section 16-13-59 shall be confidential and shall not be subject to open records requirements, as contained in Article 4 of Chapter 18 of Title 50. (b) The department, 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 or department 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 department 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;

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(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.; (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, for health oversight purposes, or upon the issuance of a subpoena by such agency, board, or Department of Community Health pursuant to their existing subpoena power or to the federal Centers for Medicare and Medicaid Services upon the issuance of a subpoena by the federal government pursuant to its existing subpoena powers;
(5)(A) To not more than two individuals who are members per shift or rotation of the prescriber's or dispenser's staff or employed at the health care facility in which the prescriber is practicing, provided that such individuals:
(i) Are licensed under Chapter 11, 30, 34, or 35 of Title 43; (ii) Are registered under Title 26; (iii) Are licensed under Chapter 26 of Title 43 and submit to the annual registration process required by subsection (a) Code Section 16-13-35, and for purposes of this Code section, such individuals shall not be deemed exempted from registration as set forth in subsection (g) of Code Section 16-13-35; or (iv) Submit to the annual registration process required by subsection (a) Code Section 16-13-35, and for purposes of this Code section, such individuals shall not be deemed exempted from registration as set forth in subsection (g) of Code Section 16-13-35; (B) Such individuals may retrieve and review such information strictly for the purpose of: (i) Providing medical or pharmaceutical care to a specific patient; or (ii) Informing the prescriber or dispenser of a patient's potential use, misuse, abuse, or underutilization of prescribed medication; (C) All information retrieved and reviewed by such individuals shall be maintained in a secure and confidential manner in accordance with the requirements of subsection (f) of this Code section; and (D) The delegating prescriber or dispenser may be held civilly liable and criminally responsible for the misuse of the prescription information obtained by such individuals; (6) To not more than two individuals, per shift or rotation, who are employed or contracted by the health care facility in which the prescriber is practicing so long as the

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medical director of such health care facility has authorized the particular individuals for such access; and (7) In any hospital which provides emergency services, each prescriber may designate two individuals, per shift or rotation, who are employed or contracted by such hospital so long as the medical director of such hospital has authorized the particular individuals for such access. (c.1) An individual authorized to access PDMP prescription information pursuant to this part may: (1) Communicate concerns about a patient's potential usage, misuse, abuse, or underutilization of a controlled substance with prescribers and dispensers that are involved in the patient's health care; (2) Report potential violations of this article to the agency for review or investigation. Following such review or investigation, the agency shall:
(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; or (3) Include PDMP prescription information in a patient's electronic health or medical record. (d) The department may provide data that has been processed to remove personal identifiers from the health information in compliance with the standard and implementation rules of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191, to government entities and other entities for statistical, research, educational, instructional, drug abuse prevention, or grant application purposes after removing information that could be used to identify prescribers. (e) Any person or entity that receives PDMP prescription information or related reports relating to this part from the department shall not disclose such information or reports to any other person or entity except by order of a court of competent jurisdiction or as otherwise permitted pursuant to this part. (f) Any permissible user identified in this part who directly accesses PDMP 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 department. 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.

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(g) No provision in this part shall be construed to modify, limit, diminish, or impliedly repeal any authority of a licensing or regulatory board or any other entity so authorized to obtain prescription information from sources other than the PDMP maintained pursuant to this part; provided, however, that the department shall be authorized to release information from the PDMP only in accordance with the provisions of this part.

16-13-61. (a) There is established an Electronic Database Review Advisory Committee for the purposes of consulting with and advising the department on matters related to the establishment, maintenance, and operation of how prescriptions are electronically reviewed pursuant to this part. This shall include, but shall not be limited to, data collection, regulation of access to data, evaluation of data to identify benefits and outcomes of the reviews, communication to prescribers and dispensers as to the intent of the reviews and how to use the PDMP, and security of data collected. (b) The advisory committee shall consist of 12 members as follows:
(1) A representative from the agency; (2) A representative from the Georgia Composite Medical Board; (3) A representative from the Georgia Board of Dentistry; (4) A representative with expertise in personal privacy matters, appointed by the president of the State Bar of Georgia; (5) A representative from a specialty profession that deals in addictive medicine, appointed by the Georgia Composite Medical Board; (6) A pain management specialist, appointed by the Georgia Composite Medical Board; (7) An oncologist, appointed by the Georgia Composite Medical Board; (8) A representative from a hospice or hospice organization, appointed by the Georgia Composite Medical Board; (9) A representative from the State Board of Optometry; (10) The consumer member appointed by the Governor to the State Board of Pharmacy pursuant to subsection (b) of Code Section 26-4-21; (11) A pharmacist from the State Board of Pharmacy; and (12) A representative from the Department of Public Health. (c) Each member of the advisory committee shall serve a three-year term or until the appointment and qualification of such member's successor. (d) The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year. The vice chairperson shall serve as the chairperson at times when the chairperson is absent. (e) The advisory committee shall meet at the call of the chairperson or upon request by at least three of the members and shall meet at least one time per year. Five members of the committee shall constitute a quorum. (f) The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee.

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16-13-62. The department shall establish rules and regulations to implement the requirements of this part. Nothing in this part shall be construed to authorize the department to establish policies, rules, or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to this part. Nothing in this part shall be construed to impede, impair, or limit a prescriber from prescribing pain medication in accordance with the pain management guidelines developed and adopted by the Georgia Composite Medical Board.

16-13-63. (a)(1) Nothing in this part shall require a dispenser to obtain information about a patient from the PDMP; provided, however, that dispensers are encouraged to obtain such information while keeping in mind that the purpose of such data base includes reducing duplicative prescribing and overprescribing of controlled substances. A dispenser 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 did or did not seek or obtain information from the PDMP. (2)(A) On and after July 1, 2018, when a prescriber is prescribing a controlled substance listed in paragraph (1) or (2) of Code Section 16-13-26 or benzodiazepines, he or she shall seek and review information from the PDMP the first time he or she issues such prescription to a patient and thereafter at least once every 90 days, unless the: (i) Prescription is for no more than a three-day supply of such substance and no more than 26 pills; (ii) Patient is in a hospital or health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides patient care and prescriptions to be administered and used by a patient on the premises of the facility; (iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center and the prescription is for no more than a ten-day supply of such substance and no more than 40 pills; (iv) Patient is terminally ill or under the supervised care of an outpatient hospice program; or (v) Patient is receiving treatment for cancer. (B) This paragraph shall not become effective unless the department's certification required by subsection (d) of Code Section 16-13-57 has been issued. (C) A prescriber who violates this paragraph shall be held administratively accountable to the state regulatory board governing such prescriber but 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 such

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prescriber did or did not seek or obtain information from such data base when prescribing such substance. (3) A prescriber who has reviewed information from the PDMP shall make or cause to be made a notation in the patient's medical record stating the date and time upon which such inquiry was made and identifying the individual's name who made such search and review. If the PDMP does not allow access to such individual, a notation to that effect shall also be made containing the same information of date, time, and individual's name. (4) Nothing in this part shall require a prescriber to obtain information from the PDMP when he or she is prescribing a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance for a patient other than those controlled substances listed in paragraph (1) or (2) of Code Section 16-13-26 and benzodiazepines. Such 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 prescriber did or did not seek or obtain information from such data base when prescribing such a substance. (b) Except as provided in paragraphs (2) and (4) of subsection (a) of this Code section, a person who is injured by reason of any violation of this part shall have a cause of action for the actual damages sustained and, when appropriate, punitive damages; provided, however, that 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 PDMP. Such injured person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred.

16-13-64. (a) A dispenser who knowingly and intentionally fails to submit prescription information to the department as required by this part or knowingly and intentionally submits incorrect prescription information shall be guilty of a felony and, upon conviction thereof, shall be punished for each such offense by imprisonment for not less than one year nor more than five years, a fine not to exceed $50,000.00, or both, and such actions shall be reported to the licensing board responsible for issuing such dispenser's dispensing license for action to be taken against such dispenser's license. (b) An individual authorized to access PDMP prescription information pursuant to this part who negligently uses, releases, or discloses such information in a manner or for a purpose in violation of this part shall be guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing such information in violation of this part shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, a fine not to exceed $5,000.00, or both.
(c)(1) An individual authorized to access PDMP prescription information pursuant to this part who knowingly obtains or discloses such information in a manner or for a purpose

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in violation of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, a fine not to exceed $50,000.00, or both. (2) Any person who knowingly obtains, attempts to obtain, or discloses PDMP prescription information pursuant to this part under false pretenses shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, a fine not to exceed $100,000.00, or both. (3) Any person who obtains or discloses PDMP prescription information not specifically authorized in this part with the intent to sell, transfer, or use such information for commercial advantage, personal gain, or malicious harm shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than ten years, a fine not to exceed $250,000.00, or both. (d) The penalties provided by this Code section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal such other penalties.

16-13-65. (a) This part shall not apply to any veterinarian. (b) This part shall not apply to any drug, substance, or immediate precursor classified as an exempt over the counter (OTC) Schedule V controlled substance pursuant to this chapter or pursuant to board rules established in accordance with Code Section 16-13-29.2."

SECTION 1-3. Said chapter is further amended by revising paragraph (635) of subsection (b) of Code Section 16-13-71, relating to the definition of a dangerous drug, as follows:
"(635) Naloxone -- See exceptions;"

SECTION 1-4. Said chapter is further amended by adding a new paragraph to subsection (c) of Code Section 16-13-71, relating to the definition of a dangerous drug, to read as follows:
"(14.25) Naloxone -- shall also be exempt from subsections (a) and (b) of this Code section when used for drug overdose prevention and when supplied by a dispenser as follows:
(A) Nasal adaptor rescue kits containing a minimum of two prefilled 2 ml. luer-lock syringes with each containing 1 mg./ml. of naloxone; (B) Prepackaged nasal spray rescue kits containing single-use spray devices with each containing a minimum of 4 mg./0.1 ml. of naloxone; (C) Muscle rescue kits containing a 10 ml. multidose fliptop vial or two 1 ml. vials with a strength of 0.4 mg./ml. of naloxone; or (D) Prepackaged kits of two muscle autoinjectors with each containing a minimum of 0.4 mg./ml. of naloxone;"

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SECTION 1-5. Code Section 31-2A-4 of the Official Code of Georgia Annotated, relating to the Department of Public Health obligation to safeguard and promote health of people of this state, is amended 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) Maintain and administer the electronic prescription drug monitoring program data base established under Code Section 16-13-57."

PART II SECTION 2-1.

Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding a new Code section to read as follows:
"16-13-56.1. (a) As used in this Code section, the term 'opioids' means opiates, opioids, opioid analgesics, and opioid derivatives. (b) A prescriber who issues a prescription for an opioid shall provide the patient receiving the prescription information on the addictive risks of using opioids and information on options available for safely disposing of any unused opioids where such options exist. Such information may be provided verbally or in writing."

PART III SECTION 3-1.

Code Section 26-4-116.2 of the Official Code of Georgia Annotated, relating to the authority of licensed health practitioners to prescribe opioid antagonists and immunity from liability, is amended by revising subsections (c) through (e) and adding a new subsection to read as follows:
"(c) A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists pursuant to a prescription issued in accordance with subsection (b) of this Code section or Code Section 31-1-10. (d) A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid related overdose may administer an opioid antagonist that was prescribed pursuant to subsection (b) of this Code section in accordance with the protocol specified by the practitioner or pursuant to Code Section 31-1-10. (e) The following individuals shall be immune from any civil liability, criminal responsibility, or professional licensing sanctions for the following actions authorized by this Code section:
(1) Any practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this Code section;

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(2) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist pursuant to a prescription issued in accordance with subsection (b) of this Code section; (3) The state health officer acting in good faith and as provided in Code Section 31-1-10; and (4) Any person acting in good faith, other than a practitioner, who administers an opioid antagonist pursuant to subsection (d) of this Code section. (f) Every pharmacy in this state shall retain a copy of the standing order issued under Code Section 31-1-10."

SECTION 3-2. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions for health, is amended by revising Code Section 31-1-10, relating to the state health officer, as follows:
"31-1-10. (a) The position of state health officer is created. The Governor may appoint the commissioner of public health to serve simultaneously as the state health officer or may appoint another individual to serve as state health officer. Such officer shall serve at the pleasure of the Governor. An individual appointed to serve as state health officer shall be licensed to practice medicine in this state. (b) The state health officer shall:
(1) Perform such health emergency preparedness and response duties as assigned by the Governor; and (2) Be authorized to issue a standing order prescribing an opioid antagonist, as such term is defined in Code Section 26-4-116.2, on a state-wide basis under conditions that he or she determines to be in the best interest of this state."

PART IV SECTION 4-1.

Code Section 31-12-2 of the Official Code of Georgia Annotated, relating to reporting disease, confidentiality, reporting required by pharmacists, immunity from liability as to information supplied, and notification of potential bioterrorism, is amended by adding a new subsection to read as follows:
"(a.1)(1) As used in this subsection, the term 'neonatal abstinence syndrome' means a group of physical problems that occur in a newborn infant who was exposed to addictive illegal or prescription drugs while in the mother's womb. (2) The department shall require notice and reporting of incidents of neonatal abstinence syndrome. A health care provider, coroner, or medical examiner, or any other person or entity the department determines has knowledge of diagnosis or health outcomes related,

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directly or indirectly, to neonatal abstinence syndrome shall report incidents of neonatal abstinence syndrome to the department. The department shall provide an annual report to the President of the Senate, the Speaker of the House of Representatives, the chairperson of the House Committee on Health and Human Services, and the chairperson of the Senate Health and Human Services Committee. Such annual report shall include any department findings and recommendations on how to reduce the number of infants born with neonatal abstinence syndrome."

PART V. SECTION 5-1.

Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by adding two new Code sections to read as follows:
"26-5-22. The authorized department shall conduct an annual onsite inspection of each narcotic treatment program licensed in this state. Such inspection shall include, but shall not be limited to, the premises, staff, persons in care, and documents pertinent to the continued licensing of such narcotic treatment program so that the department may determine whether a provider is operating in compliance with licensing requirements.

26-5-23. The Department of Community Health and the Department of Behavioral Health and Developmental Disabilities shall publish an annual report using data from the department's central registry data base on the number of patients in enrolled treatment, the number of patients discharged from treatment, patients' state of residence, and other information determined by the departments. Such published report shall exclude patient identifying information and be compliant with state and federal laws."

PART VI SECTION 6-1.

Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, is amended by revising subsection (a) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, as follows:
"(a) When any individual dies in any county in this state: (1) As a result of violence; (2) By suicide or casualty; (3) Suddenly when in apparent good health; (4) When unattended by a physician;

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(5) In any suspicious or unusual manner, with particular attention to those individuals 16 years of age and under; (6) After birth but before seven years of age if the death is unexpected or unexplained; (7) As a result of an execution carried out pursuant to the imposition of the death penalty under Article 2 of Chapter 10 of Title 17; (8) When an inmate of a state hospital or a state, county, or city penal institution; (9) After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission; or (10) As a result of an apparent drug overdose, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county in which the acts or events resulting in the death occurred or the body is found. For the purposes of this Code section, no individual shall be deemed to have died unattended when the death occurred while he or she was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."

SECTION 6-2. Said article is further amended by revising subsection (a) of Code Section 45-16-27, relating to when an inquest is to be held, as follows:
"(a) Coroners shall require an inquest to be conducted in their respective counties as follows:
(1) When any individual dies under any circumstances specified in paragraphs (1) through (10) of subsection (a) of Code Section 45-16-24; provided, however, that an inquest shall not be required to be held, although the coroner shall be authorized to hold an inquest, under the following circumstances:
(A) When upon the completion of the medical examiner's inquiry the peace officer in charge and the medical examiner are satisfied that, even though death resulted from violence, no foul play was involved. In this event, the peace officer in charge and the medical examiner shall make a written report of their investigation and findings to the division as set forth in Code Section 45-16-32, and upon their recommendation, the coroner shall make and file a proper death certificate; (B) When there is sufficient evidence to establish the cause and manner of death, even though the medical examiner's inquiry revealed that death resulted from foul play; (C) When no demand for an inquest is made within 30 days after the filing of the death certificate. However, if such demand is made by the party or parties affected by the death, the coroner shall be authorized to hold the inquest; (D) When upon the completion of the medical examiner's inquiry the medical examiner and peace officer in charge are sufficiently satisfied that death resulted from natural causes, and that medical examiner or coroner is willing to and does sign and file a proper death certificate, and no demand for an inquest is made within 30 days thereafter;

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(D.1) In cases of deaths resulting from an accident involving any civil aircraft, it shall be the responsibility of the peace officer in charge to notify the National Transportation Safety Board or the Federal Aviation Administration of such accident, to proceed to the scene and guard the area in such manner that no bodies, wreckage, cargo, or mail shall be moved or disturbed until authorized by a representative of the National Transportation Safety Board or the Federal Aviation Administration except to the extent necessary to remove individuals injured or trapped, to protect the wreckage from further damage, or to protect the public from injury. When it is necessary to move aircraft wreckage, mail, or cargo, sketches, descriptive notes, and photographs shall be made, if possible, of the original positions and condition of the wreckage and any significant impact marks. The coroner or medical examiner shall assist investigators from the National Transportation Safety Board or the Federal Aviation Administration as authorized by federal law; (E) When after full and complete investigation no evidence of foul play is found in cases of hidden cause of death which fall under the jurisdiction of the coroner. The coroner shall be authorized to sign the death certificate on the basis of the information given to him or her in the reports of the peace officer in charge and the medical examiner, provided that, in such hidden causes of death, after a complete investigation, if sufficient medical history is obtained by the coroner, the peace officer in charge, or the medical examiner to disclose the cause of death and if the attending physician will sign the death certificate, such cases shall not come under the jurisdiction of the coroner; provided, further, that, if there are sufficient competent eyewitnesses to an act in the opinion of the peace officer in charge, such cases shall not come under the jurisdiction of the coroner; or (F) In cases of deaths of personnel in the armed forces of the United States government resulting from airplane disasters involving airplanes of the armed forces, including crashes or explosions, which deaths shall not come under the jurisdiction of the coroner. It shall be the responsibility of the peace officer in charge to notify the proper armed forces of the United States government immediately of such airplane crashes or explosions in order that they may send their trained forces to the scene for investigation. It shall be the duty of the peace officer in charge, when notified of such crashes or explosions, to proceed to the scene and guard the area in such manner that no bodies or parts of said airplanes shall be moved or disturbed until the arrival of proper investigating officers from the armed forces of the United States government; (2) When an inmate of a state hospital or a state, county, or city penal institution dies unexpectedly without an attending physician or as a result of violence. The chief medical examiner or his or her designee, regional medical examiner, or local medical examiner shall perform all medical examiners' inquiries. The coroner, in those counties in which such office has not been replaced by a local medical examiner, shall hold an inquest after receiving the written reports as set forth in Code Section 45-16-32;

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(3) When ordered by a court in connection with a medical examiner's inquiry ordered by that court pursuant to subsection (c) of Code Section 45-16-24; or (4) Notwithstanding any other provisions of this subsection, no individual shall be deemed to have died unattended by a physician when the death occurred while he or she was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."

PART VII SECTION 7-1.

Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, is amended by revising Code Section 20-2-149.1, relating to instruction in cardiopulmonary resuscitation and use of automated external defibrillators, as follows:
"20-2-149.1. (a) This Code section shall be known and may be cited as the 'Cory Joseph Wilson Act.' (b) As used in this Code section, the term 'psychomotor skills' means skills using hands-on practice to support cognitive learning. (c) Beginning in the 2013-2014 school year, each local board of education which operates a school with grades nine through 12 shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to its students as a requirement within existing health or physical education courses. Such training shall include either of the following and shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and use an automated external defibrillator:
(1) An instructional program developed by the American Heart Association or the American Red Cross; or (2) An instructional program which is nationally recognized and is based on the most current national evidence based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. (d) A teacher shall not be required to be a certified trainer of cardiopulmonary resuscitation or to facilitate, provide, or oversee instruction which does not result in certification in cardiopulmonary resuscitation and the use of an automated external defibrillator. (e) This Code section shall not be construed to require students to become certified in cardiopulmonary resuscitation and the use of an automated external defibrillator; provided, however, that if a local board of education chooses to offer courses which result in certification being earned, such courses shall be taught by instructors in cardiopulmonary resuscitation and the use of an automated external defibrillator authorized to conduct an instructional program included in paragraph (1) or (2) of subsection(c) of this Code section. (f) The Department of Education shall establish a procedure to monitor adherence by local boards of education."

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PART VIII SECTION 8-1.

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

Approved May 4, 2017.

__________

FIRE PROTECTION AND SAFETY LOCAL GOVERNMENT REVENUE AND TAXATION INSURANCE COVERAGE FOR FIREFIGHTERS; FORMATION AND FUNCTIONS OF INTERLOCAL RISK MANAGEMENT AGENCIES; TAX EXEMPTION FOR BENEFITS RECEIVED FROM AND TAX DEDUCTION FOR PREMIUMS PAID FOR INSURANCE COVERAGE FOR FIREFIGHTERS.

No. 142 (House Bill No. 146).

AN ACT

To amend Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general requirements for legally organized fire departments, so as to require such fire departments to provide and maintain certain insurance coverage for firefighters; to provide methods for funding; to provide for rules and regulations; to amend Chapter 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change certain provisions relating to definitions; to change certain provisions relating to formation and functions of such agencies; to change certain provisions relating to certificates of authority and applications; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide an exemption for benefits received from and a deduction for premiums paid for said insurance coverage for firefighters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general requirements for legally organized fire departments, is amended by revising subsections (b) and (c) as follows:
"(b)(1) A legally organized fire department shall provide and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions.
(2)(A) As used in this paragraph, the term: (i) 'Cancer' means bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectum, respiratory tract, skin, testicular, and thyroid cancer; leukemia; multiple myeloma; or non-Hodgkin's lymphoma. (ii) 'Firefighter' means a firefighter as defined in Code Section 25-4-2.
(iii) 'Volunteer' means a volunteer as defined in Code Section 25-4-2. (B) On and after January 1, 2018, a legally organized fire department shall provide and maintain sufficient insurance coverage on each member of the fire department who is a firefighter to pay claims for cancer diagnosed after having served 12 consecutive months as a firefighter with such fire department. Such insurance benefits shall include at minimum the following:
(i)(I) A lump sum benefit of $25,000.00 subject to limitations specified in the insurance contract and based on severity of cancer and payable to such firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that:
(a) Surgery, radiotherapy, or chemotherapy is medically necessary; (b) There is metastasis; or (c) The firefighter has terminal cancer, is expected to die within 24 months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy; or (II) A lump sum benefit of $6,250.00 subject to limitations specified in the insurance contract and based on severity of cancer and payable to such firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that: (a) There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary: (b) There are malignant tumors which are treated by endoscopic procedures alone; (c) There are malignant melanomas; or

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(d) There is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy; and (ii) Payable as a result of a specific injury or illness to begin six months after disability and submission to the insurance carrier or other payor of acceptable proof of disability precluding service as a firefighter and continuing for up to 36 consecutive monthly payments: (I) A monthly benefit equal to 60 percent of the member's monthly salary as an employed firefighter with the fire department or a monthly benefit of $5,000.00, whichever is less; or (II) If the member is a volunteer, a monthly benefit of $1,500.00. The benefit under subdivision (I) or (II) of this division, as applicable, shall be subordinate to any other benefit actually paid to the firefighter for such disability from any other source, not including insurance purchased solely by the firefighter, and shall be limited to the difference between the amount of such other paid benefit and the amount specified under subdivision (I) or (II) of this division, as applicable. (C) The combined total of all benefits received by any firefighter under subdivisions (B)(i)(I) and (B)(i)(II) of this paragraph during his or her lifetime shall not exceed $50,000.00. (D) With the exception of the benefit under subdivision (B)(ii)(I) of this paragraph, any person who was simultaneously a member of more than one fire department at the time of diagnosis shall not be entitled to receive benefits under this paragraph from or on behalf of more than one of such fire departments. In the event a volunteer of one fire department is simultaneously employed by another fire department, the fire department for which such person is a volunteer shall not be required to maintain the coverage on such volunteer otherwise required under this subsection during the period of such employment. Any member who receives benefits under division (ii) of subparagraph (B) of this paragraph may be required to have his or her condition reevaluated; in the event any such reevaluation reveals that such person has regained the ability to perform duties as a firefighter, then his or her benefits under division (ii) of subparagraph (B) of this paragraph shall cease. Benefits under said division shall also cease upon the death of such person. A member who, after at least one year as a firefighter, departs from employment, ceases to be an active volunteer, or retires shall be entitled to continue his or her coverages under this paragraph through a continuation or conversion to individual coverage. The departing member shall be responsible for payment of all premiums. (E) In addition to any other purpose authorized under Chapter 8 of Title 33, county governing authorities and municipal governing authorities may use proceeds from county and municipal taxes imposed under said chapter for purposes of providing insurance pursuant to this paragraph. (F) Funds received as premiums for the coverages specified in this paragraph shall not be subject to premium taxes under Chapter 8 of Title 33.

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(G) The computation of premium amounts by an insurer for the coverages under this paragraph shall be subject to generally accepted adjustments from insurance underwriting. (c) The Georgia Firefighter Standards and Training Council shall be authorized to adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section and to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section."

SECTION 2. Chapter 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, is amended in Code Section 36-85-1, relating to definitions, by revising paragraphs (6) and (8) as follows:
"(6) 'Group self-insurance fund' or 'fund' means a pool of public moneys established by an interlocal risk management agency from contributions of its members in order to pool the risks of accident, disability, supplemental medical, general liability, motor vehicle liability, property damage, or any combination of such risks." "(8) 'Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of accident, disability, supplemental medical, general liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group self-insurance funds, including the processing and defense of claims brought against members of the agency."

SECTION 3. Said chapter is further amended in Code Section 36-85-2, relating to the formation and functions of interlocal risk management agencies, by revising paragraph (4) of subsection (a) as follows:
"(4) Jointly purchase accident, disability, supplemental medical, general liability, motor vehicle liability, or property damage insurance with other municipalities or counties participating in and belonging to the interlocal risk management agency, the participating municipalities or counties to be coinsured under a master policy or policies with the total premium apportioned among such participants."

SECTION 4. Said chapter is further amended in Code Section 36-85-5, relating to certificates of authority and applications, by revising subsection (d) as follows:
"(d) A fund authorized by this chapter may be established by an agency only if the agency has enrolled members which:
(1) For each motor vehicle liability and general liability fund shall generate an annual gross premium of not less than $300,000.00;

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(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00; (3) For each fund which includes motor vehicle liability or general liability with property damage shall generate an annual gross premium of not less than $500,000.00; (4) For each fund which includes motor vehicle liability, general liability, and property damage shall generate an annual gross premium of not less than $800,000.00; or (5) For each fund which includes accident, disability, or supplemental medical coverage shall generate an annual gross premium of not less than $500,000.00."

SECTION 5. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, is amended in subsection (a) by adding new paragraph to read as follows:
"(12.2) Payments received by a firefighter pursuant to paragraph (2) of subsection (b) of Code Section 25-3-23, to any extent such amounts are included in the taxpayer's federal adjusted gross income and are not otherwise exempt under any other provision of this Code section; (12.3) An amount equal to 100 percent of any premium paid by the individual taxpayer during the taxable year for coverage pursuant to paragraph (2) of subsection (b) of Code Section 25-3-23, to any extent such deduction has not been included in the taxpayer's federal adjusted gross income and such amount is not otherwise deductible under any other provision of this Code section;"

SECTION 6. This Act shall become effective on January 1, 2018.

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

Approved May 4, 2017.

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CRIMES AND OFFENSES CARRYING AND POSSESSION OF HANDGUNS BY WEAPONS CARRY LICENSE HOLDERS IN CERTAIN BUILDINGS AND ON CERTAIN PROPERTY.

No. 167 (House Bill No. 280).

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 and possession of handguns in certain manners by weapons carry license holders in certain buildings or on real property owned by or leased to public institutions of postsecondary education; to provide for exceptions; to revise criminal penalties for violations; 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. 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 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 revising paragraph (2) of subsection (b) and by revising subsection (c) by deleting "or" at the end of paragraph (18), by replacing the period with "; or" at the end of paragraph (19), and by adding a new paragraph to read as follows:
"(2) Except as provided for in paragraph (20) of subsection (c) of this Code section, any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both."
"(20)(A) Any weapons carry license holder when he or she is in any building or on real property owned by or leased to any public technical school, vocational school, college, or university, or other public institution of postsecondary education; provided, however, that such exception shall:
(i) Not apply to buildings or property used for athletic sporting events or student housing, including, but not limited to, fraternity and sorority houses; (ii) Not apply to any preschool or childcare space located within such buildings or real property;

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(iii) Not apply to any room or space being used for classes related to a college and career academy or other specialized school as provided for under Code Section 20-4-37; (iv) Not apply to any room or space being used for classes in which high school students are enrolled through a dual enrollment program, including, but not limited to, classes related to the 'Move on When Ready Act' as provided for under Code Section 20-2-161.3; (v) Not apply to faculty, staff, or administrative offices or rooms where disciplinary proceedings are conducted; (vi) Only apply to the carrying of handguns which a licensee is licensed to carry pursuant to subsection (e) of Code Section 16-11-126 and pursuant to Code Section 16-11-129; and (vii) Only apply to the carrying of handguns which are concealed. (B) Any weapons carry license holder who carries a handgun in a manner or in a building, property, room, or space in violation of this paragraph shall be guilty of a misdemeanor; provided, however, that for a conviction of a first offense, such weapons carry license holder shall be punished by a fine of $25.00 and not be sentenced to serve any term of confinement. (C) As used in this paragraph, the term: (i) 'Concealed' means carried in such a fashion that does not actively solicit the attention of others and is not prominently, openly, and intentionally displayed except for purposes of defense of self or others. Such term shall include, but not be limited to, carrying on one's person while such handgun is substantially, but not necessarily completely, covered by an article of clothing which is worn by such person, carrying within a bag of a nondescript nature which is being carried about by such person, or carrying in any other fashion as to not be clearly discernible by the passive observation of others. (ii) 'Preschool or childcare space' means any room or continuous collection of rooms or any enclosed outdoor facilities which are separated from other spaces by an electronic mechanism or human-staffed point of controlled access and designated for the provision of preschool or childcare services, including, but not limited to, preschool or childcare services licensed or regulated under Article 1 of Chapter 1A of Title 20."

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

Approved May 4, 2017.

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DOMESTIC RELATIONS EXPAND DEFINITION OF SEXUAL ABUSE.

No. 168 (House Bill No. 86).

AN ACT

To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to expand the definition of sexual abuse to include acts involving trafficking a person for sexual servitude; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, is amended in paragraph (10) of subsection (b) by deleting "or" at the end of subparagraph (H), by replacing the period with "; or" at the end of subparagraph (I), and by adding a new subparagraph to read as follows:
"(J) Any act described by subsection (c) of Code Section 16-5-46."

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 8, 2017.

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SOCIAL SERVICES EXCLUDE CERTAIN RECORDS FROM DISCLOSURE.

No. 169 (House Bill No. 75).

AN ACT

To amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records, so as to exclude certain records from disclosure; 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 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records, is amended in paragraph (6) of subsection (a) by adding a new subparagraph to read as follows:
"(A.1) Any part of a record of the department or a governmental child protective agency that includes information provided by law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records;"

SECTION 2. Said Code section is further amended in paragraph (2) of subsection (e) by deleting "and" at the end of subparagraph (E), by replacing the period with "; or" at the end of subparagraph (F), and by adding a new subparagraph to read as follows:
"(G) Any part of a record of the department or a governmental child protective agency that includes information provided by law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records."

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

Approved May 8, 2017.

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SOCIAL SERVICES EXPAND ACCESS TO CHILD ABUSE RECORDS BY CERTAIN AGENCIES AND DEPARTMENTS.

No. 170 (Senate Bill No. 168).

AN ACT

To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to expand the persons and agencies permitted to access child abuse records by the department or a county or other state or local agency; to permit access to information in the child abuse registry to certain governmental entities investigating allegations of child abuse; to permit access to the child abuse registry to certain child-placing entities conducting foster and adoptive parent background checks; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended in subsection (c) of Code Section 49-5-41, relating to persons and agencies permitted access to records, by revising paragraphs (2) and (5), by deleting "or" at the end of paragraph (11), by replacing the period with "; or" at the end of paragraph (12), and by adding a new paragraph to read as follows:
"(2) A licensed child-placing agency, a licensed child-caring institution of this state which is assisting the department by locating or providing foster or adoptive homes for children in the custody of the department, a licensed adoption agency of this or any other state which is placing a child for adoption, or an investigator appointed by a court of competent jurisdiction of this state to investigate a pending petition for adoption;" "(5) An agency, facility, or person having responsibility or authorization to assist in making a judicial determination for the child who is the subject of the report or record of child abuse, including but not limited to, members of officially recognized citizen review panels, court appointed guardians ad litem, certified court appointed special advocate (CASA) volunteers who are appointed by a judge of a juvenile court to act as advocates for the best interest of a child in a juvenile proceeding, and members of a protocol committee, as such term is defined in Code Section 19-15-1;" "(13) Local and state law enforcement agencies of this state, the Department of Community Supervision, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, the Department of Corrections, and the Department of Juvenile Justice when such entities, officers, or departments are providing supervision or services to individuals and families to whom the department is also providing services. Such access or release

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of records shall not be provided when prohibited by federal law or regulation. Access to such records may be provided electronically."

SECTION 2. Said chapter is further amended in subsection (a) of Code Section 49-5-185, relating to access to information in the registry, by revising paragraph (1), by deleting "and" at the end of paragraph (4), by replacing the period with "; and" at the end of paragraph (5), and by adding three new paragraphs to read as follows:
"(1) An abuse investigator who has investigated or any federal, federally recognized tribal, state, or local governmental entity of this or any other state or any agent of such governmental agencies which is investigating or responding to a report of a case of possible child abuse 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;" "(6) Any federal, federally recognized tribal, state, or local governmental entity of this or any other state or any agent of such governmental entities requesting information concerning any prospective foster or adoptive parent or any adult living in the home of the prospective foster or adoptive parent, which information shall be provided and used solely for the purpose of conducting background checks of prospective foster or adoptive parents; (7) Any child-placing agency of this state licensed to place children in foster homes or for adoption requesting information concerning any prospective foster or adoptive parent, which information shall be provided and used solely for the purpose of conducting background checks of foster parents or adoptive parents; and (8) Any entity licensed by any other state to place children for adoption which information shall be provided at the discretion of the division and used solely for the purpose of conducting background checks on adoptive parents or prospective adoptive parents."

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

Approved May 8, 2017.

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347

PENAL INSTITUTIONS LOITERING RESTRICTIONS FOR REGISTERED SEXUAL OFFENDERS VISITING THIS STATE.

No. 171 (Senate Bill No. 250).

AN ACT

To amend Code Section 42-1-15 of the Official Code of Georgia Annotated, relating to restrictions on registered offenders residing, working, or loitering within certain distances of child care facilities, churches, schools, or areas where minors congregate, so as to apply loitering restrictions to individuals registered as sexual offenders in other states who are visiting this state; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 42-1-15 of the Official Code of Georgia Annotated, relating to restrictions on registered offenders residing, working, or loitering within certain distances of child care facilities, churches, schools, or areas where minors congregate, is amended by revising subsection (d) as follows:
"(d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any individual or for any person who is or should be registered on another state's sexual offender registry to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate."

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

Approved May 8, 2017.

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TORTS FACILITATION OF SPACE FLIGHT ACTIVITIES IN STATE; LIMIT LIABILITY OF SPACE FLIGHT ENTITIES IN CERTAIN CIRCUMSTANCES.

No. 172 (House Bill No. 1).

AN ACT

To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for the facilitation of space flight activities in this state; to provide for definitions; to provide for exceptions; to limit the liability of space flight entities related to injuries sustained by participants who have agreed in writing to such a limitation after being provided with certain warnings; 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 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new article to Chapter 3, relating to liability of landowners and occupiers of land, to read as follows:

"ARTICLE 4

51-3-41. (a) As used in this article, the term:
(1) 'Crew member' means any employee of a space flight entity or any contractor or subcontractor of a space flight entity who performs activities directly relating to the launch, reentry, or other operation of or in a spacecraft, launch vehicle, or reentry vehicle. (2) 'Launch' means a placement or attempted placement of a launch vehicle, reentry vehicle, or spacecraft in a suborbital trajectory, in Earth orbit, or in outer space, including activities involved in the preparation of a launch vehicle, reentry vehicle, or spacecraft for such placement or attempted placement. (3) 'Launch vehicle' means any contrivance and its stages or components designed to operate or place a spacecraft in a suborbital trajectory, in Earth orbit, or in outer space. (4) 'Local government' means a county, municipal corporation, or consolidated government of the State of Georgia. (5) 'Local governmental unit' means a local government and any office, agency, department, commission, board, body, division, instrumentality, or institution thereof. (6) 'Person' means an individual, proprietorship, corporation, firm, partnership, association, or other such entity.

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(7) 'Reentry' means a return or attempt to return of a launch vehicle, reentry vehicle, or spacecraft from a suborbital trajectory, from Earth orbit, or from outer space to Earth, including activities involved in the recovery of a launch vehicle, reentry vehicle, or spacecraft. (8) 'Reentry vehicle' means any contrivance and its stages or components designed to return from Earth orbit or outer space to Earth substantially intact. The term 'reentry vehicle' shall include a reusable launch vehicle. (9) 'Reusable launch vehicle' means a launch vehicle that is designed to return to Earth substantially intact for use in more than one launch or that contains vehicle stages that may be recovered for future use in the operation of a substantially similar launch vehicle. (10) 'Spacecraft' means any object and its components designed to be launched for operations in a suborbital trajectory, in Earth orbit, or in outer space, including, but not limited to, a satellite, a payload, an object carrying a crew member or space flight participant, and any subcomponents of the launch vehicle or reentry vehicle specifically designed or adapted for such object. (11) 'Space flight activities' means activities and training in any phase of preparing for or undertaking space flight, including, but not limited to, the:
(A) Preparation of a launch vehicle, reentry vehicle, payload, spacecraft, crew member, or space flight participant for launch, space flight, or reentry; (B) Conduct of the launch; (C) Conduct occurring between the launch and reentry; (D) Conduct of reentry and descent; (E) Conduct of the landing; (F) Conduct of post landing recovery of a launch vehicle, reentry vehicle, payload, spacecraft, crew member, or space flight participant; and (G) Conduct of embarking or disembarking of a launch vehicle, reentry vehicle, payload, spacecraft, crew member, or space flight participant. (12) 'Space flight entity' means: (A) A person which conducts space flight activities and which, to the extent required by federal law, has obtained the appropriate Federal Aviation Administration license or other authorization, including any safety approval and a payload determination that may be required under federal law or the laws of the State of Georgia; (B) A manufacturer or supplier of components, services, spacecrafts, launch vehicles, or reentry vehicles used in space flight activities; (C) An employee, officer, director, owner, stockholder, member, manager, advisor, or partner of the entity, manufacturer, or supplier; (D) An owner or lessor of real property on which space flight activities are conducted; (E) A state agency or local governmental unit with a contractual relationship with any person described in subparagraphs (A) through (D) of this paragraph; or (F) A state agency or local governmental unit having jurisdiction in the territory in which space flight activities are conducted.

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(13) 'Space flight participant' means an individual who: (A) Is not a crew member; and (B)(i) Is carried aboard a spacecraft, launch vehicle, or reentry vehicle; or (ii) Has indicated a desire to be carried aboard a spacecraft, launch vehicle, or reentry vehicle as demonstrated by paying any deposit or fee required, if any, to be carried aboard a spacecraft, launch vehicle, or reentry vehicle or by participating in any training program or orientation session that may be required by a space flight entity.
(14) 'Space flight participant injury' means harm or damage sustained by a space flight participant, including bodily harm, emotional distress, death, disability, or any other loss. (15) 'State agency' means any department, commission, or other institution of the executive branch of the government of the State of Georgia. (16) 'This state' means the State of Georgia, all land and water over which it has either exclusive or concurrent jurisdiction, and the airspace above such land and water.

51-3-42. (a) Except as provided in subsection (b) of this Code section, a space flight entity shall not be civilly liable to or criminally responsible for any person for a space flight participant injury arising out of inherent risks associated with any space flight activities occurring in or originating from this state if the space flight participant has:
(1) Signed the warning and agreement required by Code Section 51-3-43; and (2) Given written informed consent as may be required by 51 U.S.C. Section 50905 or other federal law. (b) Nothing in this Code section shall: (1) Limit liability for a space flight participant injury:
(A) Proximately caused by the space flight entity's gross negligence for the safety of the space flight participant; or (B) Intentionally caused by the space flight entity; (2) Limit the liability of any space flight entity against any person other than a space flight participant who meets the requirements of paragraphs (1) and (2) of subsection (a) of this Code section; (3) Limit liability for the breach of a contract for use of real property by a space flight entity; or (4) Preclude an action by the federal government, the State of Georgia, or any state agency to enforce a valid statute or rule or regulation. (c) The limitations on legal liability afforded to a space flight entity by the provisions of this article shall be in addition to any other limitations of legal liability provided by federal law or the laws of this state.

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51-3-43. (a) A space flight participant shall sign a warning and agreement before participating in any space flight activity. Such warning and agreement shall be in writing and include the following language:
'WARNING AND AGREEMENT

UNDER GEORGIA LAW THERE IS NO LIABILITY FOR INJURY, DEATH, OR OTHER LOSS RESULTING FROM ANY INHERENT RISKS OF SPACE FLIGHT ACTIVITIES. SUCH INHERENT RISKS OF SPACE FLIGHT ACTIVITIES INCLUDE, WITHOUT LIMITATION, THE POTENTIAL FOR SERIOUS BODILY INJURY, SICKNESS, PERMANENT DISABILITY, PARALYSIS, AND LOSS OF LIFE; EXPOSURE TO EXTREME CONDITIONS AND CIRCUMSTANCES; ACCIDENTS, CONTACT, OR COLLISION WITH OTHER SPACE FLIGHT PARTICIPANTS, SPACE FLIGHT VEHICLES, AND EQUIPMENT; AND DANGERS ARISING FROM ADVERSE WEATHER CONDITIONS AND EQUIPMENT FAILURE.

I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS WARNING AND AGREEMENT, I HAVE EXPRESSLY ACCEPTED AND ASSUMED ALL RISKS AND RESPONSIBILITIES FOR INJURY, DEATH, AND OTHER LOSS THAT MAY RESULT FROM THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN ANY SPACE FLIGHT ACTIVITIES. I FURTHER UNDERSTAND AND AGREE THAT BY SIGNING THIS WARNING AND AGREEMENT, I HAVE EXPRESSLY WAIVED ALL CLAIMS OF MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNEES FOR ANY INJURY, DEATH, AND OTHER LOSS THAT MAY RESULT FROM MY PARTICIPATION IN ANY SPACE FLIGHT ACTIVITIES DUE TO THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN SPACE FLIGHT ACTIVITIES.

FURTHER WARNING: DO NOT SIGN UNLESS YOU HAVE READ AND UNDERSTOOD THIS WARNING AND AGREEMENT.' (b) The warning and agreement under subsection (a) of this Code section shall be considered effective and enforceable if it is: (1) In writing; (2) In a document separate from any other agreement between the space flight participant and the space flight entity other than a warning, consent, or assumption of risk statement required under federal law or under applicable laws of another state; (3) Printed in capital letters in not less than 10-point bold type; (4) Signed by the space flight participant; (5) Signed by a competent witness; and

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(6) Provided to the space flight participant at least 24 hours prior to such space flight participant's participation in any space flight activity. (c) A warning and agreement that is in writing and signed by a space flight participant that is in compliance with the requirements of this Code section shall be considered effective and enforceable as to the heirs, executors, administrators, successors, and assignees of the space flight participant with respect to a space flight entity's civil liability or criminal responsibility for a space flight participant injury to such space flight participant. (d) A warning and agreement executed pursuant to this Code section shall not limit liability for a space flight participant injury: (1) Proximately caused by the space flight entity's gross negligence evidencing willful or wanton disregard for the safety of the space flight participant; or (2) Intentionally caused by a space flight entity. (e) A warning and agreement executed in compliance with this Code section shall not be deemed unconscionable or against public policy.

51-3-44. Any litigation, action, suit, or other arbitral, administrative, or judicial proceeding at law or equity against a space flight entity pertaining to space flight activities shall be governed by the laws of the State of Georgia."

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

Approved May 8, 2017.

__________

CIVIL PRACTICE PROPERTY ACCRUAL PERIODS OF RIGHTS OF ACTION FOR BREACH OF RESTRICTIVE COVENANTS; EXPANSION OF CONDOMINIUMS IN CERTAIN CIRCUMSTANCES; CONTROL OF CONDOMINIUM ASSOCIATION; DONATION OF ABANDONED DIVIDENDS AND CAPITAL CREDITS OF RURAL TELEPHONE COOPERATIVES.

No. 173 (Senate Bill No. 46).

AN ACT

To provide for the regulation of certain matters relating to property; to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to limitations of actions

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relative to breach of restrictive covenant, so as to provide for accrual periods of rights of action; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for the expansion of a condominium after the declarant's right to expand has expired and provide for procedures for such expansion; to provide for the procedure and right of certain property owners to take control of a condominium association, property owner's association, or entity created pursuant to covenants restricting land to certain uses affecting certain planned subdivisions; to provide for the donation of abandoned dividends or capital credits by rural telephone cooperatives for certain purposes; to provide for definitions; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for regulation of certain matters pertaining to rural telephone cooperatives; to provide for the donation of abandoned dividends or capital credits by rural telephone cooperatives for certain purposes; to provide for definitions; to provide for venue in proceedings against rural telephone cooperatives; to change certain provisions relating to the bylaws of rural telephone cooperatives; to provide for return of revenues upon the death of a member of a rural telephone cooperative; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to limitations of actions relative to breach of restrictive covenant, is amended by revising subsection (c) as follows:
"(c) For the purpose of this Code section, the right of action shall accrue immediately upon the erection of a permanent fixture which results in a violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. When an alleged violation or complaint is based upon a continuous violation of the covenant resulting from an act or omission, the right of action shall accrue each time such act or omission occurs. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity."

SECTION 2. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code Section 44-3-89, relating to expansion of condominiums and amendments to declarations, as follows:
"44-3-89. (a) No condominium shall be expanded except in accordance with the provisions of the declaration and this article. (b) Any expansion shall be deemed to have occurred at the time of the recordation of plats or plans pursuant to subsection (c) of Code Section 44-3-83 and an amendment to the declaration effecting the expansion duly executed by the declarant, all other owners or

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lessees of the additional property being added to the condominium, and all mortgages of the additional property being added to the condominium. The amendment shall contain a legal description by metes and bounds of the additional property being added to the condominium and shall reallocate undivided interests in the common elements, votes in the association, and liabilities for future common expenses all in accordance with the provisions of the declaration. (c) Notwithstanding any other provision of this article, a condominium may be expanded by the association at any time after the declarant's right to expand the condominium has expired, provided that the unit owners of units to which two-thirds of the votes in the association appertain, or such higher amount as may be required by the declaration, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant, consent to an amendment to the governing documents expanding the condominium under the same terms and conditions as set forth in an explicit reservation of an option or options to expand the condominium contained in the condominium instruments as required by subsection (b) of Code Section 44-3-77; and provided, further, that such explicit reservation existed within the first seven years of the recording of the governing documents. The amendment shall contain a legal description by metes and bounds of the additional property being added to the condominium and shall reallocate undivided interests in the common elements, votes in the association, and liabilities for future common expenses all in accordance with the provisions of the declaration. The amendment shall be executed by all owners or lessees of the additional property being added to the condominium and all mortgagees of the additional property being added to the condominium. Additionally, the agreement of the required majority of unit owners to the amendment shall be evidenced by their execution of the amendment. In the alternative, the sworn statement of the president, any vice president, or the secretary of the association attached to or incorporated in an amendment executed by the association, which sworn statement states unequivocally that agreement of the required majority was otherwise lawfully obtained and that any notices required under this article were properly given, shall be sufficient to evidence the required agreement."

SECTION 3. Said title is further amended in Code Section 44-3-101, relating to control of a condominium association by a declarant, surrender of control to unit owners, liability for books and records, and cancellation of leases and contracts, by revising subsection (c) as follows:
"(c)(1) Notwithstanding and prior to the usual expiration of the period of the declarant's right to control the association pursuant to subsection (a) of this Code section and notwithstanding any provision to the contrary in any condominium instruments, the association's articles of incorporation, or the association's bylaws, the right to control also may pass to the unit owners as provided in this subsection if the declarant fails to do any of the following:

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(A) Incorporate or maintain an annual registration pursuant to subsection (a) of Code Section 44-3-100; (B) Cause the board of directors to be duly appointed and the officers to be elected pursuant to subsection (b) of Code Section 44-3-100; (C) Maintain and make available to owners, upon written request, a list of the names and business or home addresses of the association's current directors and officers; (D) Call meetings of the members of the association in accordance with the provisions of the association's bylaws at least annually pursuant to Code Section 44-3-102; (E) Prepare an annual operating budget, establish the annual assessment, and distribute such budget and notice of assessment to the owners in accordance with the condominium instruments no later than 30 days after the beginning of the association's fiscal year; or (F) Pay property taxes on common property of the condominium for two or more years. (2) In the event that the declarant fails to meet one or more of the obligations of this subsection, then any owner, acting individually or jointly with other owners, may send the declarant written notice of the failure to comply with such requirements and provide the declarant a 30 day opportunity to cure the failure; and such notice shall be sent by certified mail or statutory overnight delivery to the declarant's principal office. If the declarant fails to cure any or all deficiencies identified in the notice within 30 days of such notice, then any owner, acting individually or jointly with other owners, shall have standing individually, and not solely through a derivative action, to institute an action in the superior court of the county in which any portion of the condominium is located in order to obtain a declaratory judgment to grant the owner or owners control of the association by ordering an election and setting the terms thereof, or issuing any other orders appropriate to transfer control of the association. The superior court shall have authority to hold a hearing and issue a summary ruling on said action at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. No discovery shall be had unless ordered by the court for good cause. In addition, the superior court shall be authorized to issue a summary ruling on the conveyance of any intended common areas or other property in the common interest community to the association or other appropriate entity. If the owner or owners prevail in such action, then the superior court shall award to the owner or owners all reasonable attorney's fees and costs incurred for the prosecution of such action. This subsection shall not be the basis for any liability against any party or agent of any party outside of the exclusive remedies provided herein."

SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"44-3-232.1.

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(a) Notwithstanding and prior to the usual expiration of the period of the declarant's right to control the association pursuant to any property owners' association instruments, the association's articles of incorporation, or the association's bylaws, the right to control may pass to the property owners as provided in this Code section if the declarant fails to do any of the following:
(1) Incorporate or maintain an annual registration pursuant to subsection (a) of Code Section 44-3-227; (2) Cause the board of directors to be duly appointed and the officers to be elected pursuant to subsection (b) of Code Section 44-3-227; (3) Maintain and make available to owners, upon written request, a list of the names and business or home addresses of the association's current directors and officers; (4) Call meetings of the members of the association in accordance with the provisions of the association's bylaws at least annually pursuant to Code Section 44-3-230; (5) Prepare an annual operating budget, establish the annual assessment, and distribute such budget and notice of assessment to the owners in accordance with the condominium instruments no later than 30 days after the beginning of the association's fiscal year; or (6) Pay property taxes on common property of the association for two or more years. (b) In the event that the declarant fails to meet one or more of the obligations of this Code section, then any owner, acting individually or jointly with other owners, may send the declarant written notice of the failure to comply with such requirements and provide the declarant a 30 day opportunity to cure the failure; and such notice shall be sent by certified mail or statutory overnight delivery to the declarant's principal office. If the declarant fails to cure any or all deficiencies identified in the notice within 30 days of such notice, then any owner, acting individually or jointly with other owners, shall have standing individually, and not solely through a derivative action, to institute an action in the superior court of the county in which any portion of the property owner's association is located in order to obtain a declaratory judgment to grant the owner or owners control of the association by ordering an election and setting the terms thereof, or issuing any other orders appropriate to transfer control of the association. The superior court shall have authority to hold a hearing and issue a summary ruling on said action at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. No discovery shall be had unless ordered by the court for good cause. In addition, the superior court shall be authorized to issue a summary ruling on the conveyance of any intended common areas or other property in the common interest community to the association or other appropriate entity. If the owner or owners prevail in such action, then the superior court shall award to the owner or owners all reasonable attorney's fees and costs incurred for the prosecution of such action. This Code section shall not be the basis for any liability against any party or agent of any party outside of the exclusive remedies provided herein."

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SECTION 5. Said title is further amended in Code Section 44-5-60, relating to covenants running with the land, effect of zoning laws, covenants and scenic easements for use of public, renewal of certain covenants, and costs, by adding a new paragraph to subsection (d) to read as follows:
"(5)(A) Notwithstanding and prior to the usual expiration of the period of covenants restricting land to certain uses affecting planned subdivisions containing no fewer than 15 individual plots as provided for by this subsection, the right to control any entity formed for the purpose of enforcing such covenants may pass to the subdivision plot owners as provided in this paragraph if such entity fails to do any of the following:
(i) Incorporate or maintain an annual registration pursuant to the terms of the covenants; (ii) Cause the board of directors to be duly appointed and the officers to be elected pursuant to the terms of the covenants; (iii) Maintain and make available to owners, upon written request, a list of the names and business or home addresses of the entity's current directors and officers; (iv) Call meetings of the members of the entity in accordance with the provisions of the covenants; (v) Prepare an annual operating budget, establish the annual assessment, and distribute such budget and notice of assessment to plot owners in accordance with the provisions of the covenants no later than 30 days after the beginning of the entity's fiscal year; or (vi) Pay property taxes on common property in the planned subdivision for two or more years. (B) In the event that an entity formed for the purpose of enforcing covenants restricting land to certain uses fails to meet one or more of the obligations of this paragraph, then any plot owner, acting individually or jointly with other plot owners, may send such entity written notice of the failure to comply with such requirements and provide the entity a 30 day opportunity to cure the failure; and such notice shall be sent by certified mail or statutory overnight delivery to the entity's principal office. If the entity fails to cure any or all deficiencies identified in the notice within 30 days of such notice, then any plot owner, acting individually or jointly with other plot owners, shall have standing individually, and not solely through a derivative action, to institute an action in the superior court of the county in which any portion of the entity is located in order to obtain declaratory judgment to grant the plot owner or owners control of the entity by ordering an election and setting the terms thereof, or issuing any other orders appropriate to transfer control of the entity. The superior court shall have authority to hold a hearing and issue a summary ruling on said action at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. No discovery shall be had unless ordered by the court for good cause. In addition, the superior court shall be authorized to issue a summary ruling on the conveyance of any intended common areas or other property in the

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common interest community to the association or other appropriate entity. If the plot owner or owners prevail in such action, then the superior court shall award to the plot owner or owners all reasonable attorney's fees and costs incurred for the prosecution of such action. This paragraph shall not be the basis for any liability against any party or agent of any party outside of the exclusive remedies provided herein."

SECTION 6. Said title is further amended in Chapter 12, relating to rights in personality, by adding a new Code section to read as follows:
"44-12-236.1. (a) As used in the Code section, the term:
(1) 'Area' means any county in which a telephone cooperative provides telephone service and any county adjacent thereto. (2) 'Telephone cooperative' shall have the same meaning as provided for the term 'cooperative' in Code Section 46-5-62. (3) 'Telephone service' shall have the same meaning as provided for in Code Section 46-5-62. (b) All patronage dividends or capital credits held by a telephone cooperative that are presumed abandoned pursuant to this article in a given calendar year may, in lieu of payment of delivery to the commissioner pursuant to this article, be donated to a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code that supports education or economic development in the area if the telephone cooperative has: (1) Maintained for at least six months on the telephone cooperative's website or on a public posting in the telephone cooperative's main office, a list of the names and last known addresses of all owners of property held by the telephone cooperative that have been presumed abandoned, together with instructions on how to claim such property; and (2) Published in the legal organ in the county in which the telephone cooperative's main office is located notice of the last date to claim property that has been presumed abandoned. Such notice shall be published within three to six months prior to the last date to claim the property and shall state that the names of the owners may be found at the telephone cooperative's website or main office."

SECTION 7. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Chapter 5, relating to acquisition and loss of property, by adding a new Code section to read as follows:
"46-5-64.1. (a) Venue in proceedings against a cooperative shall be determined in accordance with the Constitution of Georgia and this Code section.

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(b) Unless otherwise required by the Constitution of Georgia, a cooperative may be sued only in the county of its residence, as described below:
(1) Each cooperative authorized to transact business in this state shall be deemed to reside in the county where its registered office is maintained. If any such cooperative fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained; (2) Each cooperative authorized to transact business in this state shall be deemed to reside and may be sued on contracts in the county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business in that county; or (3) Each cooperative authorized to transact business in this state shall be deemed to reside, and may be sued for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if it has an office and transacts business in that county."

SECTION 8. Said title is further amended by revising Code Section 46-5-78, relating to bylaws of cooperative generally, as follows:
"46-5-78. The board of directors shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion, combined consolidation and conversion, merger, or consolidation. Thereafter, the board of directors shall have the power to alter, amend, or repeal the bylaws, or adopt new bylaws, unless such power is reserved exclusively to the members of the cooperative by this part, the articles of incorporation, or bylaws previously adopted by the members; provided, however, that any bylaws adopted by the board of directors may be altered, amended, or repealed and new bylaws may be adopted by the members. The members may prescribe that any bylaws adopted by them shall not be altered, amended, or repealed by the board of directors. The members may adopt, amend, or repeal the bylaws by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members, directors, and shareholders, if any, and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this part or with its articles of incorporation."

SECTION 9. Said title is further amended by adding a new Code section to read as follows:
"46-5-92.1. (a) Unless the bylaws provide otherwise, upon the death of a member or former member who is a natural person, the board of directors shall have authority, but shall not be

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required, to pay revenues allocated but not previously paid to such member or former member. (b) If the member or former member dies testate, such payments shall be made to the person who is the executor of the estate of the decedent at the time of the payment. (c) If the member or former member dies intestate and the cooperative is provided a copy of letters of administration for the estate of the decedent, such payments shall be made to the administrator of the estate named therein. (d) If the member or former member dies intestate and the cooperative is not provided a copy of letters of administration of the estate of the deceased and such payment is $2,500.00 or less, such payment shall be made to the persons listed below and according to the priority indicated:
(1) To the surviving spouse of the decedent; (2) If no surviving spouse, then to the surviving children of the decedent, pro rata; (3) If no surviving children, then to the surviving mother and father of the decedent, pro rata; or (4) If no surviving parent, then to the surviving brothers and sisters of the decedent, pro rata. (e) If the member or former member dies intestate and the cooperative is not provided a copy of the letters of administration and such payment is greater than $2,500.00, such payment shall be made to the person entitled thereto under the laws of descent and distribution of this state. (f) Payment to the persons listed in subsections (b) through (e) of this Code section shall operate as a complete acquittal and discharge to the cooperative from any action, claim, or demand of whatever nature for the amount so paid by any heir, distributee, or creditor of the decedent or any other person. Payment to such persons is authorized to be made as provided in subsections (d) and (e) of this Code section without the administration of the estate of the decedent and without the necessity of obtaining an order that no administration is necessary."

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2017.

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INSURANCE REQUIRE HEALTH PLANS TO COVER HEARING AIDS FOR CERTAIN PERSONS.

No. 174 (Senate Bill No. 206).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title and findings; to require health plans to provide coverage for hearing aids for certain individuals; to provide for the frequency of replacing hearing aids; to provide for coverage of services and supplies; to provide options for higher priced devices; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows:
"33-24-59.21. (a) This Code section shall be known and may be cited as the 'Hearing Aid Coverage for Children Act.' (b) The General Assembly finds and declares that:
(1) The language development of children with partial or total hearing loss may be impaired due to the hearing loss. Children learn the concept of spoken language through auditory stimuli, and the language skills of children who have hearing loss improve when they are provided with hearing aids and access to visual language upon the discovery of hearing loss; and (2) Providing hearing aids to children with hearing loss will reduce the costs borne by this state, including special education, alternative treatments that would otherwise be necessary if a hearing aid were not provided, and other costs associated with such hearing loss. (c) As used in this Code section, the term: (1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state which provides major medical benefits, including those contracts executed by the State of Georgia on behalf of indigents and on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or any similar entity and any

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self-insured health care plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (2) 'Hearing aid' means any nonexperimental and wearable instrument or device offered to aid or compensate for impaired human hearing that is worn in or on the body. The term 'hearing aid' includes any parts, ear molds, repair parts, and replacement parts of such instrument or device, including, but not limited to, nonimplanted bone anchored hearing aids, nonimplanted bone conduction hearing aids, and frequency modulation systems. Personal sound amplification products shall not qualify as hearing aids. (d) Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after January 1, 2018, shall provide coverage for the billed charges of one hearing aid per hearing impaired ear not to exceed $3,000.00 per hearing aid for covered individuals 18 years of age or under. Such coverage shall provide the replacement for one hearing aid per hearing impaired ear every 48 months for covered individuals. The parent or guardian of such individual is responsible for billed charges in excess of such benefits. This subsection shall not prohibit an entity subject to this Code section from providing coverage that is greater or more favorable to an insured or enrolled individual than the coverage required under this Code section. (e) In the event that a hearing aid or aids cannot adequately meet the needs of the covered individual and the hearing aid or aids cannot be adequately repaired or adjusted, the hearing aid or aids shall be replaced. Coverage for the replacement shall be offered within two months from the date it is determined that the hearing aid or aids cannot be repaired or adjusted. (f) The coverage provided by this Code section shall include the following: (1) Medically necessary services and supplies, including the initial hearing aid evaluation, fitting, dispensing, programming, servicing, repairs, follow-up maintenance, adjustments, ear molds, ear mold impressions, auditory training, and probe microphone measurements to ensure appropriate gain and output, as well as verifying benefit from the system selected according to accepted professional standards. Such services shall be covered on a continuous basis, as needed, during each 48 month coverage period not to exceed $3,000.00 per hearing impaired ear or for the duration of the hearing aid warranty, whichever time period is longer; (2) An option for the covered individual to choose a higher priced hearing aid or aids and to pay the difference between the price of the hearing aid or aids and the benefit amount as referenced in subsection (d) of this Code section, without financial or contractual penalty to the insured or to the provider of the hearing aid; and (3) An option for the covered individual to purchase his or her hearing aid or aids through any licensed audiologist or licensed hearing aid dealer or dispenser in this state. (g) A health benefit policy shall not deny or refuse coverage of, refuse to contract with, or refuse to renew or reissue or otherwise terminate or restrict coverage of a covered individual solely because he or she is or has been previously diagnosed with hearing loss.

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(h) The benefits covered under this Code section shall be subject to the same annual deductible, coinsurance or copayment, or utilization review applicable to other similar covered benefits under the health benefit policy. (i) An insurer, corporation, health maintenance organization, or governmental entity providing coverage for a hearing aid or aids pursuant to this Code section is exempt from providing coverage for children's hearing aids required under this Code section and not covered by the insurer, corporation, health maintenance organization, or governmental entity providing coverage for such treatment pursuant to this Code section as of January 1, 2019, if:
(1) An actuary affiliated with the insurer, corporation, health maintenance organization, or governmental entity who is a member of the American Academy of Actuaries and who meets the American Academy of Actuaries' professional qualification standards for rendering an actuarial opinion related to health insurance rate making certifies in writing to the Commissioner that:
(A) Based on an analysis to be completed no more frequently than one time per year by each insurer, corporation, health maintenance organization, or governmental entity for the most recent experience period of at least one year's duration, the costs associated with coverage of children's hearing aids required under this Code section, and not covered as of January 1, 2019, exceeded 1 percent of the premiums charged over the experience period by the insurer, corporation, or health maintenance organization; and (B) Such costs solely would lead to an insurance in average premiums charged of more than 1 percent for all insurance policies, subscription contracts, or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation, health maintenance organization, or governmental entity employs; and (2) The Commissioner approves the certification of the actuary. (j) Beginning January 1, 2018, to the extent that this Code section requires benefits that exceed the essential health benefits required under Section 1302(b) of the federal Patient Protection and Affordable Care Act, P. L. 111-148, the specific benefits that exceed the required essential health benefits shall not be required of a qualified health plan as defined in such act when the qualified health plan is offered in this state through the exchange. Nothing in this subsection shall nullify the application of this Code section to plans offered outside the state's exchange. (k) This Code section shall not apply to any accident and sickness contract, policy, or benefit plan offered by any employer with ten or fewer employees."

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

Approved May 8, 2017.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS PROFESSIONS AND BUSINESSES RECOGNITION
OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT; NURSE LICENSURE COMPACT.

No. 175 (Senate Bill No. 109).

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 "Recognition of Emergency Medical Services Personnel Licensure Interstate Compact" ("REPLICA"); to provide a short title; to provide for the purpose of the compact; to provide for definitions; to provide for home state licensure; to provide for privilege to practice; to provide for conditions to practice in a remote state; to provide for a relationship with the Emergency Management Assistance Compact; to provide for veterans and service members separating from active duty military; to provide for adverse actions; to provide for additional powers in a member state's authority; to establish the Interstate Commission for EMS Personnel Practice; to provide for a coordinated database; to provide for rulemaking; to provide for oversight, dispute resolution, and enforcement; to provide for contingent effectiveness of the compact; to provide for construction and severability; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to enter into an interstate compact known as the "Nurse Licensure Compact"; to authorize the Georgia Board of Nursing to exercise certain powers with respect to the compact; to provide for a short title; to provide for findings and declarations of purpose of the compact; to provide for definitions; to provide for general provisions and jurisdiction; to provide for applications for licensure in a party state; to provide for additional authorities invested in party state licensing boards; to provide for a coordinated licensure information system and exchange of information between the party states; to provide for the establishment of the Interstate Commission of Nurse Licensure Compact Administrators; to provide for rulemaking; to provide for oversight, dispute resolution, and enforcement; to provide for an effective date, withdrawal, and amendment of the compact; to provide for construction and severability; 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 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new article to read as follows:

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"ARTICLE 4
38-3-70. This article shall be known and may be referred to as the 'Recognition of Emergency Medical Services Personnel Licensure Interstate Compact (REPLICA).'
38-3-71. Section 1. Purpose. In order to protect the public through verification of competency and ensure accountability for patient care related activities all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and paramedics. This Compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This Compact is designed to achieve the following purposes and objectives:
(1) Increase public access to EMS personnel; (2) Enhance the states' ability to protect the public's health and safety, especially patient safety; (3) Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation; (4) Support licensing of military members who are separating from an active duty tour and their spouses; (5) Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action, and significant investigatory information; (6) Promote compliance with the laws governing EMS personnel practice in each member state; and (7) Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.
Section 2. Definitions. In this compact: (A) 'Advanced Emergency Medical Technician (AEMT)' means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. (B) 'Adverse Action' means: any administrative, civil, equitable, or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a

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state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring, or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state EMS authority. (C) 'Alternative program' means: a voluntary, non-disciplinary substance abuse recovery program approved by a state EMS authority. (D) 'Certification' means: the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination. (E) 'Commission' means: the national administrative body of which all states that have enacted the compact are members. (F) 'Emergency Medical Technician (EMT)' means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. (G) 'Home State' means: a member state where an individual is licensed to practice emergency medical services. (H) 'License' means: the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. (I) 'Medical Director' means: a physician licensed in a member state who is accountable for the care delivered by EMS personnel. (J) 'Member State' means: a state that has enacted this compact. (K) 'Paramedic' means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. (L) 'Privilege to Practice' means: an individual's authority to deliver emergency medical services in remote states as authorized under this compact. (M) 'Remote State' means: a member state in which an individual is not licensed. (N) 'Restricted' means: the outcome of an adverse action that limits a license or the privilege to practice. (O) 'Rule' means: a written statement by the interstate Commission promulgated pursuant to Section 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule. (P) 'Scope of Practice' means: defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform. (Q) 'Significant Investigatory Information' means:
(1) Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason

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to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or (2) Investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond. (R) 'State' means: means any state, commonwealth, district, or territory of the United States. (S) 'State EMS Authority' means: the board, office, or other agency with the legislative mandate to license EMS personnel.

Section 3. Home State Licensure. (A) Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact. (B) Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact. (C) A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:
(1) Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels; (2) Has a mechanism in place for receiving and investigating complaints about individuals; (3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual; (4) No later than five years after activation of the Compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with US CFR 731.202 and submit documentation of such as promulgated in the rules of the Commission; and (5) Complies with the rules of the Commission.

Section 4. Compact Privilege to Practice. (A) Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Section 3. (B) To exercise the privilege to practice under the terms and provisions of this compact, an individual must:
(1) Be at least 18 years of age;

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(2) Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and (3) Practice under the supervision of a medical director. (C) An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the Commission. (D) Except as provided in subsection (C) of this section, an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the Commission. (E) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored. (F) If an individual's privilege to practice in any remote state is restricted, suspended, or revoked the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.

Section 5. Conditions of Practice in a Remote State. An individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:
(1) The individual originates a patient transport in a home state and transports the patient to a remote state; (2) The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state; (3) The individual enters a remote state to provide patient care and/or transport within that remote state; (4) The individual enters a remote state to pick up a patient and provide care and transport to a third member state; or (5) Other conditions as determined by rules promulgated by the Commission.

Section 6. Relationship to Emergency Management Assistance Compact. Upon a member state's governor's declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.

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Section 7. Veterans, Service Members Separating from Active Duty Military, and Their Spouses. (A) Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure. (B) Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses. (C) All individuals functioning with a privilege to practice under this Section remain subject to the Adverse Actions provisions of Section 8.

Section 8. Adverse Actions. (A) A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state. (B) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.
(1) All home state adverse action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority. (2) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority. (C) A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission. (D) A remote state may take adverse action on an individual's privilege to practice within that state. (E) Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action. (F) A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action. (G) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must

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require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

Section 9. Additional Powers Invested in a Member State's EMS Authority. A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:
(1) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and (2) Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.

Section 10. Establishment of the Interstate Commission for EMS Personnel Practice. (A) The Compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.
(1) The Commission is a body politic and an instrumentality of the Compact states. (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity. (B) Membership, Voting, and Meetings (1) Each member state shall have and be limited to one (1) delegate. The responsible official of the state EMS authority or his or her designee shall be the delegate to this Compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the Governor of the state will determine which entity will be responsible for assigning the delegate. (2) Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other

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means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. (3) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 12. (5) The Commission may convene in a closed, non-public meeting if the Commission must discuss:
(a) Non-compliance of a member state with its obligations under the Compact; (b) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees, or other matters related to the Commission's internal personnel practices and procedures; (c) Current, threatened, or reasonably anticipated litigation; (d) Negotiation of contracts for the purchase or sale of goods, services, or real estate; (e) Accusing any person of a crime or formally censuring any person; (f) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (g) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (h) Disclosure of investigatory records compiled for law enforcement purposes; (i) Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (j) Matters specifically exempted from disclosure by federal or member state statute. (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. (C) The Commission shall, by a majority vote of the delegates, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to: (1) Establishing the fiscal year of the Commission; (2) Providing reasonable standards and procedures: (a) For the establishment and meetings of other committees; and (b) Governing any general or specific delegation of any authority or function of the Commission;

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(3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed; (4) Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission; (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; (6) Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees; (7) Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations. (8) The Commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any. (9) The Commission shall maintain its financial records in accordance with the bylaws. (10) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws. (D) The Commission shall have the following powers: (1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states; (2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected; (3) To purchase and maintain insurance and bonds; (4) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

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(6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest; (7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety; (8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (9) To establish a budget and make expenditures; (10) To borrow money; (11) To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (12) To provide and receive information from, and to cooperate with, law enforcement agencies; (13) To adopt and use an official seal; and (14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of EMS personnel licensure and practice. (E) Financing of the Commission (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (3) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states. (4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state. (5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

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(F) Qualified Immunity, Defense, and Indemnification (1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. (2) The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

Section 11. Coordinated Database. (A) The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states. (B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the Commission, including:
(1) Identifying information; (2) Licensure data; (3) Significant investigatory information; (4) Adverse actions against an individual's license; (5) An indicator that an individual's privilege to practice is restricted, suspended or revoked;

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(6) Non-confidential information related to alternative program participation; (7) Any denial of application for licensure, and the reason(s) for such denial; and (8) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission. (C) The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state. (D) Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state. (E) Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.

Section 12. Rulemaking. (A) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (B) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any member state. (C) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. (D) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
(1) On the website of the Commission; and (2) On the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules. (E) The Notice of Proposed Rulemaking shall include: (1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (2) The text of the proposed rule or amendment and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. (F) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. (G) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) At least twenty-five (25) persons;

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(2) A governmental subdivision or agency; or (3) An association having at least twenty-five (25) members. (H) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. (1) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing. (2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses. (4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. (I) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. (J) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (K) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. (L) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of Commission or member state funds; (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or (4) Protect public health and safety. (M) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any

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revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

Section 13. Oversight, Dispute Resolution, and Enforcement. (A) Oversight
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Commission. (3) The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules. (B) Default, Technical Assistance, and Termination (1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall:
(a) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and (b) Provide remedial training and specific technical assistance regarding the default. (2) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states. (4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

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(5) The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the Commission and the defaulting state. (6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (C) Dispute Resolution (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states. (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (D) Enforcement (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

Section 14. Date of Implementation of the Interstate Commission for EMS Personnel Practice and Associated Rules, Withdrawal, and Amendment.
(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact. (B) Any state that joins the compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in that state. (C) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

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(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. (D) Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (E) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

Section 15. Construction and Severability This Compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies."

SECTION 2.

Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising Code Section 43-26-5, relating to general powers and responsibilities of the Georgia Board of Nursing, as follows:
"43-26-5. (a) The board shall:
(1) Be responsible for the enforcement of the provisions of this chapter and shall be specifically granted all of the necessary duties, powers, and authority to carry out this responsibility; (2) Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this chapter in the protection of public health, safety, and welfare; (3) Enforce qualifications for licensure under this article or Article 2 or Article 4 of this chapter; (4) Develop and enforce reasonable and uniform standards for nursing education and nursing practice; (5) Periodically evaluate nursing education programs and approve such programs as meet the board's requirements; (6) Deny or withdraw approval from noncompliant nursing education programs; (7) License duly qualified applicants under this article or Article 2 of this chapter by examination, endorsement, or reinstatement; (8) Be authorized to issue temporary permits; (9) Renew licenses of registered professional nurses, licensed undergraduate nurses, and licensed practical nurses in accordance with this article or Article 2 of this chapter;

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(10) Be authorized to set standards for competency of licensees under this article or Article 2 of this chapter continuing in or returning to practice; (11) Set standards for and regulate advanced nursing practice; (12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-34-23 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-25; (13) Implement the disciplinary process; (14) Be authorized to issue orders when a license under this article or Article 2 of this chapter is surrendered to the board while a complaint, investigation, or disciplinary action against such license is pending; (15) Issue a limited license to practice nursing or licensed practical nursing subject to such terms and conditions as the board may impose; (16) Provide consultation and conduct conferences, forums, studies, and research on nursing education and nursing practice; (17) Approve the selection of a qualified person to serve as executive director; (18) Be authorized to appoint standing or ad hoc committees as necessary to inform and make recommendations to the board about issues and concerns and to facilitate communication amongst the board, licensees under this article or Article 2 of this chapter, and the community; (19) Maintain membership in the national organization which develops and regulates the nursing licensing examination and the practical nursing licensing examination; (20) Be authorized to collect data regarding existing nursing and licensed practical nursing resources in Georgia and coordinate planning for nursing education and nursing practice; (21) Determine fees; (22) Adopt a seal which shall be in the care of the executive director and shall be affixed only in such a manner as prescribed by the board; (23) Be authorized to enforce all investigative and disciplinary orders issued by the former Georgia Board of Examiners of Licensed Practical Nurses; (24) Issue and renew multistate licenses pursuant to Article 4 of this chapter; and (25) Take any action with respect to a multistate license issued by this state pursuant to Article 4 of this chapter and with respect to the privilege to practice in this state under a multistate license issued by another party state pursuant to the compact in Code Section 43-26-61 in the same manner as is authorized with respect to a license issued pursuant to this article or Article 2 of this chapter. (b) The board shall be the sole professional licensing board for determining if a registered professional nurse, licensed practical nurse, or any other person has engaged illegally in the practice of nursing. If a registered professional nurse or licensed practical nurse is charged with the unauthorized practice of any other health profession by any other board,

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such board shall notify the Georgia Board of Nursing before conducting any hearing. Nothing contained in this chapter shall be construed to limit any powers of any other board. (c) Chapter 1 of this title is expressly adopted and incorporated by reference into this chapter as if all the provisions of such chapter were included in this chapter."

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

"ARTICLE 4

43-26-60. This article shall be known and may be cited as the 'Nurse Licensure Compact.'

43-26-61. The Nurse Licensure Compact is enacted into law and entered into by the State of Georgia with any and all other states legally joining therein in the form substantially as follows:

ARTICLE I Findings and Declaration of Purpose

(a) The party states find that: (1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws; (2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public; (3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation; (4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex; (5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and (6) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
(b) The general purposes of this Compact are to: (1) Facilitate the states' responsibility to protect the public's health and safety; (2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation; (3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;

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(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction; (5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses; (6) Decrease redundancies in the consideration and issuance of nurse licenses; and (7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.

ARTICLE II Definitions

As used in this Compact: (a) 'Adverse action' means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action. (b) 'Alternative program' means a non-disciplinary monitoring program approved by a licensing board. (c) 'Coordinated licensure information system' means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. (d) 'Current significant investigative information' means:
(1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction, or (2) Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond. (e) 'Encumbrance' means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board. (f) 'Home state' means the party state which is the nurse's primary state of residence. (g) 'Licensing board' means a party state's regulatory body responsible for issuing nurse licenses. (h) 'Multistate license' means a license to practice as a registered professional nurse or a licensed practical nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

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(i) 'Multistate licensure privilege' means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered professional nurse or a licensed practical nurse in a remote state. (j) 'Nurse' means a registered professional nurse or licensed practical nurse, as those terms are defined by each party state's practice laws. (k) 'Party state' means any state that has adopted this Compact. (l) 'Remote state' means a party state, other than the home state. (m) 'Single-state license' means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state. (n) 'State' means a state, territory or possession of the United States and the District of Columbia. (o) 'State practice laws' means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. 'State practice laws' do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

ARTICLE III General Provisions and Jurisdiction

(a) A multistate license to practice as a registered professional nurse or a licensed practical nurse issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered professional nurse or a licensed practical nurse, under a multistate licensure privilege, in each party state. (b) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. (c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
(1) Meets the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws;
(2)(i) Has graduated or is eligible to graduate from a licensing board-approved registered professional nurse or licensed practical nurse prelicensure education program; or (ii) Has graduated from a foreign registered professional nurse or licensed practical nurse prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an

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independent credentials review agency to be comparable to a licensing board-approved prelicensure education program; (3) Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening; (4) Has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized predecessor, as applicable; (5) Is eligible for or holds an active, unencumbered license; (6) Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records; (7) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law; (8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; (9) Is not currently enrolled in an alternative program; (10) Is subject to self-disclosure requirements regarding current participation in an alternative program; and (11) Has a valid United States Social Security number. (d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege to practice such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states. (e) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided. (f) Individuals not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the

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privilege to practice nursing in any other party state. Nothing in this Compact shall affect the requirements established by a party state for the issuance of a single-state license. (g) Any nurse holding a home state multistate license, on the effective date of this Compact, may retain and renew the multistate license issued by the nurse's then-current home state, provided that:
(1) A nurse, who changes primary state of residence after this Compact's effective date, must meet all applicable Article III(c) requirements to obtain a multistate license from a new home state. (2) A nurse who fails to satisfy the multistate licensure requirements in Article III(c) due to a disqualifying event occurring after this Compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators ('Commission').

ARTICLE IV Applications for Licensure in a Party State

(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program. (b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time. (c) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence. (2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state. (d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.

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ARTICLE V Additional Authorities Invested in
Party State Licensing Boards

(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:
(1) Take adverse action against a nurse's multistate licensure privilege to practice within that party state.
(i) Only the home state shall have the power to take adverse action against a nurse's license issued by the home state. (ii) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (2) Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state. (3) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions. (4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. (5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. (6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse. (7) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action. (b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be

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deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order. (c) Nothing in this Compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.

ARTICLE VI Coordinated Licensure Information System
and Exchange of Information

(a) All party states shall participate in a coordinated licensure information system of all registered professional nurses and licensed practical nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts. (b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this Compact. (c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law. (d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards. (e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state. (f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information. (g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system. (h) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum:

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(1) Identifying information; (2) Licensure data; (3) Information related to alternative program participation; and (4) Other information that may facilitate the administration of this Compact, as determined by Commission rules. (i) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.

ARTICLE VII Establishment of the Interstate Commission of
Nurse Licensure Compact Administrators

(a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.
(1) The Commission is an instrumentality of the party states. (2) Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity. (b) Membership, Voting and Meetings (1) Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this Compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the Administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists. (2) Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication. (3) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission. (4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII. (5) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:
(i) Noncompliance of a party state with its obligations under this Compact;

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(ii) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (iii) Current, threatened or reasonably anticipated litigation; (iv) Negotiation of contracts for the purchase or sale of goods, services or real estate; (v) Accusing any person of a crime or formally censuring any person; (vi) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (viii) Disclosure of investigatory records compiled for law enforcement purposes; (ix) Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this Compact; or (x) Matters specifically exempted from disclosure by federal or state statute. (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. (c) The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including but not limited to: (1) Establishing the fiscal year of the Commission; (2) Providing reasonable standards and procedures: (i) For the establishment and meetings of other committees, and (ii) Governing any general or specific delegation of any authority or function of the Commission; (3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;

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(4) Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission; (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; and (6) Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this Compact after the payment or reserving of all of its debts and obligations; (d) The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission. (e) The Commission shall maintain its financial records in accordance with the bylaws. (f) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws. (g) The Commission shall have the following powers: (1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all party states; (2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected; (3) To purchase and maintain insurance and bonds; (4) To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations; (5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources; (6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; (7) To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest; (8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety; (9) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed; (10) To establish a budget and make expenditures;

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(11) To borrow money; (12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons; (13) To provide and receive information from, and to cooperate with, law enforcement agencies; (14) To adopt and use an official seal; and (15) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of nurse licensure and practice. (h) Financing of the Commission (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. (2) The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states. (3) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state. (4) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission. (i) Qualified Immunity, Defense and Indemnification (1) The administrators, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person. (2) The Commission shall defend any administrator, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person

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against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.

ARTICLE VIII Rulemaking

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this Compact. (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. (c) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:
(1) On the website of the Commission; and (2) On the website of each licensing board or the publication in which each state would otherwise publish proposed rules. (d) The notice of proposed rulemaking shall include: (1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon; (2) The text of the proposed rule or amendment, and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. (e) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public. (f) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

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(g) The Commission shall publish the place, time and date of the scheduled public hearing.
(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request. (2) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. (h) If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule. (i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. (j) The Commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (k) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety or welfare; (2) Prevent a loss of Commission or party state funds; or (3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule. (l) The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

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ARTICLE IX Oversight, Dispute Resolution and Enforcement

(a) Oversight (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact's purposes and intent. (2) The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the Commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact or promulgated rules.
(b) Default, Technical Assistance and Termination (1) If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall: (i) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and (ii) Provide remedial training and specific technical assistance regarding the default. (2) If a state in default fails to cure the default, the defaulting state's membership in this Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (3) Termination of membership in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states. (4) A state whose membership in this Compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (5) The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this Compact has been terminated unless agreed upon in writing between the Commission and the defaulting state. (6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(c) Dispute Resolution

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(1) Upon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and non-party states. (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate. (3) In the event the Commission cannot resolve disputes among party states arising under this Compact:
(i) The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute. (ii) The decision of a majority of the arbitrators shall be final and binding. (d) Enforcement (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. (2) By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. (3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

ARTICLE X Effective Date, Withdrawal and Amendment

(a) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this Compact, ('Prior Compact'), shall be deemed to have withdrawn from said Prior Compact within six (6) months after the effective date of this Compact. (b) Each party state to this Compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact. (c) Any party state may withdraw from this Compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

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(d) A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination. (e) Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this Compact. (f) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states. (g) Representatives of non-party states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.

ARTICLE XI Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

43-26-62. The Georgia Board of Nursing shall be authorized to promulgate rules and regulations to implement the provisions of this article.

43-26-63. The executive director of the Georgia Board of Nursing shall serve as the Nurse Licensure Compact administrator for this state.

43-26-64. A registered professional nurse or licensed practical nurse practicing in this state under a multistate license issued by another party state shall be subject to all requirements and duties applicable to registered professional nurses or licensed practical nurses who are licensed pursuant to Article 1 or Article 2 of this chapter, respectively.

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43-26-65. This article shall only be applicable to registered professional nurses and licensed practical nurses whose home states are determined by the Georgia Board of Nursing to have licensure requirements that are substantially equivalent to or more stringent than those of this state."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2017.

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HEALTH EXPAND SERVICE CANCELABLE LOAN PROGRAM FOR DOCTORS IN UNDERSERVED AREAS TO INCLUDE DENTISTS, PHYSICIAN ASSISTANTS, AND ADVANCED PRACTICE REGISTERED NURSES.

No. 176 (House Bill No. 427).

AN ACT

To amend Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, so as to expand the service cancelable loan program for physicians in underserved areas to dentists, physician assistants, and advanced practice registered nurses; 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 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, is amended by revising Code Section 31-34-1, relating to the short title, as follows:
"31-34-1. This chapter shall be known and may be cited as the 'Physicians, Dentists, Physician Assistants, and Advanced Practice Registered Nurses for Rural Areas Assistance Act.'"

SECTION 2. Said chapter is further amended by revising Code Section 31-34-2, relating to the purpose and intent of the chapter, as follows:

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"31-34-2. It is the purpose of this chapter to increase the number of physicians, dentists, physician assistants, and advanced practice registered nurses in underserved rural areas of Georgia by making loans to physicians, dentists, physician assistants, and advanced practice registered nurses who have completed their medical or health care education and allowing such loans to be repaid by such physicians, dentists, physician assistants, and advanced practice registered nurses agreeing to practice medicine or provide health care services in such rural areas and by making grants to hospitals and, as determined by the Georgia Board for Physician Workforce, other health care entities, local governments, and civic organizations in underserved rural areas of Georgia that agree to provide matching funds to the grant, with the intent to enhance recruitment efforts in bringing physicians, dentists, physician assistants, and advanced practice registered nurses to such areas. It is the intent of the General Assembly that if funds are available to the Georgia Board for Physician Workforce to make loans, grants, or scholarships under this chapter or under other applicable state law, the Georgia Board for Physician Workforce shall give priority to loans and scholarships under Part 6 of Article 7 of Chapter 3 of Title 20 and to loans under Code Section 31-34-4."

SECTION 3. Said chapter is further amended by revising Code Section 31-34-4, relating to loan applicant qualifications and rules and regulations, as follows:
"31-34-4. (a) A physician, dentist, physician assistant, or advanced practice registered nurse who receives a loan under the program provided for in this chapter shall be a citizen or national of the United States licensed to practice his or her health care profession within the State of Georgia at the time the loan is made, and shall be a graduate of an accredited graduate medical education program or other applicable accredited health care education program located in the United States which has received accreditation or provisional accreditation by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or such other applicable accreditation for other health care education programs, as determined by the board. (b) The board shall make a full investigation of the qualifications of an applicant for a loan under the provisions of this chapter to determine the applicant's fitness for participation in such loan program, and for such purposes, the board may propound such examinations to applicants as the board deems proper. The board's investigation shall include a determination of the outstanding medical or health care education loans incurred by the applicant while completing his or her medical or health care education and training. (c) The board is authorized to consider among other criteria for granting loans under the provisions of this chapter the state residency status and home area of the applying physician, dentist, physician assistant, or advanced practice registered nurse and to give priority to those applicants who are physicians, dentists, physician assistants, and advanced

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practice registered nurses actively practicing or beginning active practice in specialties experiencing shortages or distribution problems in rural areas of this state as determined by the board pursuant to rules and regulations adopted by it in accordance with this chapter. (d) The board may adopt and prescribe such rules and regulations as it deems necessary or appropriate to administer and carry out the loan program provided for in this chapter. Such rules and regulations shall provide for fixing the rate of regular interest to accrue on loans granted under the provisions of this chapter. Such regular rate of interest shall not exceed by more than 2 percent the prime rate published from time to time by the Board of Governors of the Federal Reserve System. Within such limitation, the regular rate of interest may be increased for new recipients of loans under this chapter."

SECTION 4. Said chapter is further amended by revising Code Section 31-34-4.1, relating to grants to hospitals and other entities, use of funds, and rules and regulations authorized, as follows:
"31-34-4.1. (a) After providing priority consideration to granting loans pursuant to Code Section 31-34-4, the board is authorized to make grants to hospitals and, as determined by the board, other health care entities, local governments, and civic organizations in underserved rural areas of Georgia, provided that any such hospital, health care entity, local government, or civic organization matches such grant in an amount not less than such grant. Such grants shall be for the purpose of enhancing recruitment efforts in bringing physicians, dentists, physician assistants, and advanced practice registered nurses to such areas. (b) Acceptable expenditures of grant funds by a hospital or other health care entity, local government, or civic organization include, but are not limited to, medical or health care education loan repayment, salary supplements for physicians, dentists, physician assistants, and advanced practice registered nurses, and additional support staff for a physician's, dentist's, physician assistant's, or advanced practice registered nurse's office. Grant funds shall not be used for hiring or paying a recruiting firm or individual recruiter. (c) The board is authorized to give priority over other grant applicants to applicant hospitals and other health care entities, local governments, and civic organizations in rural areas of this state experiencing shortages or distribution problems of certain specialties as determined by the board pursuant to rules and regulations adopted by the board in accordance with this chapter. (d) The board may adopt and prescribe such rules and regulations as it deems necessary or appropriate to administer and carry out the grant program provided for in this chapter. Such rules and regulations shall provide for the criteria that must be met by an applicant and the penalties that shall be incurred for failure to comply with the grant requirements."

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SECTION 5. Said chapter is further amended by revising Code Section 31-34-5, relating to service cancelable loans, amounts, repayments, and determination of physician underserved rural areas, as follows:
"31-34-5. (a)(1) The board shall have the authority to grant to each applicant approved by the board on a one-year renewable basis a service cancelable loan for a period not exceeding four years. The amount of the loan shall be determined by the board, but such amount shall be related to the applicant's outstanding obligations incurred as a direct result of completing medical or health care education and training. (2) A loan or loans to each approved applicant shall be granted on the condition that the full amount of the loan or loans shall be repaid to the State of Georgia in services to be rendered by the applicant's practicing his or her profession in a board approved physician, dentist, physician assistant, or advanced practice registered nurse underserved rural area of Georgia. For each full year of practicing his or her profession in such underserved rural area, the physician, dentist, physician assistant, or advanced practice registered nurse who obtained the loan shall receive credit for the full amount of one year's loan plus regular interest which accrued on such amount. (b)(1) The board shall have the authority to make grants to each applicant hospital or other health care entity, local government, or civic organization approved by the board on a yearly basis, renewable each year at the discretion of the board. The amount of the grant shall be determined by the board, but such amount shall be related to and shall not exceed the applicant's proposed expenditures to enhance recruitment efforts in bringing one or more physicians, dentists, physician assistants, or advanced practice registered nurses to the underserved rural area. (2) A grant to an approved applicant shall be made on any condition or conditions determined by the board, which may include, but not be limited to, that one or more physicians, dentists, physician assistants, or advanced practice registered nurses are employed and retained in the underserved rural area for a prescribed minimum length of time.
(c) In making a determination of physician, dentist, physician assistant, or advanced practice registered nurse underserved rural areas of Georgia, the board shall seek the advice and assistance of the Department of Public Health, the University of Georgia Cooperative Extension Service, the Department of Community Affairs, and such other public or private associations or organizations as the board determines to be of assistance in making such determinations. Criteria to determine physician, dentist, physician assistant, or advanced practice registered nurse underserved rural areas shall include, but shall not be limited to, relevant statistical data related to the following:
(1) The ratio of physicians, dentists, physician assistants, or advanced practice registered nurses to population in the area; (2) Indications of the health status of the population in the area;

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(3) The poverty level and dependent age groups of the population in the area; (4) Indications of community support for more physicians, dentists, physician assistants, or advanced practice registered nurses in the area; and (5) Indications that access to the physician's, dentist's, physician assistant's, or advanced practice registered nurse's services is available to every person in the underserved area regardless of ability to pay."

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

Approved May 8, 2017.

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PROFESSIONS AND BUSINESSES AUTHORIZE LICENSED DENTAL HYGIENISTS TO PERFORM CERTAIN FUNCTIONS UNDER GENERAL SUPERVISION.

No. 177 (House Bill No. 154).

AN ACT

To amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to authorize licensed dental hygienists to perform certain functions under general supervision in certain settings; to provide for legislative findings and intent; to provide for definitions; to provide for criteria; to provide for requirements; to collect certain Medicaid data; to provide for statutory construction; 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. (a) The General Assembly finds that:
(1) Statistics show that nearly one-third of older adults have untreated tooth decay and nearly 25 percent of adults ages 65 to 74 have severe gum disease. Statistics also show that a significant percentage of lower income children in Georgia do not have adequate access to dental care, putting them at significant risk of developing tooth decay and other oral health conditions; (2) Professional preventative hygiene services can help prevent such conditions before they begin;

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(3) Preventative care is the most cost-effective care that can be delivered to the public; (4) In 2016, 4,106 Georgians sought emergency dental care at Grady Memorial Hospital at a cost of $1.75 million; and (5) Of Georgia's 159 counties, 118 are considered dental health professional shortage areas, meaning there are not enough licensed dentists in those areas to meet the dental care needs of the public, resulting in individuals seeking emergency care for dental issues. (b) It is the intent of the General Assembly to increase access to preventative dental care for underserved and needy populations. It is further the intent of the General Assembly that the rules and regulations promulgated by the Georgia Board of Dentistry pursuant to this Act effectuate this purpose to the greatest extent allowable.

SECTION 2. Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, is amended by revising Code Section 43-11-74, relating to direct supervision requirements, scope of duties, and exceptions to required supervision for dental screenings, as follows:
"43-11-74. (a) As used in this Code section the term:
(1) 'Direct supervision' means that a licensed dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedure and remains in the dental office or treatment facility while the procedure is being performed by the dental hygienist, and before dismissal of the patient, examines the patient. (2) 'General supervision' means that a licensed dentist has authorized the delegable duties of a licensed dental hygienist but does not require that a licensed dentist be present when such duties are performed. (b) Licensed dental hygienists shall perform their duties only under the direct supervision of a licensed dentist, except as otherwise provided in this Code section. No licensed dental hygienist shall diagnose, prescribe, determine the initial dosage, or increase the initial dosage of nitrous oxide, practice dentistry, or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the surfaces of the teeth, to apply ordinary wash or washes of a soothing character, and to perform those acts, services, procedures, and practices which the board shall prescribe by rule or regulation. (c) After meeting such additional education and training requirements as the board may require by rule or regulation, a licensed dental hygienist may perform such other acts, practices, services, or procedures under the direct supervision of a licensed dentist, which the board may prescribe by rule or regulation subject, however, to the limitations set forth in subsection (b) of this Code section. (d) The requirement of direct supervision shall not apply to the educational training of dental hygiene students at an institution approved by the board and the Commission on

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Dental Accreditation of the American Dental Association, or its successor agency, when such instruction is carried out under such degree of supervision by a licensed dentist as the board may prescribe by rule or regulation. (e) The requirement of direct supervision shall not apply to the performance of dental hygiene duties at approved dental facilities of the Department of Public Health, county boards of health, or the Department of Corrections or the performance of dental hygiene duties by personnel of the Department of Public Health or county boards of health at approved offsite locations.
(f)(1) As used in this subsection, the term 'dental screening' means a visual assessment of the oral cavity without the use of X-rays, laboratory tests, or diagnostic models to determine if it appears that a more thorough clinical examination and diagnosis should be conducted by a licensed dentist. (2) The requirement of direct supervision shall not apply to the performance of licensed dental hygienists providing dental screenings in settings which include: schools; hospitals; clinics; state, county, local, and federal public health programs; federally qualified health centers; volunteer community health settings; senior centers; and family violence shelters, as defined in Code Section 19-13-20. Other health fair settings must be preapproved by the board. (3) Each person who receives a dental screening pursuant to this subsection, or the parent or legal guardian if the person is a minor, must be informed in writing of the purpose and limitations of a dental screening and advised to seek a more thorough clinical examination by a licensed dentist to determine whether or not problems exist that might not be discovered in a dental screening. There shall be no fees charged for providing a dental screening pursuant to this subsection except for dental screenings provided by employees of the Department of Public Health or county boards of health. These fees must be paid directly to that department or county board of health and not to the individual who performs the dental screening. (g)(1) In a private dental office setting, a licensed dental hygienist may perform only the following functions under general supervision:
(A) Application of sealants and oral prophylaxis and assessment; (B) Fluoride treatment; (C) Oral hygiene instruction and education; and (D) Exposure and processing of radiographs if provided for by specific standing orders of the authorizing licensed dentist, including any protocols regarding urgent dental issues that arise. (2) A licensed dentist in a private dental office setting may authorize general supervision of a licensed dental hygienist only upon meeting the following criteria: (A) A new patient of record must be clinically examined by the authorizing licensed dentist during the initial visit; (B) A patient must be examined by the authorizing licensed dentist at a minimum of twelve-month intervals; and

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(C) A patient must be notified in advance of the appointment that he or she will be treated by the licensed dental hygienist under general supervision without the authorizing licensed dentist being present or being examined by the authorizing licensed dentist. (h) In school settings, licensed dental hygienists may apply topical fluoride and perform the application of sealants and oral prophylaxis under general supervision, with written permission of the student's parent or guardian. Such written permission may be obtained by the school in the same manner as other parental permissions are obtained. Licensed dental hygienists may also, without prior written permission of the student's parent or guardian, provide oral hygiene instruction and counseling. Confidentiality of any records related to services provided to a student pursuant to this subsection shall be maintained by the licensed dental hygienist and authorizing licensed dentist in compliance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. School settings shall include only schools that are Title I schools under the federal Elementary and Secondary Education Act, schools in which at least 65 percent of the student population is eligible for free or reduced price lunch under federal guidelines, Head Start programs, and Georgia's Pre-K Program. (i) In hospitals, nursing homes, long-term care facilities, rural health clinics, federally qualified health centers, health facilities operated by federal, state, county, or local governments, hospices, family violence shelters as defined in Code Section 19-13-20, and free health clinics as defined in Code Section 51-1-29.4, licensed dental hygienists may apply topical fluoride and perform the application of sealants and oral prophylaxis under general supervision. (j) A licensed dental hygienist providing dental hygiene services pursuant to subsection (h) or (i) of this Code section shall: (1) Not perform any dental hygiene services on a patient that has dental pain or clearly visible evidence of widespread dental disease. The licensed dental hygienist shall immediately refer such patient to the authorizing licensed dentist for clinical examination and treatment. The licensed dental hygienist shall notate such patient's file and the patient shall not be eligible to receive dental hygiene services pursuant to subsection (h) or (i) of this Code section until a licensed dentist provides written authorization that such services may be performed on the patient; (2) Prior to providing any dental hygiene services, obtain, study, and comprehend the school's or facility's protocols and procedures regarding medical emergencies and implement and comply with such protocols and procedures if a medical emergency arises during the provision of dental hygiene services; and (3) Provide to each patient receiving such services written notice containing: (A) The name and license number of the licensed dental hygienist and the authorizing licensed dentist; (B) Any dental hygiene issues that the licensed dental hygienist identified during the performance of dental hygiene duties. If dental hygiene services are not performed on

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the patient pursuant to paragraph (1) of this subsection, the written notice shall include a statement that the patient is not eligible to receive dental hygiene services until a clinical examination is performed by a licensed dentist and a licensed dentist provides written authorization that services may be performed; and (C) A statement advising each patient who receives dental hygiene services to seek a more thorough clinical examination by a licensed dentist within 90 days, unless the authorizing licensed dentist performed an initial clinical examination of the patient. The licensed dental hygienist shall make all reasonable efforts to provide such written notice to parents or legal guardians of minors or incapacitated adults who receive dental hygiene services and to the long-term care facility or nursing home for residents of such facilities who receive dental hygiene services. (k)(1) Any licensed dental hygienist performing dental hygiene services under general supervision pursuant to this Code section shall have at least two years of experience in the practice of dental hygiene, shall be in compliance with continuing education requirements pursuant to Code Section 43-11-73.1 and cardiopulmonary resuscitation certification requirements contained in Code Section 43-11-73, and shall be licensed in good standing. (2) Licensed dental hygienists practicing under general supervision shall maintain professional liability insurance in accordance with board rules and regulations. (l)(1) No licensed dentist shall be required to authorize a licensed dental hygienist or dental hygienists to perform dental hygiene duties pursuant to subsection (g), (h), or (i) of this Code section. (2) It shall be in the sole discretion of the authorizing licensed dentist as to whether or not to require an initial examination of the patient prior to the performance by a licensed dental hygienist of dental hygiene services under general supervision. (3) A licensed dentist may only authorize up to four licensed dental hygienists to provide dental hygiene services pursuant to subsection (g), (h), or (i) of this Code section at any one time. (4) A licensed dentist authorizing one or more licensed dental hygienists to provide dental hygiene services pursuant to subsection (h) or (i) of this Code section shall practice dentistry and treat patients in a physical and operational dental office located in this state within 50 miles of the setting in which the dental hygiene services are to be provided under general supervision. (m) Dental hygiene services provided by licensed dental hygienists in mobile dental vans shall always be provided under direct supervision. (n) Dental assistants may use rubber cup prophy on a patient with primary dentition under the direct supervision of a licensed dentist in accordance with any guidelines or rules established by the board. Dental assistants shall meet any education, training, or other requirements as established by the board.

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(o)(1) Nothing in this Code section shall be construed to require a school or facility receiving dental hygiene services provided pursuant to subsection (h) or (i) of this Code section to purchase any equipment. (2) Nothing in this Code section shall be construed to establish independent dental hygiene practice. (p) The Department of Community Health shall collect or cause to be collected data regarding changes to utilization rates for dental services provided to recipients of Medicaid and shall make such data readily available to members of the General Assembly upon written request. (q) The Georgia Board of Dentistry shall provide a report to the House Committee on Health and Human Services and the Senate Health and Human Services Committee by January 1 in 2018, 2019, and 2020 on the number of licensed dentists providing dental hygienist services under general supervision in each of the following settings: hospitals; nursing homes; long-term care facilities; rural health clinics; federally qualified health centers; health facilities operated by federal, state, county, or local governments; hospices; family violence shelters as defined in Code Section 19-13-20; and free health clinics as defined in Code Section 51-1-29.4."

SECTION 3. This Act shall become effective on January 1, 2018.

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

Approved May 8, 2017.

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ALCOHOLIC BEVERAGES LIMITED SALE OF DISTILLED AND MALT BEVERAGES TO THE PUBLIC BY MANUFACTURERS.

No. 178 (Senate Bill No. 85).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the limited sale of distilled spirits and malt beverages to the public by manufacturers of such products; to provide for definitions; to provide for the promulgation of rules and regulations by the state revenue commissioner; to provide for certain powers of the state revenue commissioner; to provide for remittance of local excise taxes by distillers

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and brewers; to revise certain cross-references for purposes of conformity; to clarify that sales at retail by brewpubs for consumption off the premises are governed by the local jurisdiction; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating alcoholic beverages, is amended by revising Code Section 3-4-1, relating to definitions relative to distilled spirits, as follows:
"3-4-1. As used in this chapter, the term:
(1) 'Barrel' means 53 gallons. (2) 'Denatured alcohol' or 'denatured distilled spirits' means alcohol, as defined in Code Section 3-1-2, to which denaturants have been added in order to render the alcohol unfit for beverage purposes or internal human medicinal use. As used in this paragraph, the term 'denaturants' means materials authorized for use pursuant to Chapter 1 of Title 27 of the Code of Federal Regulations, as the same may now or hereafter be amended. (3) 'Distiller' means a manufacturer. (4) 'Fruit grower' means any person who grows peaches, apples, pears, grapes, or other perishable fruits in this state and who manufactures distilled spirits from the perishable fruits grown in this state."

SECTION 2. Said title is further amended by revising subsections (e) and (f) of Code Section 3-4-24, relating to issuance to fruit growers of license to manufacture distilled spirits, storage and disposition, limitations upon manufacture and sale, issuance of manufacturer's or distiller's license in certain counties or municipalities, educational and promotional tours, and tasting room limitations for certain licensees, as follows:
"(e) The commissioner may issue a license pursuant to this Code section to a fruit grower licensed as a farm winery authorizing such fruit grower to manufacture distilled spirits and fortified wines for sale exclusively through a licensed and designated wholesaler; provided, however, that the farm winery has no more than one tasting room located on its licensed premises. For purposes of this subsection, the term 'licensed premises' shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the winery."

SECTION 3. Said title is further amended by revising subsection (e) of Code Section 3-4-24.1, relating to distiller's license authorizing manufacture of distilled spirits from agricultural products other than perishable fruits, storage, and educational and promotional tours, as follows:

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See Compiler's Note, Page 411.

SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"3-4-24.2. (a) A limited exception to the provisions of this title providing a three-tier system for the distribution and sale of distilled spirits shall exist to the extent that the license to manufacture distilled spirits in this state shall include the right to sell up to 500 barrels of distilled spirits per year produced at the distiller's licensed premises to individuals who are on such premises for:
(1) Consumption on the premises; and (2) Consumption off the premises, provided that such sales for consumption off the premises shall not exceed a maximum of 2,250 milliliters of distilled spirits per consumer per day. (b) A distiller may sell distilled spirits pursuant to subsection (a) of this Code section on all days and at all times that sales of distilled spirits by retailers and retail consumption dealers are lawful within the county or municipality in which the licensed premises of the distiller is located, including, but not limited to, Sundays. (c) A distiller shall not sell any distilled spirits for consumption off the premises pursuant to subsection (a) of this Code section at a price less than the price at which a person licensed to sell distilled spirits by the package is permitted to sell distilled spirits pursuant to subsection (b) of Code Section 3-4-26. (d) Any distiller engaging in sales of distilled spirits pursuant to subsection (a) of this Code section shall remit all state and local sales, use, and excise taxes to the proper tax collecting authority. (e) The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section. (f) Upon a violation by a distiller of any provision of this Code section or this title or any rule or regulation promulgated thereunder, the commissioner shall have the power to place conditions or limitations on such distiller's license and to modify or amend such conditions or limitations."

SECTION 5. Said title is further amended by revising Code Section 3-4-180, relating to tastings of distilled spirits, definitions, general provisions, probated sales, and administration, as follows:
"3-4-180. Reserved."

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SECTION 6. Said title is further amended by revising subsections (a) and (d) of Code Section 3-4-61, relating to payment of tax and report, as follows:
"(a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be paid by the licensed wholesale dealer in distilled spirits; provided, however, that such taxes shall be imposed upon and shall be paid by the licensed distiller for distilled spirits served or sold by the distiller directly to the public pursuant to Code Section 3-4-24.2." "(d) The licensee shall remit to the commissioner the tax imposed by the state on the tenth day of the month following the calendar month in which the sales were made."

SECTION 7. Said title is further amended by revising Code Section 3-5-1, relating to definitions relative to malt beverages, as follows:
"3-5-1. As used in this chapter, the term:
(1) 'Barrel' means 31 gallons. (2) 'Brewer' means a manufacturer of malt beverages. (3) 'Case' means a box or receptacle containing not more than 288 ounces of malt beverages on the average."

SECTION 8. Said title is further amended by adding a new Code section to read as follows:
"3-5-24.1. (a) A limited exception to the provisions of this title providing a three-tier system for the distribution and sale of malt beverages shall exist to the extent that the license to manufacture malt beverages in this state shall include the right to sell up to 3,000 barrels of malt beverages per year produced at the brewer's licensed premises to individuals who are on such premises for:
(1) Consumption on the premises; and (2) Consumption off the premises, provided that such sales for consumption off the premises shall not exceed a maximum of 288 ounces of malt beverages per consumer per day. (b) A brewer may sell malt beverages pursuant to subsection (a) of this Code section on all days and at all times that sales of malt beverages by retailers are lawful within the county or municipality in which the licensed premises of the brewer is located, including, but not limited to, Sundays. (c) Any brewer engaging in sales of malt beverages pursuant to subsection (a) of this Code section shall remit all state and local sales, use, and excise taxes to the proper tax collecting authority.

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(d) The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section. (e) Upon a violation by a brewer of any provision of this Code section or this title or any rule or regulation promulgated thereunder, the commissioner shall have the power to place conditions or limitations on such brewer's license and to modify or amend such conditions or limitations."

SECTION 9. Said title is further amended by revising paragraph (4) of Code Section 3-5-36, relating to the brewpub exception to three-tier distribution system, as follows:
"(4) A brewpub license holder shall not be prohibited from selling wine or malt beverages by the package for consumption off the premises where so permitted by resolution or ordinance of the county or municipality;"

SECTION 10. Said title is further amended by revising Code Section 3-5-38, relating to permits for free tasting of malt beverages during educational and promotional brewery tours, merchandising, fees for tours, selling of beverages, and administration, as follows:
"3-5-38. Reserved."

SECTION 11. Said title is further amended by revising Code Section 3-5-81, relating to payment of tax by wholesale dealers generally, time of payment, reports by dealers as to quantities of beverages sold, as follows:
"3-5-81. (a) The excise taxes provided for in this part shall be imposed upon and shall be paid by the licensed wholesale dealer in malt beverages; provided, however, that such taxes shall be imposed upon and shall be paid by the licensed brewer for malt beverages served or sold by the brewer directly to the public pursuant to Code Section 3-5-24.1. (b) The taxes shall be paid on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality or county. (c) Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, sold during the month within each municipality or county. The licensee shall file the report with each municipality or county wherein the beverages are sold by the licensee. (d) The licensee shall remit to the municipality or county on the tenth day of the month following the calendar month in which the sales were made the tax imposed by the municipality or county."

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SECTION 12. This Act shall become effective on September 1, 2017.

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

Compiler's Note - Section 3 revised subsection (e) of Code Section 3-4-24.1 by repealing it. The stricken text read as follows:
"(e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours upon the issuance of a permit by the commissioner pursuant to Code Section 3-4-180."

Approved May 8, 2017.

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HEALTH CRITERIA FOR GRANTS TO COUNTY AND MUNICIPAL HOSPITAL AUTHORITIES.

No. 179 (Senate Bill No. 14).

AN ACT

To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to change certain criteria relating to grants to such hospital authorities; 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 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by revising Code Section 31-7-94, relating to grants to hospital authorities, as follows:
"31-7-94. The state is authorized to make grants, as funds are available, to hospital authorities and rural hospital organizations for public health purposes, provided that any funds so granted shall be distributed to and among the various public hospital authorities and rural hospital organizations in the state in proportion to the number of hospital beds operated by each such hospital authority or rural hospital organization at the end of the calendar year preceding the grant. Funds shall be distributed to public hospitals and rural hospital

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organizations operated by consolidated governments in the same manner as to authority hospitals prescribed in this Code section and rural hospital organizations. Grants made by the state pursuant to this Code section shall be administered by the Department of Community Health in accordance with Code Section 31-7-94.1 and such rules, regulations, and procedures as it shall deem necessary for effective administration of such grants."

SECTION 2. Said article is further amended by repealing Code Section 31-7-94.1, relating to the certification of rural hospitals for grant eligibility, and adding a new Code section to read as follows:
"31-7-94.1. (a) This Code section shall be known and may be cited as the 'Rural Hospital Organization Assistance Act of 2017.' (b) The General Assembly finds that hospital authorities and rural hospital organizations are essential in order to promote public health goals of the state. The General Assembly further finds that many rural hospital organizations are in desperate financial straits. In order to preserve the availability of primary health care services provided by such hospitals to residents of rural counties, the General Assembly has determined that a program of state grants is necessary and recommends funds be made available to such hospitals. These grants will be conditioned upon those hospitals continuing to furnish essential health care services to residents in their areas of operation as well as engaging in the long-range planning and any restructuring which may be required for those hospitals to survive by devising cost-effective and efficient health care systems for meeting local health care needs. (c) As used in this Code section, the term:
(1) 'Hospital' means an institution which has a permit as a hospital issued under this chapter. (2) 'Rural county' means a county having a population of less than 50,000 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 this chapter 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;

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(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 this article or is designated as a tax-exempt organization under Section 501 (c)(3) of the Internal Revenue Code; and (G) Is current with all audits and reports required by law. (d) A rural hospital organization may apply for a grant available under subsection (e) of this Code section if it has been certified by the department as: (1) A rural hospital organization; and (2) Has submitted a grant application which includes: (A) A problem statement indicating the problem the rural hospital organization proposes to solve with the grant funds; (B) The goals of the proposed solution; (C) The organizational structure, financial system, and facilities that are essential to the proposed solution; (D) The projected longevity of the proposed solution after the grant funds are expended; (E) Evidence of collaboration with other community health care providers in achieving the proposed solution; (F) Evidence that funds for the proposed solution are not available from another source; (G) Evidence that the grant funds would assist in returning the rural hospital organization to an economically stable condition or that any plan for closure or realignment of services involves development of innovative alternatives for the discontinued services; (H) Evidence of a satisfactory record-keeping system to account for grant fund expenditures within the rural hospital organization and the rural county; (I) A community health survival plan describing how the plan was developed, the goals of the plan, the links with existing health care providers under the plan, the implementation process including quantification of indicators of the hospital's financial well-being, measurable outcome targets, and the current condition of such hospital; and (J) Such additional evidence as the department may require to demonstrate the feasibility of the proposed solution for which grant funds are sought. (e) The department is authorized to make grants to rural hospital organizations certified as meeting the requirements of subsection (d) of this Code section. Grants to rural hospitals owned or operated by hospital authorities or rural hospital organizations may be for any of the following purposes: (1) Infrastructure development, including, without being limited to, health information technology, facility renovation, or equipment acquisition; provided, however, that the

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amount granted to any qualified hospital may not exceed the expenditure thresholds that would constitute a new institutional health service requiring a certificate of need under Chapter 6 of this title and the grant award may be conditioned upon obtaining local matching funds; (2) Strategic planning, including, without being limited to, strategies for personnel retention or recruitment, development of an emergency medical network, or the development of a collaborative and integrated health care delivery system with other health care providers, and the grant award may be conditioned upon obtaining local matching funds for items such as telemedicine, billing systems, and medical records. For the purposes of this paragraph, the maximum grant to any grantee shall be $500,000.00; (3) Nontraditional health care delivery systems, excluding operational funds and purposes for which grants may be made under paragraph (1) or (2) of this subsection. For the purposes of this paragraph, the maximum grant to any grantee shall be $2.5 million; or (4) The provision of 24 hour emergency room services open to the general public. (f) In awarding grants under this Code section, the department may give priority to any otherwise eligible rural hospital organization which meets the definition of a necessary provider as specified in the state's 'Rural Healthcare Plan' of May, 1998. (g) The maximum grant to any hospital authority or rural hospital organization shall be $4 million per calendar year. (h) The department shall be authorized to certify rural hospital organizations as provided in subsection (d) of this Code section and shall adopt regulations to implement its powers and duties under this Code section."

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 8, 2017.

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PROFESSIONS AND BUSINESSES MAINTENANCE OF CERTIFICATION NOT REQUIRED TO PRACTICE MEDICINE OR BE EMPLOYED IN STATE MEDICAL FACILITIES, RECEIVE THIRD-PARTY REIMBURSEMENT, OR OBTAIN MALPRACTICE INSURANCE COVERAGE.

No. 180 (House Bill No. 165).

AN ACT

To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to provide that maintenance of certification shall not be required as a condition of licensure to practice medicine, employment in certain facilities, reimbursement, or malpractice insurance coverage; 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 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, is amended by adding a new Code section to read as follows:
"43-34-46. (a) As used in this Code section, the term:
(1) 'Maintenance of certification' means a continuous professional development program through which physicians certified by one or more of the medical specialty boards of the American Board of Medical Specialties or American Osteopathic Association maintain specialty certification. (2) 'Specialty certification' means certification by a board that specializes in one particular area of medicine and typically has requirements in addition to those the Georgia Composite Medical Board requires to practice medicine. (b) Nothing in this article shall be construed to require a physician to secure a maintenance of certification as a condition of licensure to practice medicine pursuant to this article or as a prerequisite for employment in state medical facilities, reimbursement from third parties, or malpractice insurance coverage."

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

Approved May 8, 2017.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS AUTHORIZE CERTAIN PERSONNEL TO GO UPON PRIVATE PROPERTY FOR CERTAIN PURPOSES DURING DECLARED STATE OF EMERGENCY OR STATE OF DISASTER.
No. 181 (House Bill No. 251).
AN ACT
To amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management organization and administration, so as to authorize certain personnel and individuals to go upon private property for particular purposes upon declaration of a state of emergency or state of disaster; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management organization and administration, is amended by adding a new Code section to read as follows:
"38-3-38. During any state of emergency or state of disaster declared by the Governor pursuant to Code Section 38-3-51, Department of Corrections personnel and individuals in their custody and subject to their direction shall be authorized to enter upon private property following such declaration to the extent necessary for property protection, debris removal, restoration of services, and infrastructure repair and relocation; provided, however, that such personnel and individuals shall avoid interfering with the rights of private property owners and shall vacate such private property upon request of any owner thereof."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 8, 2017.

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CRIMES AND OFFENSES FOOD, DRUGS, AND COSMETICS HIJACKING A MOTOR VEHICLE; POSTING OF HUMAN TRAFFICKING HOTLINE NOTICE; COUNTERFEIT OR FALSE PROOF OF INSURANCE; PROHIBIT USE OF DEVICE TO FILM UNDERNEATH OR THROUGH INDIVIDUAL'S CLOTHING; SALE, MANUFACTURE, DELIVERY, AND POSSESSION OF FENTANYL; EXCEPTIONS FOR CERTAIN WHOLESALE DRUG DISTRIBUTORS.

No. 182 (Senate Bill No. 104).

AN ACT

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to designate the existing crime of hijacking a motor vehicle as being in the first degree and create a new crime of hijacking a motor vehicle in the second degree; to provide for penalties; to change provisions relating to burglary in the second degree involving a vehicle; to amend the Official Code of Georgia Annotated to provide for conforming cross-references; to require the posting of the human trafficking hotline model notice in government buildings; to provide for definitions; to provide for exceptions; to delete the sunset provision; to change provisions relating to punishment for the unlawful manufacture, sale, or distribution of a counterfeit or false proof of insurance document; to prohibit the use of a device to film underneath or through an individual's clothing under certain circumstances; to provide for definitions; to provide for exceptions; to include the sale, manufacture, delivery, or possession of fentanyl and related substances within the prohibition of trafficking certain drugs; to change provisions relating to Schedule I and II controlled substances; to amend Code Section 26-4-115 of the Official Code of Georgia Annotated, relating to wholesale drug distributors, so as to provide for exceptions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsections (b) through (d) of Code Section 16-5-44.1, relating to hijacking a motor vehicle, as follows:
"(b)(1) A person commits the offense of hijacking a motor vehicle in the first degree when such person while in possession of a firearm or weapon obtains a motor vehicle

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from an individual or the presence of another individual by force and violence or intimidation or attempts or conspires to do so. (2) A person commits the offense of hijacking a motor vehicle in the second degree when such person obtains a motor vehicle from an individual without his or her consent or from the immediate presence of another individual without his or her consent or attempts or conspires to do so. (c)(1) A person convicted of the offense of hijacking a motor vehicle in the first degree shall be punished by imprisonment for not less than ten nor more than 20 years and a fine of not less than $10,000.00 nor more than $100,000.00, provided that any person who has previously committed an offense under the laws of the United States or of Georgia or of any of the several states or of any foreign nation recognized by the United States which if committed in Georgia would have constituted the offense of hijacking a motor vehicle shall be punished by imprisonment for life and a fine of not less than $100,000.00 nor more than $500,000.00. The punishment imposed pursuant to this paragraph shall not be deferred, suspended, or probated. For purposes of this paragraph, the term 'state' shall include the District of Columbia and any territory, possession, or dominion of the United States. (2) A person convicted of the offense of hijacking a motor vehicle in the second degree shall be punished upon a first conviction by imprisonment for not less than one nor more than ten years and a fine of not more than $5,000.00. Upon a second conviction for hijacking a motor vehicle in the second degree, a person shall be punished by imprisonment for not less than three nor more than 15 years and a fine of not more than $5,000.00. Upon a third or subsequent conviction of hijacking a motor vehicle in the second degree, a person shall be punished by imprisonment for not less than five nor more than 20 years and a fine of not more than $5,000.00. (d) The offense of hijacking a motor vehicle in the first degree shall be considered a separate offense and shall not merge with any other offense."

SECTION 1-2. Said title is further amended by revising subsection (c) of Code Section 16-7-1, relating to burglary, as follows:
"(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years."

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PART II SECTION 2-1.

The Official Code of Georgia Annotated is amended by replacing "hijacking a motor vehicle" with "hijacking a motor vehicle in the first degree" in the following:
(1) Subparagraph (a)(12)(G) of Code Section 15-11-2, relating to definitions for the Juvenile Code; (2) Subparagraph (b)(1)(L) of Code Section 15-11-505, relating to use of detention assessments to determine if detention is warranted and "serious delinquent act" defined; (3) Paragraph (6) of subsection (a) of Code Section 17-6-1, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds; and (4) Subparagraph (a)(2)(C) of Code Section 17-6-12, relating to the discretion of the court to release person charged with a crime on person's own recognizance only.

PART III SECTION 3-1.

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

SECTION 3-2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising division (a)(11)(A)(vi) of Code Section 17-7-130, relating to proceedings upon plea of mental incompetence to stand trial, as follows:
"(vi) Hijacking a motor vehicle in the first degree or hijacking an aircraft;"

SECTION 3-3. Said title is further amended by revising paragraph (6) of subsection (a) of Code Section 17-10-9.1, relating to voluntary surrender to county jail or correctional institution, as follows:
"(6) Aircraft hijacking and hijacking a motor vehicle in the first degree;"

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PART IV SECTION 4-1.

Said title is further amended by repealing subsection (e), adding a new subsection, and revising subsections (a), (b), and (d) of Code Section 16-5-47, relating to posting model notice with human trafficking hotline information in businesses and on Internet and termination, as follows:
"(a) As used in this Code section, the term: (1) 'Adult entertainment establishment' means any place of business or commercial establishment wherein: (A) The entertainment or activity therein consists of nude or substantially nude persons dancing with or without music or engaged in movements of a sexual nature or movements simulating sexual intercourse, oral copulation, sodomy, or masturbation; (B) The patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments; or (C) The patron directly or indirectly is charged a fee to engage in personal contact by employees, devices, or equipment, or by personnel provided by the establishment. Such term shall include, but shall not be limited to, bathhouses, lingerie modeling studios, and related or similar activities. Such term shall not include businesses or commercial establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment. (2) 'Agricultural products' means raising, growing, harvesting, or storing crops; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, Christmas trees, fowl, equine, or animals; or producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products. (3) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (4) 'Day hauler' means any person who is employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person; provided, however, that such term shall not include a person who produces agricultural products. (5) 'Farm labor contractor' means any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on

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behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to such persons; provided, however, that such term shall not include a person who produces agricultural products. (5.1) 'Government building with public access' means a building or portion of a building owned or leased by a government entity. (5.2) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the executive, legislative, or judicial branch of the state government and any county, municipal corporation, or consolidated government within this state. (6) 'Hotel' means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire. (7) 'Massage therapist' means a person licensed pursuant to Chapter 24A of Title 43. (8) 'Primary airport' shall have the same meaning as set forth in 49 U.S.C. Section 47102(16). (9) 'Substantially nude' means dressed in a manner so as to display any portion of the female breast below the top of the areola or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (10) 'Truck stop' means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking. (b) Effective September 15, 2013, the following businesses and other establishments shall post the notice described in subsection (c) of this Code section, or a substantially similar notice, in English, Spanish, and any other language deemed appropriate by the director of the Georgia Bureau of Investigation, in each public restroom for the business or establishment and either in a conspicuous place near the public entrance of the business or establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted: (1) Adult entertainment establishments; (2) Bars; (3) Primary airports; (4) Passenger rail or light rail stations; (5) Bus stations; (6) Truck stops; (7) Emergency rooms within general acute care hospitals; (8) Urgent care centers; (9) Farm labor contractors and day haulers; (10) Privately operated job recruitment centers; (11) Safety rest areas located along interstate highways in this state; (12) Hotels;

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(13) Businesses and establishments that offer massage or bodywork services by a person who is not a massage therapist; and (14) Government buildings; provided, however, that in the case of leased property, this paragraph shall only apply to public restrooms that are a part of such lease for exclusive use by the government entity." "(c.1) Every government entity shall, on the homepage of its website, provide an identified hyperlink to the model notice that is on the Georgia Bureau of Investigation website as provided for in subsection (c) of this Code section. (d)(1) A law enforcement officer shall notify, in writing, any business or establishment that has failed to comply with this Code section that it has failed to comply with the requirements of this Code section and if it does not correct the violation within 30 days from the date of receipt of the notice, the owner of such business or establishment shall be charged with a violation of this Code section and upon conviction shall be guilty of the misdemeanor offense of failure to post the National Human Trafficking Resource Center hotline number and may be punished by a fine of not more than $500.00; but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against an owner for conviction thereof. Upon a second or subsequent conviction, the owner shall be guilty of a high and aggravated misdemeanor and shall be punished by a fine not to exceed $5,000.00. The notice required by this subsection may be hand delivered to the noncomplying business or establishment or mailed to it at the address of such business or establishment. (2) This subsection shall not apply to government entities."

PART V SECTION 5-1.

Said title is further amended by revising Code Section 16-9-5, relating to counterfeit or false proof of insurance document, as follows:
"16-9-5. (a) As used in this Code section, the term 'proof of insurance document' means any document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 40-6-10.
(b)(1) It shall be unlawful for any person knowingly to manufacture, sell, or distribute a counterfeit or false proof of insurance document. (2) It shall be unlawful for any person to possess a counterfeit or false proof of insurance document that he or she knows to be a counterfeit or false proof of insurance document.

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(3) A proof of insurance document shall be deemed counterfeit or false if the proof of insurance document has been altered, modified, or originally issued in any manner which contains false information concerning the insurer, the owner, the motor vehicle, or the insurance thereon. (c)(1) Any person who violates paragraph (1) of subsection (b) of this Code section shall be guilty of a felony and upon conviction shall be punished by a fine of not more than $10,000.00 or by imprisonment for not less than two nor more than ten years, or both. (2) Any person who violates paragraph (2) of subsection (b) of this Code section shall upon conviction be guilty of and be punished as for a misdemeanor."

PART VA SECTION 5A-1.

Said title is further amended by adding a new Code section to read as follows: "16-11-91. (a) As used in this Code section, the term: (1) 'Device' means an instrument or apparatus used for observing, photographing, videotaping, recording, or transmitting visual images, including but not limited to a camera, photographic equipment, video equipment, mobile phone, or other similar equipment. (2) 'Intimate parts' shall have the same meaning as set forth in Code Section 16-6-22.1. (b)(1) Notwithstanding Code Section 16-11-90, it shall be unlawful for any person to, knowingly and without the consent of the individual observed, use or install a device for the purpose of surreptitiously observing, photographing, videotaping, filming, or video recording such individual underneath or through such individual's clothing, for the purpose of viewing the intimate parts of the body of or the undergarments worn by such individual, under circumstances in which such individual has a reasonable expectation of privacy, regardless of whether it occurs in a public place. (2) It shall be unlawful to disseminate any image or recording with knowledge that it was taken or obtained in violation of paragraph (1) of this subsection. (c) Any person convicted of violating this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one year nor more than five years, a fine of not more than $10,000.00, or both, or in the discretion of the court, as for a misdemeanor. (d) Subsection (b) of this Code section shall not apply to: (1) The lawful activities of law enforcement and prosecution agencies; or (2) A business's or entity's surveillance device used in the ordinary course of its business, provided that signage conspicuously warns of such surveillance and the use of such device is primarily designed to detect unlawful activity.

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(e) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title."

PART VI SECTION 6-1.

Said title is further amended by revising subparagraph (c)(3)(B) of Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana, as follows:
"(B) This paragraph shall not apply to morphine, heroin, opium, or any substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25, or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances."

SECTION 6-2. Said title is further amended by revising the introductory language to paragraph (1) of subsection (a), paragraph (2) of subsection (a), subsection (b), and the introductory language to subsections (c), (d), (e), and (f) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine, as follows:
"(a)(1) Except as authorized by this article, any person who sells, manufactures, delivers, or brings into this state or who is in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:" "(2) Except as authorized by this article, any person who sells, manufactures, delivers, or brings into this state or who is in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection, depending upon the quantity of cocaine such person is charged with selling, manufacturing, delivering, or bringing into this state or possessing. (b) Except as authorized by this article, any person who sells, manufactures, delivers, brings into this state, or has possession of four grams or more of any morphine, opium, or substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25, or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture

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containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Except as authorized by this article, any person who sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding ten pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows:" "(d) Except as authorized by this article, any person who sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows:" "(e) Except as authorized by this article, any person who sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows:" "(f) Except as authorized by this article, any person who manufactures methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows:"

PART VII SECTION 7-1.

Said title is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by adding two new subparagraphs to paragraph (1) to read as follows:
"(RR) 3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide (AH-7921); (SS) 3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide (U-47700);"

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SECTION 7-2. Said title is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by replacing the period with a semicolon at the end of subparagraph (V) of paragraph (12) and by adding three new paragraphs to read as follows:
"(13) The fentanyl analog structural class, including any of the following derivatives, their salts, isomers, or salts of isomers, 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 is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from fentanyl, and whether or not further modified in any of the following ways:
(A) Substitution anywhere on the phenethyl group with: (i) Alkyl group; (ii) Hydroxyl group; (iii) Halide group;
(B) Replacement of the phenethyl group with: (i) Thienyl ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (ii) Oxotetrazol ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (iii) Alkyl group; (iv) Thienyl methyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (v) Benzyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (vi) Furanyl ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (vii) Phenyl alkyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group;

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(III) Halide group; (viii) Pyridinyl ethyl group, which can be further substituted with:
(I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (ix) Diazole ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (IV) Nitro group; (x) Thiazole ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (xi) Benzoxazolinone ethyl group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (C) Substitution anywhere on the piperidine ring with: (i) Alkyl group; (ii) Allyl group; (iii) Phenyl group; (iv) Ester group; (v) Ether group; (vi) Pyridine group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (vii) Thiazole group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (viii) Oxadiazole group, which can be further substituted with: (I) Alkyl group; (II) Hydroxyl group; (III) Halide group; (IV) Ether group; (D) Substitution anywhere on the propanamide group with: (i) Cyclic alkyl group; (ii) Acyclic alkyl group: (iii) Methoxy group;

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(E) Replacement of the propanamide group with: (i) Acryloyl amino group; (ii) Acetamide group, which itself can be further substituted with a cyclic alkyl group; (iii) Methoxy acetamide group; (iv) Furanyl amide group;
(F) Substitution anywhere on the phenyl ring with: (i) Halide group; (ii) Methoxy group; (iii) Alkyl group;
(G) Replacement of the phenyl ring with the pyrazine ring; (14) The piperidinyl-sulfonamide structural class, including 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 piperidinyl-sulfonamide, and whether or not further modified in any of the following ways:
(A) By substitution at the 1-position of the piperidinyl ring with any of the following: (i) Alkyl group; (ii) Phenyl alkyl group; (iii) Amino substituted phenyl alkyl group; (iv) Nitro substituted phenyl alkyl group; (v) Cycloalkyl group; (vi) Alkenyl substituent group;
(B) By substitution at the 3-position or 4-position of the piperidinyl ring with any of the following:
(i) Halide group; (ii) Alkyl group; (iii) Alkoxy substituent; (C) By substitution on the sulfonamide with any of the following: (i) Pyridyl group; (ii) Alkyl group; (iii) Phenyl group; (iv) Phenyl alkyl group; (v) Alkoxy substituted phenyl group; (vi) Halogen substituted phenyl group; (vii) Nitro substituted phenyl group;

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(viii) Amino substituted phenyl group; (ix) Alkanoylamino substituted phenyl group; (x) Amido substituted phenyl group; (15) The 1-cyclohexyl-4-(1,2-diphenylethy)-piperazine (MT-45) structural class, including any of the following derivatives, their salts, isomers, or salts of isomers, 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 is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from 1-cyclohexyl-4-(1,2-diphenylethy)-piperazine (MT-45), and whether or not further modified in any of the following ways: (A) Replacement of the cyclohexyl group with any of the following: (i) Cycloheptyl group; (ii) Cyclooctyl group; (B) Substitution on the diphenyl groups with any of the following: (i) Hydroxyl group; (ii) Halide; (iii) Alkoxy group; (iv) Alkyl group; (v) Ester group; (vi) Phenyl ether group."

SECTION 7-3. Said title is further amended in Code Section 16-13-26, relating to Schedule II controlled substances, by adding new subparagraphs to paragraph (2) to read as follows:
"(C.5) Carfentanil;" "(V.2) Thiafentanil;"

SECTION 7-4. Said title is further amended in Code Section 16-13-26, relating to Schedule II controlled substances, by revising subparagraph (E) of paragraph (3) as follows:
"(E) Reserved;"

PART VIII SECTION 8-1.

Code Section 26-4-115 of the Official Code of Georgia Annotated, relating to wholesale drug distributors, is amended by adding a new subsection to read as follows:
"(g) Transfers of drugs from a licensed hospital pharmacy to an entity that is affiliated with or owned by the hospital shall not be deemed wholesale distributors of drugs."

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PART IX SECTION 9-1.

This part and Parts VI through VIII of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and the remaining parts shall become effective on July 1, 2017.

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

Approved May 8, 2017.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS DEPARTMENT OF VETERANS SERVICE; WOMEN VETERANS' OFFICE.

No. 183 (Senate Bill No. 108).

AN ACT

To amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to require maintenance of a women veterans' office by the commissioner of veterans service; to provide for the purposes of such women veterans' office; to require interaction with veterans court divisions to assist with recruiting and training mentors; to require an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, is amended by adding a new Code section to read as follows:
"38-4-13. The commissioner of veterans service shall, in addition to the other duties provided in this chapter, maintain a women veterans' office. Such office shall conduct outreach to women veterans for the purpose of improving awareness of eligibility for federal and state veterans' benefits and services, conduct assessments of the specific needs of women veterans with

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respect to benefits and services, and review programs, research projects, and other initiatives designed to address or meet the specific needs of women veterans in this state. The women veterans' office shall work with veterans court divisions as provided for in Code Section 15-1-17 to assist with recruiting and training women veterans to serve as mentors for veterans participating in these court divisions. In the annual report provided for under Code Section 38-4-11, the commissioner of veterans service shall specifically report on the office provided for under this Code section."

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

Approved May 8, 2017.

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EDUCATION ALLOW MILITARY SPOUSES TO QUALIFY FOR TEMPORARY CERTIFICATES, CERTIFICATES BY ENDORSEMENT, AND EXPEDITED CERTIFICATES.

No. 184 (House Bill No. 245).

AN ACT

To amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certificated professional personnel, so as to provide for the establishment of a process by the Professional Standards Commission by which military spouses may qualify for temporary certificates, certificates by endorsement, or expedited certificates upon moving to Georgia with their service member or transitioning service member spouse; 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. Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certificated professional personnel, is amended by adding a new Code section to read as follows:
"20-2-200.2. (a) As used in this Code section, the term:

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(1) 'Certificate' means a credential issued by the Professional Standards Commission certifying the qualifications and classification of an individual and to authorize such individual for employment in the public schools of this state. (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) 'Service member' means an active or reserve member of the armed forces, including the National Guard. (b) No later than July 1, 2018, the Professional Standards Commission shall adopt and implement a process by which military spouses may qualify for temporary certificates, certificates by endorsement, or expedited certificates upon moving to Georgia with their service member or transitioning service member spouse."

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

Approved May 8, 2017.

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STATE GOVERNMENT DEPARTMENT OF ECONOMIC DEVELOPMENT; GRANT PROGRAM TO SUPPORT COUNTIES AND MUNICIPALITIES THAT ARE MILITARY COMMUNITIES.

No. 185 (House Bill No. 470).

AN ACT

To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create a grant program to support counties and municipalities that are military communities; 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 Georgia's military installations represent the single largest economic development investment in the state. These installations provide thousands of jobs, both directly and indirectly, to several Georgia host communities. Further, the General Assembly finds that it is in the best interest of these communities and this state to protect and

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invest in these facilities. In addition, the General Assembly finds that investment into these communities to further the relationship between the military communities and the military installations, as well as any purpose that further integrates such communities and installations, shall be considered a public benefit to this state.

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 10

50-7-120. As used in this article, the term:
(1) 'Department' means the Department of Economic Development. (2) 'Federal review' means any review of a military installation by a federal entity for the purpose of determining the viability of such military installation, including, but not limited to, any review directly or indirectly related to the Defense Base Closure and Realignment Commission. (3) 'Governor's Defense Initiative' means a program operated by the department tasked with the mission of reviewing the economic development opportunities at and around military installations and military communities. (4) 'Grant goal' means any project, event, or activity that promotes a military installation, including, but not limited to:
(A) The promotion of recruitment, expansion, or retention of jobs at such military installation or within the military community in which it is located; or (B) Preparation for any federal review. (5) 'Military community' means a municipality or county that has within its jurisdiction a military installation or any other municipality or county that after reasonable review the department determines is economically impacted to a similar degree by the presence of a nearby military installation. (6) 'Military installation' means a facility owned and operated by United States Army, Air Force, Navy, Marines, or Coast Guard that shelters military equipment and personnel and facilitates training and operations for such organizations. (7) 'Public official' shall have the same meaning as in Code Section 50-36-2 or 2 U.S.C. Section 1602. (8) 'Registered lobbyist' means a lobbyist as defined by Code Section 21-5-70 or 2 U.S.C. Section 1602.

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50-7-121. (a) Subject to appropriations by the General Assembly, the department shall administer a grant program to be called the Defense Community Economic Development Fund for the purposes of providing assistance to military communities with grant goals. (b) The amount of any grant awarded pursuant to this Code section shall be determined by the department on a case-by-case review of applications consistent with criteria to be prescribed by the department which shall include, but not be limited to, a consideration of the grant goal being proposed and the extent to which it:
(1) Furthers the relationship between the military community and military installation; (2) Furthers the military installation's economic development investment into the military community; or (3) Assists in efforts to defend the viability of a military installation from a federal review. (c) Each military community shall match funds awarded pursuant to this article. The department shall prescribe conditions for releasing funds based upon a military community matching such funds. (d) The department shall be authorized to charge such fees as are reasonable and necessary to offset costs associated with processing applications submitted pursuant to this article.

50-7-122. A military community may submit an application to the department for a grant to assist in the pursuance of a grant goal. Such application shall be consistent with the requirements established and on a form to be prescribed by the department; provided that such application shall clearly communicate how such grant goal contributes to the economic viability of a military installation in a military community.

50-7-123. Grant funds awarded pursuant to this article shall not be utilized to contract with, compensate, or reimburse a registered lobbyist. Such funds may be utilized to reimburse or make payment for actual and reasonable expenses of a public official acting in such public official's official capacity for his or her transportation, lodging, travel, food, beverages, or registration fees which are directly related to an approved grant goal.

50-7-124. The department shall submit any pending grant award to the Governor's Defense Initiative for final review; provided, however, that the requirements of this Code section shall not be applicable if the Governor's Defense Initiative ceases to exist.

50-7-125. The department shall promulgate rules and regulations necessary to implement the purposes of this article."

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

Approved May 8, 2017.

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COMMERCE AND TRADE CRIMES AND OFFENSES UNIFORM POWER OF ATTORNEY ACT.

No. 186 (House Bill No. 221).

AN ACT

To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Uniform Power of Attorney Act"; to repeal provisions relating to a financial power of attorney; to provide for a short title and definitions; to provide for applicability, validity, meaning, effect, and termination of a power of attorney; to provide for an agent, coagent, and successor agent, their duties, responsibilities, liability, authority, and compensation; to provide for general and specific authority that a principal may give an agent in a power of attorney; to provide for forms; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by repealing Article 7 of Chapter 6, relating to financial power of attorney, and designating it as reserved.

PART II SECTION 2-1.

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

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"CHAPTER 6B ARTICLE 1

10-6B-1. This chapter shall be known and may be cited as the 'Uniform Power of Attorney Act.'

10-6B-2. As used in this chapter, the term:
(1) 'Agent' means a person granted authority to act in the place of an individual, whether denominated by such term, attorney-in-fact, or otherwise. Such term shall include a coagent, successor agent, and a person to which authority is delegated. (2) 'Durable' means not terminated by the principal's incapacity. (3) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (4) 'Good faith' means honesty in fact. (5) 'Incapacity' means inability of an individual to manage property or business affairs because the individual:
(A) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or (B) Is:
(i) Missing; (ii) Detained, including incarcerated in a penal system; or (iii) Outside the United States and unable to return. (6) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (7) 'Power of attorney' means a writing or other record that grants authority to a person to act in the place of an individual, whether or not such term is used. (8) 'Presently exercisable general power of appointment,' with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. Such term shall include a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. Such term shall not include a power exercisable in a fiduciary capacity or only by will. (9) 'Principal' means an individual who grants authority to a person to act in the place of such individual.

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(10) 'Property' means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. (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. (12) 'Sign' means, with present intent to authenticate or adopt a record, to execute or adopt a tangible symbol. (13) '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. (14) 'Stocks and bonds' means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. Such term shall not include commodity futures contracts and call or put options on stocks or stock indexes.

10-6B-3. (a) This chapter shall apply to all powers of attorney except:
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) A power to make health care decisions; (3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (5) Transaction specific powers of attorney, including, but not limited to, powers of attorney under Chapter 6 of this title; and (6) Powers of attorney provided for under Titles 19 and 33. (b) A power of attorney shall not authorize an agent to create a will.

10-6B-4. A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal.

10-6B-5. (a) A power of attorney shall be:
(1) Signed by the principal or by another individual in such principal's presence at the principal's express direction; (2) Attested in the presence of the principal by one or more competent witnesses; and (3) Attested in the presence of the principal before a notary public or other individual authorized by law to administer oaths who is not a witness for purposes of paragraph (2) of this Code section.

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(b) All signatures and attestations required by subsection (a) of this Code section shall be performed and conducted in the presence of all parties provided for in subsection (a) of this Code section.

10-6B-6. (a) A power of attorney executed in this state on or after July 1, 2017, shall be valid if its execution complies with Code Section 10-6B-5. (b) This chapter shall not affect a power of attorney executed prior to July 1, 2017, to which the former provisions of Article 7 of Chapter 6 of this title, as such existed on June 30, 2017, shall continue to apply. (c) A power of attorney executed other than in this state shall be valid in this state if, when the power of attorney was executed, the execution complied with:
(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Code Section 10-6B-7; or (2) The requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, in effect on February 1, 2017. (d) Except as otherwise provided by law other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original; provided, however, that when recording a power of attorney in connection with a conveyance involving real property, an original power of attorney shall be used.

10-6B-7. The meaning and effect of a power of attorney shall be determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.

10-6B-8. (a) In a power of attorney, a principal may nominate a conservator of the principal's estate for consideration by the court if protective proceedings for the principal's estate are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. (b) Unless expressly provided otherwise by the power of attorney or ordered otherwise by the court appointing the conservator, if, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, then the appointment of a conservator or other fiduciary shall terminate all or part of the power of attorney that relates to the matters within the scope of the conservatorship or management by another fiduciary. If such power of attorney does not wholly terminate, the agent shall be accountable to the conservator or other fiduciary as well as to the principal.

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(c) If the court orders the power of attorney shall not terminate, the court may impose upon the power of attorney or agent such terms and conditions as it determines are in the best interest of the principal.

10-6B-9. (a) A power of attorney shall be effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. (c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney shall become effective upon a certification in a writing or other record by:
(1) A physician or licensed psychologist determining that the principal has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or (2) An attorney at law, a judge, or an appropriate governmental official determining that the principal is missing, detained, including incarcerated in a penal system, or is outside the United States and unable to return. (d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, in effect on February 1, 2017, and applicable regulations in effect on February 1, 2017, to obtain access to the principal's health care information and communicate with the principal's health care provider.

10-6B-10. (a) A power of attorney shall terminate when:
(1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney specifically provides that it is not durable; (3) The principal revokes the power of attorney, provided that the principal provides the agent with notice of such revocation by certified mail and provided that such notice is filed with the clerk of superior court in the county of domicile of the principal; (4) The agent resigns, becomes incapacitated, or dies; (5) The power of attorney provides that it terminates; (6) The purpose of the power of attorney is accomplished; or (7) One of the events specified in paragraph (3) or (4) of this subsection occurs and the power of attorney does not provide for another agent to act under the power of attorney.

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(b) An agent's authority shall terminate when: (1) The agent resigns, becomes incapacitated, or dies; (2) The principal revokes the agent's authority, provided that the principal provides the agent with notice of such revocation by certified mail and provided that such notice is filed with the clerk of superior court in the county of domicile of the principal; (3) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (4) The power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this Code section, notwithstanding a lapse of time since the execution of the power of attorney. (d) Termination of an agent's authority or of a power of attorney shall not be effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, shall bind the principal and the principal's successors in interest. (e) Incapacity of the principal of a power of attorney that is not durable shall not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, shall bind the principal and the principal's successors in interest. (f) The execution of a power of attorney shall not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney shall be revoked or that all other powers of attorney are revoked.

10-6B-11. (a) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, coagents shall exercise their authority independently.
(b)(1) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is no longer qualified to serve, has declined to serve, or dies. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent shall:
(A) Have the same authority as that granted to the original agent; and (B) Not act until all predecessor agents have resigned, become incapacitated, are no longer qualified to serve, have declined to serve, or died. (2) Once a predecessor agent resigns, becomes incapacitated, is no longer qualified to serve, or has declined to serve, he or she shall be permanently barred from serving as an agent under the then existing power of attorney. (c) Except as otherwise provided in the power of attorney and subsection (d) of this Code section, an agent that does not participate in or conceal a breach of fiduciary duty

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committed by another agent, including a predecessor agent, shall not be liable for the actions of the other agent. (d) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection shall be liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.

10-6B-12. Unless the power of attorney otherwise provides, an agent shall not be entitled to compensation for services rendered. An agent shall be entitled to reasonable reimbursement of expenses incurred in performing the acts required by the principal under the power of attorney.

10-6B-13. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

10-6B-14. (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall act:
(1) In accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) In good faith; and (3) Only within the scope of authority granted in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (1) Act loyally for the principal's benefit; (2) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (3) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and

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(6) Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving such plan is consistent with the principal's best interest based on all relevant factors, including:
(A) The value and nature of the principal's property; (B) The principal's foreseeable obligations and need for maintenance; (C) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and (D) Eligibility for a benefit, a program, or assistance under a law or regulation. (c) An agent that acts in good faith shall not be liable to any beneficiary of the principal's estate plan for failure to preserve such plan. (d) An agent that acts with care, competence, and diligence for the best interest of the principal shall not be liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal. (e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise shall be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances. (f) Absent a breach of duty to the principal, an agent shall not be liable if the value of the principal's property declines. (g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal shall not be liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person. (h) Except as otherwise provided in the power of attorney, an agent shall not be required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.

10-6B-15. A provision in a power of attorney relieving an agent of liability for breach of duty shall be binding on the principal and the principal's successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed in bad faith, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or (2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

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10-6B-16. (a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(1) The principal or the agent; (2) A guardian, conservator, or other fiduciary acting for the principal; (3) A person authorized to make health care decisions for the principal; (4) The principal's spouse, parent, or descendant; (5) An individual who would qualify as a presumptive heir of the principal; (6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; (7) A governmental agency having authority to protect the welfare of the principal; (8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and (9) A person asked to accept the power of attorney. (b) Upon motion by the principal, the court shall dismiss a petition filed under this Code section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.

10-6B-17. An agent that violates this chapter shall be liable to the principal or the principal's successors in interest for the amount required to:
(1) Restore the value of the principal's property to what it would have been had the violation not occurred; and (2) Reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf.

10-6B-18. Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or (2) If there is no person described in paragraph (1) of this Code section, to:
(A) The principal's caregiver; or (B) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare.

10-6B-19. (a) A person that in good faith accepts a power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Code Section 10-6B-5 that the signature is genuine.

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(b) A person that in good faith accepts a power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority. (c) A person that is asked to accept a power of attorney may request, and rely upon, without further investigation:
(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (2) A coagent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (3) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (4) An opinion of an attorney as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (d) An English translation or an opinion of an attorney requested under this Code section shall be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. (e) For purposes of this Code section, a person that conducts activities through employees shall be without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

10-6B-20. (a) As used in this Code section, the term 'statutory form power of attorney' means using:
(1) The form set forth in Code Section 10-6B-70; (2) A military power of attorney pursuant to 10 U.S.C. Section 1044b, in effect on February 1, 2017; or (3) A document that substantially reflects the language in the form set forth in Code Section 10-6B-70, so long as it is witnessed as required by Code Section 10-6B-5. (b) Except as otherwise provided in subsection (c) of this Code section: (1) A person shall either accept a statutory form power of attorney or request a certification, a translation, or an opinion of an attorney under subsection (c) of Code Section 10-6B-19 no later than seven business days after presentation of the power of attorney for acceptance; (2) If a person requests a certification, a translation, or an opinion of an attorney under subsection (c) of Code Section 10-6B-19, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of an attorney; and

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(3) A person shall not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (c) A person shall not be required to accept a statutory form power of attorney if: (1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances; (2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (4) A request for a certification, a translation, or an opinion of an attorney under subsection (c) of Code Section 10-6B-19 is refused; (5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of an attorney under subsection (c) of Code Section 10-6B-19 has been requested or provided; or (6) The person makes, or has actual knowledge that another person has made, a report to protective services as such term is defined in Code Section 30-5-1 stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (d) A person that refuses to accept a power of attorney in violation of this Code section shall be subject to: (1) A court order mandating acceptance of the power of attorney; and (2) Liability for reasonable attorney's fees and expenses of litigation incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney. (e) For purposes of this Code section, a person that conducts activities through employees shall be without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

10-6B-21. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.

10-6B-22. (a) This chapter shall not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter. (b) This chapter shall not supersede the Bank Secrecy Act of 1970, 31 U.S.C. Section 5311, in effect on February 1, 2017, and the corresponding regulations thereto, in effect on February 1, 2017.

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10-6B-23. The remedies under this chapter shall not be exclusive and shall not abrogate any right or remedy under the laws of this state other than this chapter.

ARTICLE 2

10-6B-40. (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(1) Create, amend, revoke, or terminate an inter vivos trust; (2) Make a gift; (3) Create or change rights of survivorship; (4) Create or change a beneficiary designation; (5) Delegate authority granted under the power of attorney; (6) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (7) Exercise fiduciary powers that the principal has authority to delegate; (8) Exercise authority over the content of electronic communications, as defined in 18 U.S.C. Section 2510(12), in effect on February 1, 2017, sent or received by the principal; or (9) Disclaim property, including a power of appointment. (b) Notwithstanding a grant of authority to do an act described in subsection (a) of this Code section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal, shall not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise. (c) Subject to subsections (a), (b), (d), and (e) of this Code section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in Code Sections 10-6B-43 through 10-6B-55. (d) Unless the power of attorney otherwise provides, a grant of authority to make a gift shall be subject to Code Section 10-6B-56. (e) Subject to subsections (a), (b), and (d) of this Code section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority shall control. (f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.

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(g) An act performed by an agent pursuant to a power of attorney shall have the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.

10-6B-41. (a) An agent shall have authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Code Sections 10-6B-43 through 10-6B-56 or cites the Code section in which the authority is described. (b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject stated in Code Sections 10-6B-43 through 10-6B-56 or a citation to a specific Code section in Code Sections 10-6B-43 through 10-6B-56 shall incorporate the entire Code section as if it were set out in full in the power of attorney. (c) A principal may modify authority incorporated by reference.

10-6B-42. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Code Sections 10-6B-43 through 10-6B-56 or that grants to an agent authority to do all acts that a principal could do pursuant to subsection (c) of Code Section 10-6B-40, a principal shall authorize the agent, with respect to that subject, to:
(1) Demand, receive, and obtain by litigation or otherwise, money or any other thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended; (2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal; (3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney; (4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim; (5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney; (6) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor; (7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a law or regulation;

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(8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal; (9) Except as otherwise provided under federal privacy laws, access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and (10) Do any lawful act with respect to the subject and all property related to the subject.

10-6B-43. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property shall authorize the agent to:
(1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property; (2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property; (3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted; (5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(A) Insuring against liability or casualty or other loss; (B) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise; (C) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with such taxes or assessments; and (D) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property; (6) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right; (7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:

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(A) Selling or otherwise disposing of them; (B) Exercising or selling an option, right of conversion, or similar right with respect to them; and (C) Exercising any voting rights in person or by proxy; (8) Change the form of title of an interest in or right incident to real property; and (9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.

10-6B-44. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property shall authorize the agent to:
(1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property; (2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property; (3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property; (5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(A) Insuring against liability or casualty or other loss; (B) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise; (C) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with such taxes or assessments; (D) Moving the property from place to place; (E) Storing the property for hire or on a gratuitous bailment; and (F) Using and making repairs, alterations, or improvements to the property; and (6) Change the form of title of an interest in tangible personal property.

10-6B-45. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds shall authorize the agent to:
(1) Buy, sell, and exchange stocks and bonds;

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(2) Establish, continue, modify, or terminate an account with respect to stocks and bonds; (3) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal; (4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and (5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.

10-6B-46. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options shall authorize the agent to:
(1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and (2) Establish, continue, modify, and terminate option accounts.

10-6B-47. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions shall authorize the agent to:
(1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal; (2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent; (3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault; (4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution; (5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them; (6) Enter a safe deposit box or vault and withdraw or add to the contents; (7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;

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(9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument; (10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and (11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.

10-6B-48. Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business shall authorize the agent to:
(1) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest; (2) Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have; (3) Enforce the terms of an ownership agreement; (4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest; (5) Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds; (6) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds; (7) With respect to an entity or business owned solely by the principal:
(A) Continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney; (B) Determine:
(i) The location of its operation; (ii) The nature and extent of its business; (iii) The methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation; (iv) The amount and types of insurance carried; and (v) The mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors; (C) Change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and

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(D) Demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business; (8) Put additional capital into an entity or business in which the principal has an interest; (9) Join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business; (10) Sell or liquidate all or part of an entity or business; (11) Establish the value of an entity or business under a buy-out agreement to which the principal is a party; (12) Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and (13) Pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.

10-6B-49. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities shall authorize the agent to:
(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract; (2) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment; (3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent; (4) Apply for and receive a loan secured by a contract of insurance or annuity; (5) Surrender and receive the cash surrender value on a contract of insurance or annuity; (6) Exercise an election; (7) Exercise investment powers available under a contract of insurance or annuity; (8) Change the manner of paying premiums on a contract of insurance or annuity; (9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this Code section; (10) Apply for and procure a benefit or assistance under a law or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal; (11) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;

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(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and (13) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of such tax or assessment.

10-6B-50. (a) As used in this Code section, the term 'estate, trust, or other beneficial interest' means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests shall authorize the agent to:
(1) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest; (2) Demand or obtain money or any other thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise; (3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal; (4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal; (5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary; (6) Conserve, invest, disburse, or use anything received for an authorized purpose; (7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor; and (8) Reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from an estate, trust, or other beneficial interest.

10-6B-51. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation shall authorize the agent to:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or any other thing of value, recover damages sustained by the principal,

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eliminate or modify tax liability, or seek an injunction, specific performance, or other relief; (2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation; (3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree; (4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation; (5) Submit to alternative dispute resolution, settle, and propose or accept a compromise; (6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation; (7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or any other thing of value; (8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and (9) Receive money or any other thing of value paid in settlement of or as proceeds of a claim or litigation.

10-6B-52. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance shall authorize the agent to:
(1) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
(A) The principal's minor children; (B) The principal's adult children who are pursuing a postsecondary school education and are under 25 years of age; (C) The principal's parents or the parents of the principal's spouse, if the principal had established a pattern of such payments; and (D) Any other individuals legally entitled to be supported by the principal;

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(2) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party; (3) Provide living quarters for the individuals described in paragraph (1) of this subsection by:
(A) Purchase, lease, or other contract; or (B) Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals; (4) Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for individuals described in paragraph (1) of this subsection to enable such individuals to maintain their customary standard of living; (5) Pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1) of this subsection; (6) Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, in effect on February 1, 2017, and applicable regulations in effect on February 1, 2017, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the laws of this state to consent to health care on behalf of the principal; (7) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1) of this subsection; (8) Maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) of this subsection and open new accounts; and (9) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations. (b) Authority with respect to personal and family maintenance shall be neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.

10-6B-53. (a) As used in this Code section, the term 'benefits from governmental programs or civil or military service' means any benefit, program, or assistance provided under a law or regulation, including Social Security, medicare, and Medicaid. (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service shall authorize the agent to:
(1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or political subdivision

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of a state to the principal, including allowances and reimbursements for transportation of the individuals described in paragraph (1) of subsection (a) of Code Section 10-6B-52, and for shipment of their household effects; (2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for such purpose; (3) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program; (4) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which such principal may be entitled under a law or regulation; (5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a law or regulation; and (6) Receive the financial proceeds of a claim described in paragraph (4) of this subsection and conserve, invest, disburse, or use for a lawful purpose anything so received.

10-6B-54. (a) As used in this Code section, the term 'retirement plan' means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which such principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:
(1) An individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. Section 408, in effect on February 1, 2017; (2) A Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. Section 408A, in effect on February 1, 2017; (3) A deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. Section 408(q), in effect on February 1, 2017; (4) An annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. Section 403(b), in effect on February 1, 2017; (5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. Section 401(a), in effect on February 1, 2017; (6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. Section 457(b), in effect on February 1, 2017; and (7) A nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. Section 409A, in effect on February 1, 2017. (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans shall authorize the agent to:

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(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan; (2) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another; (3) Establish a retirement plan in the principal's name; (4) Make contributions to a retirement plan; (5) Exercise investment powers available under a retirement plan; and (6) Borrow from, sell assets to, or purchase assets from a retirement plan.

10-6B-55. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes shall authorize the agent to:
(1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. Section 2032A, in effect on February 1, 2017, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years; (2) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority; (3) Exercise any election available to the principal under federal, state, local, or foreign tax law; and (4) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.

10-6B-56. (a) As used in this Code section, the term a gift 'for the benefit of' a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529, in effect on February 1, 2017. (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts shall authorize the agent only to:
(1) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b), in effect on February 1, 2017, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513,

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in effect on February 1, 2017, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and (2) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, in effect on February 1, 2017, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses. (c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including: (1) The value and nature of the principal's property; (2) The principal's foreseeable obligations and need for maintenance; (3) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; (4) Eligibility for a benefit, a program, or assistance under a law or regulation; and (5) The principal's personal history of making or joining in making gifts.

ARTICLE 3

10-6B-70. A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter.

'State of Georgia County of ______________

STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in O.C.G.A. Chapter 6B of Title 10.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. If you revoke the power of attorney, you

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must communicate your revocation by notice to the agent in writing by certified mail and file such notice with the clerk of superior court in your county of domicile.

Your agent is not entitled to any compensation unless you state otherwise in the Special Instructions. Your agent shall be entitled to reimbursement of reasonable expenses incurred in performing the acts required by you in your power of attorney.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a successor agent or name a coagent in the Special Instructions. Coagents will not be required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney shall be durable unless you state otherwise in the Special Instructions.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I ____________________________________________________ (Name of principal) name the following person as my agent:

Name of agent: __________________________________________________________ Agent's address: ________________________________________________________ Agent's telephone number: ________________________________________________ Agent's e-mail address: __________________________________________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of successor agent: _________________________________________________ Successor agent's address: ________________________________________________ Successor agent's telephone number: ________________________________________

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Successor agent's e-mail address: ____________________________________________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of second successor agent: __________________________________________ Second successor agent's address: _________________________________________ Second successor agent's telephone number: _________________________________ Second successor agent's e-mail address: ______________________________________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in O.C.G.A. Chapter 6B of Title 10:

(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "all preceding subjects" instead of initialing each subject.)

(___) Real property (___) Tangible personal property (___) Stocks and bonds (___) Commodities and options (___) Banks and other financial institutions (___) Operation of entity or business (___) Insurance and annuities (___) Estates, trusts, and other beneficial interests (___) Claims and litigation (___) Personal and family maintenance (___) Benefits from governmental programs or civil or military service (___) Retirement plans (___) Taxes (___) All preceding subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent SHALL NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below: (CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your

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agent. You should give your agent specific instructions in the Special Instructions when you authorize your agent to make gifts.)

(___) Create, amend, revoke, or terminate an inter vivos trust (___) Make a gift, subject to the limitations of O.C.G.A. 10-6B-56 and any Special Instructions in this power of attorney (___) Create or change rights of survivorship (___) Create or change a beneficiary designation (___) Authorize another person to exercise the authority granted under this power of attorney (___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan (___) Access the content of electronic communications (___) Exercise fiduciary powers that the principal has authority to delegate (___) Disclaim or refuse an interest in property, including a power of appointment

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant SHALL NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines (you may add lines or place your special instructions in a separate document and attach it to the power of attorney): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF CONSERVATOR (OPTIONAL)

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If it becomes necessary for a court to appoint a conservator of my estate, I nominate the following person(s) for appointment:

Name of nominee for conservator of my estate: _____________________________________________________________________ Nominee's address: _____________________________________________________ Nominee's telephone number: ______________________________________________ Nominee's e-mail address: ________________________________________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person has actual knowledge it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

____________________________________________ Your signature _____________________________________________ Your name printed _____________________________________________ _____________________________________________ Your address _____________________________________________ Your telephone number _____________________________________________ Your e-mail address

________________ Date

This document was signed in my presence on _________________________________, (Date)
by ____________________________________. (Name of principal)
______________________________________. (Witness's name printed)
_____________________________________________ _____________________________________________ Witness's address _____________________________________________ Witness's telephone number _____________________________________________ Witness's e-mail address

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State of Georgia County of ___________________________

This document was signed in my presence on _______________________________,

(Date)

by ____________________________________.

(Name of principal)

________________________________________

(Seal)

Signature of notary

My commission expires: _________________________

This document prepared by: _________________________________________________.

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:
(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; (2) Act in good faith; (3) Do nothing beyond the authority granted in this power of attorney; and (4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

______________________________ by ___________________________ as Agent.

(Principal's name)

(Your signature)

Unless the Special Instructions in this power of attorney state otherwise, you must also: (1) Act loyally for the principal's benefit; (2) Avoid conflicts that would impair your ability to act in the principal's best interest; (3) Act with care, competence, and diligence; (4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

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(5) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and (6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
(1) Death of the principal; (2) The principal's revocation of your authority or the power of attorney so as long as the revocation of the power of attorney is communicated to you in writing by certified mail and provided that such notice is filed with the clerk of superior court in the county of domicile of the principal; (3) The occurrence of a termination event stated in the power of attorney; (4) The purpose of the power of attorney is fully accomplished; or (5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in O.C.G.A. Chapter 6B of Title 10. If you violate O.C.G.A. Chapter 6B of Title 10 or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.'

10-6B-71. The following optional form may be used by an agent to certify facts concerning a power of attorney.

'AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of Georgia County of ________________________

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I, _________________________________________ (name of agent), certify under penalty of perjury that ______________________________________ (name of principal) granted me authority as an agent or successor agent in a power of attorney dated __________________________.

I further certify that to my knowledge:

(1) The principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated; (2) If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred; (3) If I were named as a successor agent, the prior agent is no longer able or willing to serve; and (4) __________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

____________________________________________ Agent's signature ____________________________________________ Agent's name printed ____________________________________________ ____________________________________________ Agent's address ____________________________________________ Agent's telephone number ____________________________________________ Agent's e-mail address

_______________ Date

This document was signed in my presence on _________________________________, (Date)

by ______________________________________ (Name of agent)

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_________________________________________ Signature of notary My commission expires: ________________________

(Seal)

This document prepared by: _________________________________________________.'

ARTICLE 4

10-6B-80. 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 shall 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).

10-6B-81. Chapter 6 of this title shall not apply to a power of attorney created pursuant to this chapter."

PART III SECTION 3-1.

Said title is further amended by adding a new Code section to Article 1 of Chapter 6, relating to agency, to read as follows:
"10-6-7. This chapter shall not apply to powers of attorney to which Chapter 6B of this title is applicable."

SECTION 3-2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-8-10, relating to affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-7, to read as follows:
"16-8-10. It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-9 that the person:
(1) Was unaware that the property or service was that of another; (2) Acted under an honest claim of right to the property or service involved; (3) Acted under a right to acquire or dispose of the property as he or she did; provided, however, that the use of a power of attorney as provided in Chapter 6B of Title 10 shall not, in and of itself, absolve a person from criminal responsibility; or

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(4) Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented."

SECTION 3-3. Said title is further amended by revising Code Section 16-5-105, relating to the applicability of Article 8, the protection of elder persons, as follows:
"16-5-105. (a) The use of a power of attorney as provided for in Chapter 6B of Title 10 shall not, in and of itself, absolve a person from prosecution under this article. (b) This article shall be cumulative and supplemental to any other law of this state."

PART IV SECTION 4-1.

This Act shall become effective on July 1, 2017.

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

Approved May 8, 2017.

__________

STATE GOVERNMENT GEORGIA TECHNOLOGY AUTHORITY; REVISE DEFINITION; ESTABLISHMENT OF POLICIES AND STANDARDS FOR USE BY ALL AGENCIES.

No. 187 (Senate Bill No. 117).

AN ACT

To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to change the definition of the term "agency"; to provide for the establishment of certain policies and standards to be used by all agencies; to provide for waivers under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, is amended by revising paragraph (1) of subsection (b) of Code Section 50-25-1, relating to the establishment of the Georgia Technology Authority, as follows:
"(1) 'Agency' means every state department, agency, board, bureau, commission, and authority but shall not include any agency within the judicial or legislative branch of state government, the Georgia Department of Defense, departments headed by elected constitutional officers of the state, or the University System of Georgia and shall also not include any authority statutorily required to effectuate the provisions of Part 4 of Article 9 of Title 11."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 50-25-4, relating to the general powers of the Georgia Technology Authority, as follows:
"(a) The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts; (6) To fix and collect fees and charges for data, media, and incidental services; (7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (8) To establish policies and standards for agencies to submit information technology plans to the authority. Such policies and standards shall include without limitation content, format, and frequency of submission;

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(9) To establish technology policies and standards for all agencies, including, but not limited to, the role and responsibilities of chief information officers and chief information security officers within such agencies; (10) To establish and maintain official employee purchase programs for technology resources facilitated by and through the authority for state employees and public school employees of county or independent boards of education; (11) To provide oversight and program management for all technology resources for projects exceeding a cumulative investment of $1 million to accomplish goals of technology portfolio management; (12) To develop such plans and reports as are deemed necessary and useful and to require agencies to submit periodic reports at such frequency and with such content as the board shall define; (13) To prepare fiscal impact statements relating to necessary modifications and development of technology to support policies required by proposed legislation; (14) To establish architecture for state technology infrastructure to promote efficient use of resources and to promote economic development; (15) To provide processes and systems for timely and fiscally prudent management of the state's financial resources to include, without limitation, cash management; (16) To establish advisory committees from time to time, including, without limitation, a standing advisory committee composed of representatives from agencies which shall make recommendations to the authority concerning such matters as policies, standards, and architecture; (17) To coordinate with agencies, the legislative and judicial branches of government, and the Board of Regents of the University System of Georgia, regarding technology policy; (18) To coordinate with local and federal governments to achieve the goals of the authority; (19) To identify and pursue alternative funding approaches; (20) To establish technology security policies, standards, and services to be used by all agencies; (21) To conduct technology audits of all agencies; (22) To facilitate and encourage the conduct of business on the Internet; (23) To expand and establish policies necessary to ensure the legal authority and integrity of electronic documents; (24) To provide and approve as part of the state technology plan an implementation plan and subsequent policies and goals designed to increase the use of telecommuting among state employees; (25) To create a center for innovation to create applications of technology that will yield positive, measurable benefits to the state; (26) To contract through the Department of Administrative Services for the lease, rental, purchase, or other acquisition of all technology resource related supplies, materials,

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services, and equipment required by the state government or any of its agencies and designate such contracts as mandatory sources of supply for agency purchases or to authorize any agency to purchase or contract for technology; (27) To establish and enforce standard specifications which shall apply to all technology and technology resource related supplies, materials, and equipment purchased or to be purchased for the use of the state government or any of its agencies, which specifications shall be based on and consistent with industry accepted open network architecture standards; (28) To establish specifications and standards for technology resources, which shall apply to all technology to be purchased, licensed, or leased by any agency; (29) To provide a waiver for any agency as to the use of any policies, standards, specifications, or contracts developed by the authority, when it is determined by the authority that such should not be applicable to such agency or that it will promote the best interests of the state to grant such a waiver. (30) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (31) To do all things necessary or convenient to carry out the powers conferred by this chapter."

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

Approved May 8, 2017.

__________

LOCAL GOVERNMENT COUNCIL OF MUNICIPAL COURT JUDGES OF GEORGIA; SAVINGS PLANS AND DEFERRED COMPENSATION PLANS.

No. 188 (House Bill No. 370).

AN ACT

To amend Article 3 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the Council of Municipal Court Judges of Georgia, so as to authorize the council to create and administer savings plans and deferred compensation plans for its members; to provide for the manner of funding; to provide for limitations on funding and liability; 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 32 of Title 36 of the Official Code of Georgia Annotated, relating to the Council of Municipal Court Judges of Georgia, is amended by adding a new Code section to read as follows:
"36-32-41. (a) The Council of Municipal Court Judges of Georgia is authorized to create and oversee savings plans and deferred compensation plans for its members in good standing. (b) Participation in such plans shall be optional for members of the council in good standing. (c) Such plans shall be funded solely by the individual contributions of the members of the council who choose to participate in the plan. (d) No money or other funds collected through a municipal court shall be used to fund such plans. (e) The creation and oversight of such plans by the council shall not create a debt or other financial obligation for this state or any political subdivision of this state. (f) The creation and oversight of such plans by the council shall not create any fiduciary liability on the part of the council."

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

Approved May 8, 2017.

__________

CRIMINAL PROCEDURE REVISE OUTDATED TERMINOLOGY.

No. 189 (House Bill No. 343).

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to replace certain outdated terminology, as it relates to the use of "mental retardation" and "mentally retarded"; to provide that such updated terminology shall not affect case law decided prior to this change; 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:

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SECTION 1. The General Assembly finds that for the purposes of existing case law when a case refers to or uses the term ''mental retardation,""mentally retarded," or "intellectual disability," such terms shall have the same meaning and shall be interchangeable.

SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-2-4, relating to defendant arrested, held, or present in county other than that in which indictment or accusation is pending, as follows:
"17-2-4. (a) A defendant arrested, held, or present in a county other than that in which an indictment or accusation is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere; to waive trial in the county in which the indictment or accusation is pending; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the indictment or accusation is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county. (b) A defendant arrested, held, or present in a county other than the county in which a complaint or arrest warrant is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere; to waive venue and trial in the county in which the complaint or warrant was issued; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the complaint or arrest warrant is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county. (c) If after the proceeding has been transferred pursuant to subsection (a) or (b) of this Code section the defendant pleads not guilty or not guilty by reason of insanity, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. A defendant's statement that the defendant wishes to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere shall not be used against the defendant."

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SECTION 3. Said title is further amended by revising Code Section 17-7-131, relating to proceedings upon pleas of insanity or mental incompetency at time of crime, as follows:
"17-7-131. (a) For purposes of this Code section, the term:
(1) 'Insane at the time of the crime' means meeting the criteria of Code Section 16-3-2 or 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (2) 'Intellectual disability' means having significantly subaverage general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period. (3) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. However, the term 'mental illness' shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (b)(1) In all cases in which the defense of insanity, mental illness, or intellectual disability is interposed, the jury, or the court if tried by it, shall find whether the defendant is:
(A) Guilty; (B) Not guilty; (C) Not guilty by reason of insanity at the time of the crime; (D) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases; or (E) Guilty but with intellectual disability, but the finding of intellectual disability shall be made only in felony cases. (2) A plea of guilty but mentally ill at the time of the crime or a plea of guilty but with intellectual disability shall not be accepted until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, held a hearing on the issue of the defendant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense or has intellectual disability to which the plea is entered. (2.1) A plea of not guilty by reason of insanity at the time of the crime shall not be accepted and the defendant adjudicated not guilty by reason of insanity by the court without a jury until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, has held a hearing on the issue of the defendant's mental condition, and the court is satisfied that the defendant was insane at the time of the crime according to the criteria of Code Section 16-3-2 or 16-3-3. (3) In all cases in which the defense of insanity, mental illness, or intellectual disability is interposed, the trial judge shall charge the jury, in addition to other appropriate charges, the following:

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(A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, the defendant will be committed to a state mental health facility until such time, if ever, that the court is satisfied that he or she should be released pursuant to law. (B) I charge you that should you find the defendant guilty but mentally ill at the time of the crime, the defendant will be placed in the custody of the Department of Corrections which will have responsibility for the evaluation and treatment of the mental health needs of the defendant, which may include, at the discretion of the Department of Corrections, referral for temporary hospitalization at a facility operated by the Department of Behavioral Health and Developmental Disabilities. (C) I charge you that should you find the defendant guilty but with intellectual disability, the defendant will be placed in the custody of the Department of Corrections, which will have responsibility for the evaluation and treatment of the mental health needs of the defendant, which may include, at the discretion of the Department of Corrections, referral for temporary hospitalization at a facility operated by the Department of Behavioral Health and Developmental Disabilities. (c) In all criminal trials in any of the courts of this state wherein an accused shall contend that he or she was insane, mentally ill, or intellectually disabled at the time the act or acts charged against him or her were committed, the trial judge shall instruct the jury that they may consider, in addition to verdicts of 'guilty' and 'not guilty,' the additional verdicts of 'not guilty by reason of insanity at the time of the crime,' 'guilty but mentally ill at the time of the crime,' and 'guilty but with intellectual disability.' (1) The defendant may be found 'not guilty by reason of insanity at the time of the crime' if he or she meets the criteria of Code Section 16-3-2 or 16-3-3 at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict. (2) The defendant may be found 'guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and was mentally ill at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict. (3) The defendant may be found 'guilty but with intellectual disability' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and is with intellectual disability. If the court or jury should make such finding, it shall so specify in its verdict. (d) Whenever a defendant is found not guilty by reason of insanity at the time of the crime, the court shall retain jurisdiction over the person so acquitted and shall order such person to be detained in a state mental health facility, to be selected by the Department of Behavioral Health and Developmental Disabilities, for a period not to exceed 30 days from the date of the acquittal order, for evaluation of the defendant's present mental condition. Upon completion of the evaluation, the proper officials of the mental health facility shall

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send a report of the defendant's present mental condition to the trial judge, the prosecuting attorney, and the defendant's attorney, if any.
(e)(1) After the expiration of the 30 days' evaluation period in the state mental health facility, if the evaluation report from the Department of Behavioral Health and Developmental Disabilities indicates that the defendant does not meet the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the trial judge may issue an order discharging the defendant from custody without a hearing. (2) If the defendant is not so discharged, the trial judge shall order a hearing to determine if the defendant meets the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37. If such criteria are not met, the defendant must be discharged. (3) The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment, as defined by paragraph (12) of Code Section 37-3-1, or a person with a developmental disability, as defined in paragraph (8) of Code Section 37-1-1, who presents a substantial risk of imminent harm to himself or herself or others. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing. (4) If the judge determines that the defendant meets the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the judge shall order the defendant to be committed to the Department of Behavioral Health and Developmental Disabilities to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled to the following rights specified below and shall be notified in writing of these rights at the time of his or her admission for evaluation under subsection (d) of this Code section. Such rights are:
(A) A notice that a hearing will be held and the time and place thereof; (B) A notice that the defendant has the right to counsel and that the defendant or his or her representatives may apply immediately to the court to have counsel appointed if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he or she indicates in writing that he or she does not desire to be represented by counsel; (C) The right to confront and cross-examine witnesses and to offer evidence; (D) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest;

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(E) Notice of the right to have established an individualized service plan specifically tailored to the person's treatment needs, as such plans are defined in Chapter 3 of Title 37 and Chapter 4 of Title 37; and (F) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his or her own choice at his or her own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of Chapter 3 of Title 37 or Chapter 4 of Title 37, whichever is applicable. (5)(A) If a defendant appears to meet the criteria for outpatient involuntary treatment as defined in Part 3 of Article 3 of Chapter 3 of Title 37, which shall be the criteria for release on a trial basis in the community in preparation for a full release, the court may order a period of conditional release subject to certain conditions set by the court. The court is authorized to appoint an appropriate community service provider to work in conjunction with the Department of Behavioral Health and Developmental Disabilities to monitor the defendant's compliance with these conditions and to make regular reports to the court. (B) If the defendant successfully completes all requirements during this period of conditional release, the court shall discharge the individual from commitment at the end of that period. Such individuals may be referred for community mental health, developmental disabilities, or substance abuse services as appropriate. The court may require the individual to participate in outpatient treatment or any other services or programs authorized by Chapter 3, 4, or 7 of Title 37. (C) If the defendant does not successfully complete any or all requirements of the conditional release period, the court may:
(i) Revoke the period of conditional release and return the defendant to a state hospital for inpatient services; or (ii) Impose additional or revise existing conditions on the defendant as appropriate and continue the period of conditional release. (D) For any decision rendered under subparagraph (C) of this paragraph, the defendant may request a review by the court of such decision within 20 days of the order of the court. (E) The Department of Behavioral Health and Developmental Disabilities and any community services providers, including the employees and agents of both, providing supervision or treatment during a period of conditional release shall not be held criminally or civilly liable for any acts committed by a defendant placed by the committing court on a period of conditional release. (f) A defendant who has been found not guilty by reason of insanity at the time of the crime and is ordered committed to the Department of Behavioral Health and Developmental Disabilities under subsection (e) of this Code section may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in this subsection:

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(1) Application for the release of a defendant who has been committed to the Department of Behavioral Health and Developmental Disabilities under subsection (e) of this Code section upon the ground that he or she does not meet the civil commitment criteria under Chapter 3 of Title 37 or Chapter 4 of Title 37 may be made to the committing court, either by such defendant or by the superintendent of the state hospital in which the said defendant is detained; (2) The burden of proof in such release hearing shall be upon the applicant. The defendant shall have the same rights in the release hearing as set forth in subsection (e) of this Code section; and (3) If the finding of the court is adverse to release in such hearing held pursuant to this subsection on the grounds that such defendant does meet the inpatient civil commitment criteria, a further release application by the defendant shall not be heard by the court until 12 months have elapsed from the date of the hearing upon the last preceding application. The Department of Behavioral Health and Developmental Disabilities shall have the independent right to request a release hearing once every 12 months. (g)(1) Whenever a defendant is found guilty but mentally ill at the time of a felony or guilty but has intellectual disability, or enters a plea to that effect that is accepted by the court, the court shall sentence him or her in the same manner as a defendant found guilty of the offense, except as otherwise provided in subsection (j) of this Code section. A defendant who is found guilty but mentally ill at the time of the felony or guilty but has intellectual disability shall be committed to an appropriate penal facility and shall be evaluated then treated, if indicated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his or her mental illness or intellectual disability. (2) If at any time following the defendant's conviction as a guilty but mentally ill or guilty but with intellectual disability offender it is determined that a temporary transfer to the Department of Behavioral Health and Developmental Disabilities is clinically indicated for his or her mental illness or intellectual disability, then the defendant shall be transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to procedures set forth in regulations of the Department of Corrections and the Department of Behavioral Health and Developmental Disabilities. In all such cases, the legal custody of the defendant shall be retained by the Department of Corrections. Upon notification from the Department of Behavioral Health and Developmental Disabilities to the Department of Corrections that hospitalization at a Department of Behavioral Health and Developmental Disabilities facility is no longer clinically indicated for his or her mental illness or intellectual disability, the Department of Corrections shall transfer the defendant back to its physical custody and shall place such individual in an appropriate penal institution. (h) If a defendant who is found guilty but mentally ill at the time of a felony or guilty but with intellectual disability is placed on probation under the 'State-wide Probation Act,' Article 2 of Chapter 8 of Title 42, the court may require that the defendant undergo

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available outpatient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees by the provider of the services. (i) In any case in which the defense of insanity is interposed or a plea of guilty but mentally ill at the time of the felony or a plea of guilty but with intellectual disability is made and an examination is made of the defendant pursuant to Code Section 17-7-130.1 or paragraph (2) of subsection (b) of this Code section, upon the defendant's being found guilty or guilty but mentally ill at the time of the crime or guilty but with intellectual disability, a copy of any such examination report shall be forwarded to the Department of Corrections with the official sentencing document. The Department of Behavioral Health and Developmental Disabilities shall forward, in addition to its examination report, any records maintained by such department that it deems appropriate pursuant to an agreement with the Department of Corrections, within ten business days of receipt by the Department of Behavioral Health and Developmental Disabilities of the official sentencing document from the Department of Corrections.
(j)(1) In the trial of any case in which the death penalty is sought which commences on or after July 1, 1988, should the judge find in accepting a plea of guilty but mentally retarded, or the jury or court find in its verdict that the defendant is guilty of the crime charged but mentally retarded, the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life. (2) In the trial of any case in which the death penalty is sought which commences on or after July 1, 2017, should the judge find in accepting a plea of guilty but with intellectual disability, or the jury or court find in its verdict that the defendant is guilty of the crime charged but with intellectual disability, the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life."

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

Approved May 8, 2017.

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HEALTH SCREENING FOR KRABBE DISEASE IN NEWBORNS.

No. 190 (House Bill No. 241).

AN ACT

To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to add Krabbe disease to the list of metabolic and genetic conditions for which newborn screening may be conducted pursuant to the Department of Public Health; to provide for the screening at the option of the parent or parents; to provide for payment of fees directly to the laboratory; 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 "Cove's Law."

SECTION 2. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, is amended by revising Code Section 31-12-6, relating to a system for prevention of serious illness, severe physical or developmental disability, and death resulting from inherited metabolic and genetic disorders, as follows:
"31-12-6. (a) The department shall promulgate rules and regulations creating a system for the prevention of serious illness, severe physical or developmental disability, and death caused by genetic conditions, such as phenylketonuria, galactosemia, homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal hyperplasia, Krabbe disease, and such other inherited metabolic and genetic disorders as may be identified in the future to result in serious illness, severe physical or developmental disability, and death if undiagnosed and untreated. The system shall have five components: screening newborns for the disorders; retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (b) The entire process for screening, retrieval, and diagnosis must occur within time frames established by the department pursuant to rules and regulations, and the system shall be structured to meet this critical need. (c) The department shall be responsible for the screening of all newborns for the disorders enumerated and in a manner determined by the department pursuant to rules and regulations and shall be responsible for assessment of the program; provided, however, that

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screening for Krabbe disease shall be conducted separately at the option of the parent or parents. (d) The department shall, to the extent state or federal funds are available for such purposes, including but not limited to funds provided under Title V of the Social Security Act, the Maternal and Child Health Services Block Grant, provide for retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (e) The department shall utilize appropriate existing resources whenever possible and shall cause the coordination and cooperation of agencies and organizations having resources necessary for the creation of an effective system. (f) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department; provided, however, that the fees for screening for Krabbe disease shall be paid directly by the parents to the laboratory. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia. (g) The department shall allow any laboratory licensed in Georgia and authorized to perform screening testing of newborn infants in any state using normal pediatric reference ranges to conduct the analysis required pursuant to this Code section; provided, however, that the screening for Krabbe disease may be conducted by a laboratory located outside of Georgia if approved by the board. The testing performed by such laboratory must include testing for newborn diseases as required by law or regulation, except for Krabbe disease, and shall provide test results and reports consistent with law and with policies, procedures, and regulations of the department. (h) No later than January 1, 2007, the Georgia Department of Audits and Accounts shall conduct an assessment evaluating the efficiency and effectiveness of the newborn screenings conducted by the Georgia Public Health Laboratory pursuant to this Code section. If it is determined that private laboratories can provide testing at a lower cost than the Georgia Public Health Laboratory, the department shall issue a request for proposals to qualified vendors including any private laboratory licensed in Georgia as established in subsection (g) of this Code section. The Georgia Public Health Laboratory shall be eligible to respond to such request for proposals. (i) The requirements of this Code section with regard to screening, retrieval, and diagnosis shall not apply to any infant whose parents object in writing thereto on the grounds that such tests and treatment conflict with their religious tenets and practices."

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

Approved May 8, 2017.

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SOCIAL SERVICES FINGERPRINT RECORDS CHECK DETERMINATION BY DEPARTMENT OF EARLY CARE AND LEARNING SUFFICIENT FOR PERSONS PROVIDING CARE TO CHILDREN IN CUSTODY OF DEPARTMENT OF HUMAN SERVICES.

No. 191 (House Bill No. 250).
AN ACT
To amend Article 5 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks for persons supervising children, so as to provide that a satisfactory fingerprint records check determination within the previous 12 months by the Department of Early Care and Learning may be used in lieu of background screening or fingerprint checks required for purposes of providing care to children in the custody of the Department of Human Services; 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 5 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks for persons supervising children, is amended by adding a new Code section to read as follows:
"49-5-115. In lieu of any background screening or fingerprint check required pursuant to any state law or any department regulation for an individual who provides short-term care for a child in the custody of the department, the department is authorized to accept a letter issued within the previous 12 months by the Department of Early Care and Learning stating that such

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individual has received a satisfactory determination by the Department of Early Care and Learning in accordance with Article 2 of Chapter 1A of Title 20."

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 8, 2017.

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REVENUE AND TAXATION REVISE CERTAIN DEFINITIONS RELATED TO AGRICULTURAL EQUIPMENT.

No. 192 (House Bill No. 290).

AN ACT

To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to revise definitions related to the exemption of certain agricultural equipment; 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 ad valorem property tax exemptions, is amended by revising Code Section 48-5-41.1, relating to exemption of qualified farm products and harvested agricultural products from taxation, as follows:
"48-5-41.1. (a) As used in this Code section, the term:
(1) 'Agricultural equipment' means farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, which are owned by or held under a lease-purchase agreement and directly used in the production of farm products by a family owned qualified farm products producer.

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(2) 'Family owned farm entity' means a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company all of the interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. It shall include an estate of which the devisees or heirs are one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. It shall include a trust of which the beneficiaries are one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. Such family owned farm entity must have derived 80 percent or more of its gross income from bona fide agricultural uses within this state within the year immediately preceding the year in which the exemption provided by this Code section is sought. (3) 'Family owned qualified farm products producer' means an individual or family owned farm entity primarily engaged in the direct cultivation of the soil, including soil removed from the land and placed in pots or containers, or operation of land for the production of qualified farm products. A family owned qualified farm products producer shall not include wholesalers, distributors, storage facility owners, manufacturers, processors, or other similar entities that primarily prepare qualified farm products for any intermediate or final market or that primarily operate to move or facilitate the movement of qualified farm products from a producer to any intermediate or final markets. (4) 'Farm products' means only those farm products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of subsection (a) of Code Section 48-5-41 as it existed prior to January 1, 1999. (5) 'Harvested agricultural products' means only those harvested agricultural products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of subsection (a) of Code Section 48-5-41 as it existed prior to January 1, 1999. (6) 'Initial production' means:
(A) When applied to a laying hen, a period beginning at the time the laying hen comes into production at age six months rather than a period beginning when the laying hen is hatched; or (B) When applied to a brood cow, a period of nine months from the time the brood cow is able to conceive at age 12 months rather than a period beginning when the brood cow is born. (7) 'Lease-purchase agreement' means a financing agreement under which lessee payments are credited toward the purchase of agricultural equipment or that provides for a fixed amount purchase option to a lessee during the lease term. Under a lease-purchase agreement the title of ownership may remain with the lessor during the lease. (8) 'Producer' means any entity that produces farm products. (9) 'Qualified farm products' means livestock; crops; fruit or nut bearing trees, bushes, or plants; annual and perennial plants; Christmas trees; and plants and trees grown in

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nurseries for transplantation elsewhere. Qualified farm products shall not include standing timber. (b) The following property shall be exempt from all ad valorem property taxes in this state: (1) All farm products grown in this state and remaining in the hands of the producer during the one year beginning immediately after their initial production; (2) Harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured or aged for a period in excess of one year after harvesting and before manufacturing, and which are held in this state for manufacturing and processing purposes; (3) All qualified farm products grown in this state:
(A) Remaining in the hands of a family owned qualified farm products producer; (B) Still in their natural and unprocessed condition, unless processed solely for further use in the production of other qualified farm products; and (C) Not held for direct retail sale by someone other than the original family owned qualified farm products producer; and (4) Agricultural equipment."

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

Approved May 8, 2017.

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COURTS REQUIREMENTS AND CERTIFICATIONS FOR CERTAIN MAPS, PLATS, AND PLANS FOR FILING WITH CLERK OF SUPERIOR COURT.

No. 193 (House Bill No. 76).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain requirements and certifications for certain maps, plats, and plans presented for filing with the clerk of superior court; to provide for definitions; to change certain provisions relating to the information and certifications to be provided by land surveyors on certain documents; to provide for applicability; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as the "Georgia Plat and Condominium Plan Recording Act of 2017."

SECTION 2. 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) As used in this Code section, the term:
(1) 'Condominium plan' means a drawing that is required to be recorded prior to the first conveyance of a condominium unit pursuant to subsection (b) of Code Section 44-3-83, including, but not limited to, a condominium floor plan, condominium plot plan, or condominium site plan. (2) 'Plat' means a drawing prepared by a land surveyor that describes and depicts real property boundaries, including, but not limited to, a map, condominium plat, subdivision plat, as-built survey, easement survey, or retracement survey. (b) All plats and condominium plans submitted for filing with the clerk of superior court shall be submitted electronically. The clerk of superior court shall file and record plats and condominium plans 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. (c) Each plat and condominium plan to be filed and recorded in the office of the clerk of superior court shall be in conformance with the following requirements: (1) Format for plats and condominium plans. All images of a plat or condominium plan submitted for filing shall be at full size of the drawing scale stated thereon and shall:
(A) Be an electronic image of a plat or condominium plan 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; and (B) 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; (2) Required data for plats. Each plat shall 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 provide the following information: (A) The county where the property lies; (B) Any municipality wherein the property lies; (C) The name of the property owner or owners of the subject property as stated on the most current or applicable title instrument; (D) The type of plat; (E) The name of any subdivision if the property lies within a named subdivision or if the plat is creating a new subdivision;

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(F) The name of any condominium if the property is within a condominium development; (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 new subdivision or condominium; (I) All applicable land lots, land districts, sections, reserves, or militia districts wherein the platted property lies; (J) The date of initial preparation and issuance, and any revision dates, including a brief explanation of each revision; (K) The name, address, and telephone number of the land surveyor who prepared and sealed the plat and, if working for or through a firm, corporation, partnership, association, limited liability company, or other entity, then also the certificate of authorization number of that entity, in which case the address and telephone number of such entity are acceptable in lieu of the individual surveyor's address and telephone number; (L) The registration number of the land surveyor or a statement that he or she is the county surveyor and is not required by law to be a registered surveyor; (M) The seal of the land surveyor who has prepared the plat and is signing the surveyor certification, which shall be placed within or next to the surveyor certification box; (N) If the plat has multiple pages, the page number for each applicable page and the total number of sheets in the set shall be placed on each sheet in the same or similar location. The information required by this paragraph may be placed on all sheets or on different sheets within the set submitted for filing; and (O) The scale of the plat stated and shown graphically; and (3) Land surveyor certifications required for plats. (A) Surveyor certification box for plats. Each plat shall have depicted thereon a box which contains one of the following applicable certifications of the land surveyor:
(i) As required by subsection (d) of O.C.G.A. Section 15-6-67, this plat has been prepared by a land surveyor and approved by all applicable local jurisdictions for recording as evidenced by approval certificates, signatures, stamps, or statements hereon. Such approvals or affirmations should be confirmed with the appropriate governmental bodies by any purchaser or user of this plat as to intended use of any parcel. Furthermore, the undersigned land surveyor certifies that this plat complies with the minimum technical standards for property surveys in Georgia as set forth in the rules and regulations of the Georgia Board of Registration for Professional Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. (ii) As required by subsection (d) of O.C.G.A. Section 15-6-67, this plat has been prepared by a land surveyor. This plat has been approved by all applicable local jurisdictions that require prior approval for recording this type of plat or one or more of the applicable local jurisdictions do not require approval of this type of plat. For

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any applicable local jurisdiction that requires approval of this type of plat, the names of the individuals signing or approving this plat, the agency or office of that individual, and the date of approval are listed in the approval table shown hereon. For any applicable local jurisdiction that does not require approval of this type of plat, the name of such local jurisdiction and the number of the applicable ordinance or resolution providing that no such approval is required are listed in the approval table shown hereon. Such approvals, affirmations, or ordinance or resolution numbers should be confirmed with the appropriate governmental bodies by any purchaser or user of this plat as to intended use of any parcel. Furthermore, the undersigned land surveyor certifies that this plat complies with the minimum technical standards for property surveys in Georgia as set forth in the rules and regulations of the Georgia Board of Registration for Professional Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. (iii) This plat is a retracement of an existing parcel or parcels of land and does not subdivide or create a new parcel or make any changes to any real property boundaries. The recording information of the documents, maps, plats, or other instruments which created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies with the minimum technical standards for property surveys in Georgia as set forth in the rules and regulations of the Georgia Board of Registration for Professional Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. (iv) The property hereon lies completely within a jurisdiction which does not review or approve any plats or this type of plat prior to recording. RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies with the minimum technical standards for property surveys in Georgia as set forth in the rules and regulations of the Georgia Board of Registration for Professional Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. (B) Other certification information required for plats. (i) The land surveyor shall sign on a line immediately beneath the certification on the plat. At the discretion of the land surveyor and in conformity with local regulations, the surveyor may electronically sign the certification using a facsimile signature. The facsimile signature may be a reproduction of an original signature or an electronically created signature. If the land surveyor elects to use a facsimile signature, the surveyor must maintain full control over the application and use of such signature.

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(ii) Additional dates, certifications, and signatures, which may be electronically created signatures, may be placed on plats. Such certifications may include, but are not limited to, those that may be required by local jurisdictions or agencies, the United States Small Business Administration, the United States Department of Housing and Urban Development, and the American Land Title Association. (iii) The approval table required by division (c)(3)(A)(ii) of this Code section shall be data in a tabular format which shall include the name of each governmental body or agency that has approved the plat, the name of each individual who issued such approval, and the date that each approval was granted. (iv) Plats that meet the requirements of a municipal or county governing authority ordinance or resolution specifying that no approval of such plat is necessary prior to recording may be recorded using the certification set forth in division (c)(3)(A)(ii) or (c)(3)(A)(iv) of this Code section, as applicable. (v) In the case of a plat that is a retracement survey, the land surveyor shall state clearly the recording information of any document, map, plat, or other instrument which created any of the parcels depicted. The depiction of gores, overlaps, or other parcel delineation as may be necessary to remedy or address title issues or deficiencies shall be allowed as part of the retracement function. Plats that depict existing or proposed easements for utilities or for conservation purposes may be recorded using the certification set forth in division (c)(3)(A)(iii) of this Code section, provided that there are no changes to any real property boundaries. (vi) Plats bearing the certification provided for in division (c)(3)(A)(iii) of this Code section shall be entitled to recordation without further review or local approval. (d) 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 or land use regulations, or both, then no plat of a subdivision of land within the municipality or the county shall be presented for filing with the office of the clerk of superior court of a county without the approval of the municipal planning commission, county planning commission, municipal-county planning commission, or appropriate municipal or county governing authority. (e) Any land surveyor who fraudulently makes any certification required under this Code section shall, upon conviction thereof, be guilty of a misdemeanor. (f) 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. (g) 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. (h) The clerk of superior court shall be held harmless for the filing of any plat or condominium plan that fails to meet any requirement of this Code section.

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(i) Any plats or condominium plans prepared prior to the effective date of this Code section in compliance with previous statutory requirements may be recorded pursuant to this Code section so long as such documents are submitted as electronic images and presented to the clerk of superior court electronically."

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 8, 2017.

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CRIMES AND OFFENSES CRIMINAL PROCEDURE PENAL INSTITUTIONS TRAFFICKING OF INDIVIDUALS FOR SEXUAL SERVITUDE; PENALTIES FOR CERTAIN OFFENSES; MODEL NOTICE FOR HUMAN TRAFFICKING HOTLINE.

No. 194 (House Bill No. 341).

AN ACT

To amend Title 16 and Code Section 17-10-6.2 of the Official Code of Georgia Annotated, relating to crimes and offenses and punishment for sexual offenders, respectively, so as to change provisions relating to trafficking of individuals for sexual servitude; to change provisions relating to the model notice for the human trafficking hotline; to change provisions relating to punishment for other sexual offenses; to clarify provisions relating to the probation portion of a split sentence imposed for certain sexual offenses; to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, so as to provide a conforming cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsections (c) and (f) of Code Section 16-5-46, relating to trafficking of persons for labor or sexual servitude, as follows:
"(c) A person commits the offense of trafficking an individual for sexual servitude when that person knowingly:
(1) Subjects an individual to or maintains an individual in sexual servitude; (2) Recruits, entices, harbors, transports, provides, or obtains by any means an individual for the purpose of sexual servitude; or (3) Solicits by any means an individual to perform sexually explicit conduct on behalf of such person when such individual is the subject of sexual servitude." "(f)(1) Except as provided in paragraph (2) of this subsection, any person who commits the offense of trafficking an individual for labor 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. (2) Any person who commits the offense of trafficking an individual for labor servitude against an individual who is under 18 years of age and such individual under the age of 18 years was coerced or deceived into being trafficked for labor 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. (3) Except as provided in paragraph (4) of this subsection, any person who violates paragraph (1) or (2) of subsection (c) of this Code section 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. (4) Any person who violates paragraph (1) or (2) of subsection (c) of this Code section committed against an individual under 18 years of age and such individual under the age of 18 years was coerced or deceived into such violation or if such violation is committed against an individual who has a developmental disability, such 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. (5) Any person who violates paragraph (3) of subsection (c) of this Code section shall be guilty of a felony. When such offense is committed against an individual who is 16 or 17 years of age, upon conviction, such person shall be punished by imprisonment for not less than five nor more than 20 years. When such offense is committed against an individual who is younger than 16 years of age or an individual known to have a developmental disability, upon conviction, such person shall be punished by imprisonment for not less than ten nor more than 20 years."

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SECTION 2. Said title is further amended by revising subsection (c) and repealing subsection (e) of Code Section 16-5-47, relating to posting model notice with human trafficking hotline information in businesses and on the Internet, as follows:
"(c) The Georgia Bureau of Investigation shall develop a model notice that is available for download from its Internet website. Such notice shall be at least 8 1/2 inches by 11 inches in size and printed in a 16 point font in English, Spanish, and any other language deemed appropriate by the director of the Georgia Bureau of Investigation. Such model notice shall provide information giving individuals a method to contact the National Human Trafficking Hotline and the Statewide Georgia Hotline for Domestic Minor Trafficking."

SECTION 3. Said title is further amended by revising subsection (a) of Code Section 16-6-13, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, as follows:
"(a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of violating:
(1) Code Section 16-6-10 shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of imprisonment imposed may be suspended, stayed, or probated; (2) Code Section 16-6-9 shall be punished as for a misdemeanor; (3) Code Section 16-6-11 shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of imprisonment imposed may be suspended, stayed, or probated; or (4) Code Section 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of imprisonment imposed may be suspended, stayed, or probated."

SECTION 4. Said title is further amended by revising paragraph (1) of subsection (f) of Code Section 16-12-100, relating to sexual exploitation of children, as follows:
"(f)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00; provided, however, that if the person so convicted is a member of the immediate family of the victim, no fine shall be imposed. Any person punished as provided in this paragraph shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2."

SECTION 5. Code Section 17-10-6.2 of the Official Code of Georgia Annotated, relating to punishment for sexual offenders, is amended by revising subsections (a) and (b) as follows:

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"(a) As used in this Code section, the term 'sexual offense' means: (1) Aggravated assault with the intent to rape, in violation of Code Section 16-5-21; (2) False imprisonment, in violation of Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, in violation of Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, in violation of Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, in violation of subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, in violation of Code Section 16-6-5, unless subject to the provisions of subsection (c) of Code Section 16-6-5; (7) Sexual assault against persons in custody, in violation of Code Section 16-6-5.1; (8) Incest, in violation of Code Section 16-6-22; (9) A second or subsequent conviction for sexual battery, in violation of Code Section 16-6-22.1; or (10) Sexual exploitation of children, in violation of Code Section 16-12-100, unless subject to the provisions of paragraph (2) or (3) of subsection (f) of Code Section 16-12-100.
(b) Except as provided in subsection (c) of this Code section, and notwithstanding any other provisions of law to the contrary, any person convicted of a sexual offense shall be sentenced to a split sentence which shall include the minimum term of imprisonment specified in the Code section applicable to such sexual offense. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the court. Any such sentence shall include, in addition to the mandatory term of imprisonment, an additional probated sentence of at least one year; provided, however, that when a court imposes consecutive sentences for sexual offenses, the requirement that the court impose a probated sentence of at least one year shall only apply to the final consecutive sentence imposed. No person convicted of a sexual offense shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or any other provision of Georgia law relating to the sentencing of first offenders."

SECTION 6. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, is amended by revising subparagraph (a)(10)(B.1) and adding a new subparagraph to read as follows:
"(B.1) 'Dangerous sexual offense' with respect to convictions occurring between July 1, 2015, and June 30, 2017, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:

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(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) Trafficking a person for sexual servitude in violation of Code Section 16-5-46; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (B.2) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2017, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) Trafficking an individual for sexual servitude in violation of Code Section 16-5-46; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4;

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(ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor."

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

Approved May 8, 2017.

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INSURANCE PHARMACY BENEFITS MANAGERS; AUTHORIZE CERTAIN RULES AND REGULATIONS; PROHIBIT REQUIRING USE OF MAIL-ORDER PHARMACIES.

No. 195 (House Bill No. 276).

AN ACT

To amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Commissioner of Insurance to promulgate certain rules and regulations; to prohibit pharmacy benefits managers from requiring the use of mail-order pharmacies under certain conditions; to provide for exceptions; to provide for certain prohibitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by revising Code Section 33-64-7, relating to commissioner not authorized to extend rules and regulations and commissioner authorized to enforce provisions of chapter, as follows:
"33-64-7. The Commissioner may not enlarge upon or extend the specific provisions of this chapter through any act, rule, or regulation; provided, however, that the Commissioner is authorized to enforce any specific provision of this chapter and may promulgate rules and regulations to effectuate the specific provisions of this chapter."

SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"33-64-10. (a) When administering claims on behalf of group or blanket accident and sickness insurers subject to Chapter 30 of this title, a pharmacy benefits manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy. (b) Code Section 33-30-4.3 shall apply to individual accident and sickness policies issued pursuant to Chapter 29 of this title and, when administering claims on behalf of individual accident and sickness insurers subject to Chapter 29 of this title, a pharmacy benefits manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy. (c) This Code section shall not apply to:
(1) A care management organization, as defined in Chapter 21A of this title; (2) The Department of Community Health, as defined in Chapter 2 of Title 31; (3) The State Health Benefit Plan under Article 1 of Chapter 18 of Title 45; or (4) Any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies licensed under Code Section 26-4-110.1.

33-64-11. (a) A pharmacy benefits manager shall be proscribed from:
(1) Prohibiting a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for such insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. Neither a pharmacy nor a pharmacist shall be penalized by a pharmacy benefits manager for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available;

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(2) Prohibiting a pharmacist or pharmacy from offering and providing store direct delivery services to an insured as an ancillary service of the pharmacy; (3) Charging or collecting from an insured a copayment that exceeds the total submitted charges by the network pharmacy for which the pharmacy is paid; (4) Charging or holding a pharmacist or pharmacy responsible for a fee relating to the adjudication of a claim; (5) Recouping funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with the requirements set forth in Code Section 26-4-118, unless such recoupment is otherwise permitted or required by law; and (6) Penalizing or retaliating against a pharmacist or pharmacy for exercising rights under this chapter or Code Section 26-4-118. (b) To the extent that any provision of this Code section is inconsistent or conflicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply. (c) This Code section shall not apply to: (1) A care management organization, as defined in Chapter 21A of this title; (2) The Department of Community Health, as defined in Chapter 2 of Title 31; (3) The State Health Benefit Plan under Article 1 of Chapter 18 of Title 45; or (4) Any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies licensed under Code Section 26-4-110.1."

SECTION 3. This Act shall become effective on July 1, 2017, and shall apply to all contracts issued, delivered, or issued for delivery in this state on and after such date.

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

Approved May 8, 2017.

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INSURANCE AUTHORIZE COMMISSIONER OF INSURANCE TO PROMULGATE CERTAIN RULES AND REGULATIONS; PROHIBIT PHARMACY BENEFITS MANAGERS FROM REQUIRING USE OF MAIL-ORDER PHARMACIES.

No. 196 (Senate Bill No. 103).

AN ACT

To amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Commissioner of Insurance to promulgate certain rules and regulations; to prohibit pharmacy benefits managers from requiring the use of mail-order pharmacies under certain conditions; to provide for exceptions; to provide for certain prohibitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by revising Code Section 33-64-7, relating to commissioner not authorized to extend rules and regulations and commissioner authorized to enforce provisions of chapter, as follows:
"33-64-7. The Commissioner may not enlarge upon or extend the specific provisions of this chapter through any act, rule, or regulation; provided, however, that the Commissioner is authorized to enforce any specific provision of this chapter and may promulgate rules and regulations to effectuate the specific provisions of this chapter."

SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"33-64-10. (a) When administering claims on behalf of group or blanket accident and sickness insurers subject to Chapter 30 of this title, a pharmacy benefits manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy.

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(b) Code Section 33-30-4.3 shall apply to individual accident and sickness policies issued pursuant to Chapter 29 of this title and, when administering claims on behalf of individual accident and sickness insurers subject to Chapter 29 of this title, a pharmacy benefits manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy. (c) This Code section shall not apply to:
(1) A care management organization, as defined in Chapter 21A of this title; (2) The Department of Community Health, as defined in Chapter 2 of Title 31; (3) The State Health Benefit Plan under Article 1 of Chapter 18 of Title 45; or (4) Any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies licensed under Code Section 26-4-110.1.

33-64-11. (a) A pharmacy benefits manager shall be proscribed from:
(1) Prohibiting a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for such insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. Neither a pharmacy nor a pharmacist shall be penalized by a pharmacy benefits manager for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available; (2) Prohibiting a pharmacist or pharmacy from offering and providing store direct delivery services to an insured as an ancillary service of the pharmacy; (3) Charging or collecting from an insured a copayment that exceeds the total submitted charges by the network pharmacy for which the pharmacy is paid; (4) Charging or holding a pharmacist or pharmacy responsible for a fee relating to the adjudication of a claim; (5) Recouping funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with the requirements set forth in Code Section 26-4-118, unless such recoupment is otherwise permitted or required by law; and (6) Penalizing or retaliating against a pharmacist or pharmacy for exercising rights under this chapter or Code Section 26-4-118. (b) To the extent that any provision of this Code section is inconsistent or conflicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply. (c) This Code section shall not apply to: (1) A care management organization, as defined in Chapter 21A of this title; (2) The Department of Community Health, as defined in Chapter 2 of Title 31; (3) The State Health Benefit Plan under Article 1 of Chapter 18 of Title 45; or

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(4) Any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies licensed under Code Section 26-4-110.1."

SECTION 3. This Act shall become effective on July 1, 2017, and shall apply to all contracts issued, delivered, or issued for delivery in this state on and after such date.

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

Approved May 8, 2017.

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REVENUE AND TAXATION TITLE AD VALOREM TAX; FAIR MARKET VALUE OF LEASED VEHICLES.

No. 197 (House Bill No. 340).

AN ACT

To amend Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, so as to change the manner for determining fair market value of motor vehicles subject to the tax; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, is amended by deleting "or" at the end of subparagraph (a)(1)(C), striking the period and inserting "; or" at the end of subparagraph (a)(1)(D), and adding a new subparagraph to 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, as follows:
"(E) For a new motor vehicle that is leased, the total of the base payments pursuant to the lease agreement."

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SECTION 2. This Act shall become effective on January 1, 2018, and shall apply to all tax years beginning on and after such date.

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

Approved May 8, 2017.

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COURTS CRIMES AND OFFENSES PUBLIC OFFICERS AND EMPLOYEES INCREASED PUNISHMENT FOR CERTAIN CRIMES COMMITTED AGAINST
PUBLIC SAFETY OFFICERS; EXCLUSIVE JURISDICTION OVER CERTAIN OFFENSES; EARMARK PROCEEDS FROM CERTAIN
FINES; PROHIBIT CERTAIN ACTIONS AGAINST LAW ENFORCEMENT OFFICERS; INCREASE AMOUNTS FOR INDEMNIFICATION PAYMENTS.

No. 198 (Senate Bill No. 160).

AN ACT

To provide for increased punishment when certain crimes are committed against public safety officers; to amend Chapter 11 of Title 15, Title 16, and Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to the Juvenile Code, crimes and offenses, and payment of indemnification for death or disability of certain public safety officers, respectively, so as to provide the superior court with exclusive original jurisdiction for cases involving aggravated assault upon a public safety officer involving the use of a firearm and aggravated battery upon a public safety officer; to allow a superior court the discretion to transfer such cases back to juvenile court; to clarify the definitions of a class A or class B designated felony act in light of the jurisdictional changes; to provide for definitions; to change provisions relating to aggravated assault and aggravated battery and provide for mandatory terms of imprisonment and fines under certain circumstances; to earmark money collected from certain fines to the Georgia State Indemnification Fund; to change provisions relating to obstructing or hindering law enforcement officers and increase the punishment for subsequent convictions; to provide for the offense of, and criminal penalties for, placing human or animal excreta upon law enforcement officers; to change provisions relating to a riot in a penal institution; to increase the amount of payment of indemnification for death or disability; to provide for 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:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "Back the Badge Act of 2017."

PART II SECTION 2-1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising subparagraphs (A) and (B) of paragraph (12) and subparagraph (A) of paragraph (13) of Code Section 15-11-2, relating to definitions, as follows: "(A)(i) Aggravated assault in violation of paragraph (3) of subsection (a) of Code Section 16-5-21; (ii) Aggravated assault in violation of paragraph (1) or (4) of subsection (a) of Code Section 16-5-21 other than upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-21, not involving a firearm; or (iii) Aggravated assault upon an individual or situation described in subsection (d), (h), or (k) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, actually does result in serious bodily injury, provided that such deadly weapon is not a firearm; and provided, further, that such injured person is not a public safety officer as defined in Code Section 16-5-19 and such acts are not prohibited under subsection (c) of Code Section 16-5-21; (B) Aggravated battery not upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-24;" "(A)(i) Aggravated assault in violation of subsection (e), (f), or (i) of Code Section 16-5-21; or (ii) Aggravated assault involving an assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, would be likely to result in serious bodily injury but which did not result in serious bodily injury;"

SECTION 2-2. Said chapter is further amended in Code Section 15-11-560, relating to concurrent and original jurisdiction of superior court, by revising subsection (b) and paragraph (1) of subsection (e) and adding a new subsection to read as follows:
"(b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(1) Murder; (2) Murder in the second degree; (3) Voluntary manslaughter;

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(4) Rape; (5) Aggravated sodomy; (6) Aggravated child molestation; (7) Aggravated sexual battery; (8) Armed robbery if committed with a firearm; (9) Aggravated assault if committed with a firearm upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-21; or (10) Aggravated battery upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-24." "(e)(1) After indictment, the superior court may after investigation transfer to the juvenile court any case involving a child 13 to 17 years of age alleged to have committed any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of this Code section. In considering the transfer of such case, the court shall consider the criteria set forth in Code Section 15-11-562. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate." "(h) As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge."

SECTION 2-3. Said chapter is further amended by revising subsection (a) of Code Section 15-11-561, relating to waiver of juvenile court jurisdiction and transfer to superior court, as follows:
"(a) After a petition alleging delinquency has been filed but before the adjudication hearing, on its own motion or on a motion by a prosecuting attorney, the court may convene a hearing to determine whether to transfer the offense to the appropriate superior court for criminal trial if the court determines that:
(1) There is probable cause to believe that a child committed the alleged offense; (2) Such child is not committable to an institution for the developmentally disabled or mentally ill; and (3) The petition alleges that such child:
(A) Was at least 15 years of age at the time of the commission of the offense and committed an act which would be a felony if committed by an adult; or (B) Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to an alleged victim who is not a public safety officer as such term is defined in Code Section 16-5-19."

SECTION 2-4. Said chapter is further amended by revising subsection (a) of Code Section 15-11-562, relating to transfer criteria, as follows:

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"(a) The criteria that the juvenile court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to superior court and the criteria that the superior court shall consider in determining whether to transfer any case involving a child 13 to 17 years of age alleged to have committed any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code Section 15-11-560 includes, but shall not be limited to:
(1) The age of such child; (2) The seriousness of the alleged offense, especially if personal injury resulted; (3) Whether the protection of the community requires transfer of jurisdiction; (4) Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner; (5) The impact of the alleged offense on the alleged victim, including the permanence of any physical or emotional injury sustained, health care expenses incurred, and lost earnings suffered; (6) The culpability of such child including such child's level of planning and participation in the alleged offense; (7) Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that such child may be beyond rehabilitation in the juvenile justice system; (8) The record and history of such child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements; (9) The sophistication and maturity of such child as determined by consideration of his or her home and environmental situation, emotional condition, and pattern of living; (10) The program and facilities available to the juvenile court in considering disposition; and (11) Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court."

PART III SECTION 3-1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Article 2 of Chapter 5, relating to assault and battery, by adding a new Code section to read as follows:
"16-5-19. As used in this article, the term:
(1) 'Correctional officer' means any person who is authorized to exercise the power of arrest and who is employed or appointed by the Department of Corrections or the State Board of Pardons and Paroles.

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(2) 'Emergency health worker' means hospital emergency department personnel and emergency medical services personnel. (3) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2. (4) 'Highway emergency response operator' means an individual employed by the Department of Transportation who operates a towing or recovery vehicle or highway maintenance vehicle. (5) 'Jail officer' means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility. (6) 'Juvenile correctional officer' means any person employed or appointed by the Department of Juvenile Justice who has the primary responsibility for the supervision and control of youth confined in its programs and facilities. (7) 'Officer of the court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or court interpreter. (8) 'Probation officer' means 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. (9) 'Public safety officer' means peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, or probation officer. (10) 'Public transit vehicle' shall have the same meaning as set forth in Code Section 16-5-20. (11) 'Strangulation' means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person."

SECTION 3-2. Said title is further amended by revising Code Section 16-5-21, relating to aggravated assault, as follows:
"16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; (3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or (4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c) through (k) 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.

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(c)(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:
(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years and shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; (B) When such assault does not involve the discharge of a firearm by a person who is at least 17 years of age, and does not involve only the use of the person's body, such person shall be punished by imprisonment for not less than five nor more than 20 years and, for persons who are at least 17 years of age, shall be sentenced to a mandatory minimum term of imprisonment of three years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; or (C) When such assault occurs only involving the use of the person's body, by imprisonment for not less than five nor more than 20 years. (2) A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. (3) As used in this subsection, the term 'firearm' means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (f) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto,

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including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar. (g) Except as provided in subsection (c) of this Code section, a person convicted of an offense described in paragraph (4) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (j) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (k) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."

SECTION 3-3. Said title is further amended by revising Code Section 16-5-24, relating to aggravated battery, as follows:
"16-5-24. (a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (b) Except as provided in subsections (c) through (g) 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.
(c)(1) A person who knowingly commits the offense of aggravated battery upon a public safety officer while the public safety officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years; provided, however, that for

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persons who are at least 17 years of age, a mandatory minimum term of imprisonment of three years shall be imposed and no portion of the mandatory minimum sentence shall be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum. (2) A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (e) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (g) If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years."

SECTION 3-4. Said title is further amended by revising Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, as follows:
"16-10-24. (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer, prison guard, jailer, correctional 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, or conservation ranger in the lawful discharge of his or her official duties shall be guilty of a misdemeanor. (b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or

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Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or conservation ranger in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. (c) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional 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, or conservation ranger in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. (d) A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45."

SECTION 3-5. Said title is further amended by revising Code Section 16-10-56, relating to riot in a penal institution, as follows:
"16-10-56. (a) As used in this Code section, the term 'penal institution' means any place of confinement for persons accused of or convicted of violating a law of this state or an ordinance of a municipality or political subdivision of this state. (b) No person legally confined to a penal institution shall commit an unlawful act of violence or any other act in a violent or tumultuous manner in a penal institution. (c) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one year nor more than 20 years."

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PART IV SECTION 4-1.

Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability, procedure for making payments, and appeal, is amended by revising paragraph (3) of subsection (a) as follows:
"(3) In the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $150,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum."

PART V SECTION 5-1.

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

Approved May 8, 2017.

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CRIMES AND OFFENSES WEAPONS CARRY LICENSES; FORMER LAW ENFORCEMENT OFFICERS.

No. 199 (Senate Bill No. 15).

AN ACT

To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to weapons carry license, temporary renewal permit, mandamus, and verification of license, so as to add to the category of former law enforcement officers who are entitled to be issued a weapons carry license without the payment of certain fees; to provide conditions; 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 16-11-129 of the Official Code of Georgia Annotated, relating to weapons carry license, temporary renewal permit, mandamus, and verification of license, is amended by revising subsection (h) as follows:
"(h)(1) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least:
(A) Ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer; or (B) Ten years and left such employment as a result of a disability arising in the line of duty; and retired or left such employment in good standing with a state or federal certifying agency and receives benefits under the Peace Officers' Annuity and Benefit Fund provided for under Chapter 17 of Title 47 or from a county, municipal, State of Georgia, state authority, federal, private sector, individual, or educational institution retirement system or program shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. (2) Such person as provided for in paragraph (1) of this subsection shall comply with all the other provisions of this Code section relative to the issuance of such licenses, including, but not limited to the requirements under paragraph (2) of subsection (b) of this Code section. Any person seeking to be issued a license pursuant to this subsection shall state his or her qualifications for eligibility under this subsection on his or her application under oath as provided for in subsection (a) of this Code section. (3) As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers."

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

Approved May 8, 2017.

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HEALTH REVENUE AND TAXATION REPORTING REQUIREMENTS FOR RURAL HOSPITALS; REVISE AMOUNT AND PROCEDURES, CONDITIONS, AND LIMITATIONS FOR RURAL HOSPITAL ORGANIZATION INCOME TAX CREDIT.

No. 200 (Senate Bill No. 180).

AN ACT

To amend Article 1 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for the indigent generally, so as to provide for a definition; to provide for an additional reporting requirement for rural hospitals; 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 provide for procedures, conditions, and limitations; to provide for definitions; to change certain amounts eligible for the rural hospital organization income tax credit; 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 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 repealing Code Section 31-8-9.1, relating to tax credits for donations to certain rural hospitals, and enacting a new Code Section 31-8-9.1 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 50,000 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;

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(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 (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:
(i) All contributions received from individual and corporate donors pursuant to Code Section 48-7-29.20 detailing the manner in which the contributions received were expended by the rural hospital organization; and (ii) Any payments made to a third party to solicit, administer, or manage the donations received by the rural hospital organization pursuant to this Code section or Code Section 48-7-29.20. In no event shall payments made to a third party to solicit, administer, or manage the donations received pursuant to this Code section exceed 3 percent of the total amount of the donations. (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."

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SECTION 2. Said article is further amended by revising subsections (b), (c), and (e) of Code Section 48-7-29.20, relating to tax credits for contributions to rural hospital organizations, as follows:
"(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, 90 percent of the actual amount expended or $5,000.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, 90 percent of the actual amount expended or $10,000.00 per tax year, whichever is less. (c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified rural hospital organization expenses in an amount not to exceed 90 percent of the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less." "(e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $60 million in 2017, $60 million in 2018, and $60 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 within 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

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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)(A) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection and the individual rural hospital organization limit established under paragraph (2) of this subsection. (B) Any taxpayer preapproved by the department pursuant to subsection (e) of this Code section shall retain their approval in the event the credit percentage in subsection (b) of this Code section is modified for the year in which the taxpayer was preapproved. (C) Upon the rural hospital organization's confirmation of receipt of donations that have been preapproved by the department, any taxpayer preapproved by the department pursuant to subsection (c) of this Code section shall receive the full benefit of the income tax credit established by this Code section even though the rural hospital organization to which the taxpayer made a donation does not properly comply with the reports or filings required by this Code section. (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."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2017; provided, however, that paragraph (2) of subsection (a) of Code Section 31-8-9.1, relating to tax credits for donations to certain rural hospitals, shall become effective on January 1, 2018.

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

Approved May 8, 2017.

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COMMERCE AND TRADE STANDARDS FOR REASONABLE COMPENSATION BY FRANCHISORS, MANUFACTURERS, DISTRIBUTORS, AND THIRD PARTIES FOR PARTS AND LABOR FOR WARRANTY SERVICE WORK BY DEALER; PAYMENTS AFTER STOP-SALE AND DO NOT DRIVE ORDERS.

No. 201 (House Bill No. 469).

AN ACT

To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to provide standards for reasonable compensation by a franchisor, manufacturer, distributor, or third party for parts and labor for warranty service work by a dealer; to provide for payments after a stop-sale or do not drive order of a motor vehicle in certain instances; to provide for right of first refusal; to correct a cross-reference; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, is amended by revising Code Section 10-1-641, relating to dealer's predelivery preparation, warranty service, and recall work obligations to be provided in writing, and recovery costs, as follows:
"10-1-641. (a)(1) Each franchisor, manufacturer, or distributor: (A) Shall specify in writing to each of its dealers in this state the dealer's obligations for predelivery preparation including the repair of damages incurred in the transportation of vehicles as set forth in Code Section 10-1-642, recall work, and warranty service on its products; (B) Shall reasonably compensate the dealer for parts and labor provided for such warranty service work as provided in paragraph (2) of this subsection; (C) Shall provide the dealer with a schedule of compensation to be paid such dealer for parts, work, and service in connection therewith; and (D) Shall provide the dealer with a schedule of the time allowance for the performance of such work and service. Any such schedule of compensation shall include reasonable compensation for diagnostic work, repair service, and labor. Time allowances for the diagnosis and performance of such work and service shall be reasonable and adequate for the work to be performed.

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(2)(A) In the determination of what constitutes reasonable compensation for parts and labor under this Code section, the principal factors to be considered shall be the retail rates customarily charged by the dealer, as established pursuant to this paragraph, and the rates for parts and labor charged by other similarly situated franchised dealers in a comparable geographic area in this state offering the same line-make vehicles. (B) The retail rate customarily charged by the dealer for parts shall be established by the dealer submitting to the franchisor, manufacturer, or distributor 100 sequential nonwarranty customer-paid service repair orders which contain warranty-like repairs or 90 consecutive days of nonwarranty customer-paid service repair orders which contain warranty-like parts, whichever is less. Such service repair orders shall cover repairs made no more than 180 days before the submission. If the franchisor, manufacturer, or distributor determines, from any set of repair orders submitted under this subparagraph, that the retail markup rate for parts calculated is substantially higher or lower than the rate currently on record with the franchisor, manufacturer, or distributor, then the franchisor, manufacturer, or distributor may request additional documentation for a period of either 60 days prior to or 60 days subsequent to the time period for which the repair orders were submitted for purposes of an adjustment. The dealer's retail rate percentage for parts shall be calculated by determining the dealer's total parts sales in the submitted repair orders and dividing that amount by the dealer's total cost for purchase of those parts, subtracting one from that amount, and then multiplying by 100. The declared retail rate shall be approved or disapproved within 30 days following submission by the dealer. The declared retail rate shall go into effect 30 days following approval by the franchisor, manufacturer, or distributor, unless such franchisor, manufacturer, or distributor disapproves and timely contests the dealer's declared rate. If a franchisor, manufacturer, or distributor fails to disapprove within 30 days following submission by the dealer, the declared retail rate shall be deemed approved. A franchisor, manufacturer, or distributor may contest the dealer's declared parts rate not later than 30 days after submission and declaration of the parts rate by the dealer by reasonably substantiating that the rate is unreasonable in light of the practices of all other similarly situated franchised dealers in a comparable geographic area in this state offering the same line-make vehicles. In contesting the dealer's declared rate, a franchisor, manufacturer, or distributor shall provide a written explanation of the reasons for disagreement with the declared rate. If the declared parts rate is contested, then the franchisor, manufacturer, or distributor shall propose an adjustment of the rate. If the franchisor, manufacturer, or distributor contests the dealer's declared parts rate, the parties shall attempt to resolve the dispute through an internal dispute resolution procedure of the franchisor, manufacturer, or distributor, if available, provided that such procedure occurs within a reasonable amount of time, not to exceed 30 days after notification of disagreement with the dealer's declared rate. If the internal dispute resolution procedure is unsuccessful or does not occur in a timely manner, the dealer may file a petition with the commissioner not later than 60 days after receipt of the

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proposed adjustment by the franchisor, manufacturer, or distributor or not later than 30 days after conclusion of the internal dispute resolution procedure, whichever is later. If such a petition is filed, the commissioner shall inform the franchisor, manufacturer, or distributor that a timely petition has been filed and that a hearing will be held on such issue. In any hearing held pursuant to this subparagraph, the burden of proof shall be upon the franchisor, manufacturer, or distributor to demonstrate that the parts rate declared by the dealer was unreasonable and not in accordance with this subparagraph. (C) The retail rate customarily charged by the dealer for labor may be established by submitting to the franchisor, manufacturer, or distributor 100 sequential nonwarranty customer-paid service repair orders for warranty-like repairs or 90 consecutive days of customer-paid service repair orders for warranty-like repairs, whichever is less. Such service repair orders shall cover repairs made no more than 180 days before the submission. If the franchisor, manufacturer, or distributor determines, from any set of repair orders submitted under this subparagraph, that the retail rate for labor calculated is substantially higher or lower than the rate currently on record with the franchisor, manufacturer, or distributor, then the franchisor, manufacturer, or distributor may request additional documentation for a period of either 60 days prior to or 60 days subsequent to the time period for which the repair orders were submitted for purposes of an adjustment. The retail rate for labor shall be calculated by determining the dealer's total labor sales from the submitted repair orders and dividing that amount by the total number of hours that generated those sales. The declared retail labor rate shall be approved or disapproved within 30 days following submission by the dealer. The declared retail labor rate shall take effect 30 days following approval by the franchisor, manufacturer, or distributor unless such franchisor, manufacturer, or distributor disapproves and timely contests the dealer's declared rate. A franchisor, manufacturer, or distributor may contest the dealer's declared labor rate not later than 30 days after submission and declaration of the labor rate by the dealer by reasonably substantiating that such rate is unreasonable in light of the practices of all other similarly situated franchised motor vehicle dealers in a comparable geographic area in this state offering the same line-make vehicles. If the declared labor rate is contested, then the franchisor, manufacturer, or distributor shall propose an adjustment of the declared retail labor rate. If the franchisor, manufacturer, or distributor contests the dealer's declared labor rate, the parties shall attempt to resolve the dispute through an internal dispute resolution procedure of the franchisor, manufacturer, or distributor, if available, provided that such procedure occurs within a reasonable amount of time not to exceed 30 days after notification of disagreement with the dealer's declared rate. If the internal dispute resolution procedure is unsuccessful or does not occur in a timely manner, the dealer may file a petition with the commissioner not later than 60 days after receipt of the proposed adjustment by the franchisor, manufacturer, or distributor or not later than 30 days after conclusion of the internal dispute resolution procedure, whichever is later. If such a petition is filed, the commissioner shall inform the franchisor, manufacturer,

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or distributor that a timely petition has been filed and that a hearing will be held on such issue. In any hearing held pursuant to this subparagraph, the burden of proof shall be upon the franchisor, manufacturer, or distributor to demonstrate that the labor rate declared by the dealer was unreasonable and not in accordance with this subparagraph. (D) In calculating the retail rate customarily charged by the dealer for parts and labor for purposes of this paragraph, the following work shall not be included in the calculation:
(i) Repairs for franchisor, manufacturer, or distributor special events, specials, or promotional discounts for retail customer repairs; (ii) Parts sold at wholesale; (iii) Routine maintenance not covered under any retail customer warranty, such as fluids, filters, and belts not provided in the course of repairs; (iv) Nuts, bolts, fasteners, and similar items which contain no individual part number; (v) Tires; and (vi) Vehicle reconditioning. (E) If a franchisor, manufacturer, or distributor furnishes a part or component to a dealer to use in performing repairs under a recall, campaign service action, or warranty repair at no cost to the dealer, the franchisor, manufacturer, or distributor shall compensate the dealer for the authorized repair part or component in the same manner as warranty parts compensation under this Code section by paying the dealer the retail rate markup on the cost for the part or component as listed in the price schedule of the franchisor, manufacturer, or distributor less the cost for the part or component. (F) No franchisor, manufacturer, or distributor shall require a dealer to establish the retail rate customarily charged by the dealer for parts and labor by an unduly burdensome or time consuming method or by requiring information that is unduly burdensome or time consuming to provide, including, but not limited to, part-by-part or transaction-by-transaction calculations. No dealer shall declare a retail rate for parts or labor or both more than once in one calendar year. (b)(1) Franchisors, manufacturers, and distributors shall include in written notices of factory recalls to dealers the expected date by which necessary parts and equipment will be available to dealers for the repair or replacement of recalled parts and equipment. Franchisors, manufacturers, and distributors shall compensate any dealers in this state for repairs affected by all recalls. (2) All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the franchisor, manufacturer, or distributor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days. (c) Subject to subsection (c) of Code Section 10-1-645, a franchisor, manufacturer, or distributor shall not otherwise recover its costs from dealers within this state, including a surcharge imposed on a dealer solely intended to recover the cost of reimbursing the dealer for parts and labor pursuant to this Code section, provided that a franchisor, manufacturer,

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or distributor shall not be prohibited from increasing prices for vehicles or parts in the normal course of business.
(d)(1) For purposes of this subsection, the term 'stop-sale' means a notification issued by a manufacturer to its franchised dealers stating that certain used motor vehicles in inventory shall not be sold or leased, at either retail or wholesale, due to a federal safety recall for a defect or a noncompliance or a federal emissions recall. (2) A franchisor, manufacturer, or distributor shall compensate its dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be reasonable. If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by a dealer authorized to sell and service new motor vehicles of the same line-make within 30 days of the manufacturer issuing the initial notice of recall, and the manufacturer has issued a stop-sale or do not drive order on the vehicle, the manufacturer shall compensate the dealer at a prorated rate of at least 1 percent of the value of the vehicle per month beginning on the date that is 30 days after the date on which the stop-sale or do not drive order was provided to the dealer to the earlier of the date the recall or repair parts or remedy are made available or the date the dealer sells, trades, transfers, or otherwise disposes of the affected used motor vehicle. (3) The value of a used motor vehicle shall be the average trade-in value for used motor vehicles as indicated in an independent third party guide for the year, make, and model of the recalled vehicle. (4) This subsection shall apply only to used motor vehicles subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and regulations adopted thereunder and where a stop-sale or do not drive order has been issued and repair parts or remedy remain unavailable for 30 days or longer. (5) This subsection shall apply only to dealers holding an affected used motor vehicle for sale in inventory at the time a stop-sale or do not drive order is issued or which was taken into the used motor vehicle inventory of the dealer as a consumer trade-in incident to the purchase of a new motor vehicle from the dealer after the stop-sale or do not drive order was issued, and that are a line-make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs. (6) It shall be a violation of this subsection for a manufacturer to reduce the amount of compensation otherwise owed to an individual dealer, whether through a chargeback, removal of the individual dealer from an incentive program, or reduction in amount owed under an incentive program, solely because the dealer has submitted a claim for reimbursement under this subsection. The provisions under this subsection shall not apply to an action by a manufacturer that is applied uniformly among all dealers of the same line-make in this state. (7) All reimbursement claims made by dealers pursuant to this subsection for recall remedies or repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a stop-sale shall be subject to the same limitations and requirements as a warranty reimbursement claim made under this subsection. In the

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alternative, a manufacturer may compensate its franchised dealers under a national recall compensation program provided the compensation under the program is equal to or greater than that provided under this subsection; or the manufacturer and dealer otherwise agree. (8) A manufacturer may direct the manner and method in which a dealer must demonstrate the inventory status of an affected used motor vehicle to determine eligibility under this subsection, provided that the manner and method may not be unduly burdensome and may not require information that is unduly burdensome to provide. (9) Nothing in this subsection shall require a manufacturer to provide total compensation to a dealer which would exceed the total average trade-in value of the affected used motor vehicle as originally determined under paragraph (3) of this subsection. (10) Any remedy provided to a dealer under this subsection is exclusive and may not be combined with any other state or federal recall compensation remedy."

SECTION 2. Said article is further amended by revising Code Section 10-1-663.1, relating to right of first refusal, as follows:
"10-1-663.1. (a) Notwithstanding the terms of any franchise agreement, sales and services agreement, or similar agreement, a franchisor, manufacturer, or distributor shall be permitted to exercise a right of first refusal to acquire a dealer's assets or ownership, in the event of a proposed change of ownership, or transfer of dealership assets, if all of the following requirements are met:
(1) The proposed transfer of the dealership or its assets is of more than 50 percent of the ownership or assets; (2) The franchisor notifies the dealer in writing within 60 days of its receipt of the complete written proposal for the proposed sale or transfer on forms generally utilized by the franchisor for such purpose and containing the information required therein and all documents and agreements relating to the proposed sale or transfer; (3) The exercise of the right of first refusal will result in the dealer and dealer's owners receiving the same or greater consideration as provided for through the terms of the contract related to the proposed change of ownership or transfer of dealership assets; (4) The proposed change of 50 percent or more of the ownership or of the dealership assets does not involve the transfer or sale of assets or the transfer or issuance of stock by the dealer or one or more dealer owners to a designated family member or members, including a spouse, child, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer owner; to a manager who has been employed in the dealership for at least four years and is otherwise qualified as a dealer operator; or to a partnership or corporation owned and controlled by one or more of such persons; (5) The franchisor agrees to pay the reasonable expenses, including reasonable attorney's fees, which do not exceed the usual customary, and reasonable fees charged for similar

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work done for other clients incurred by the proposed new owner and transferee before the franchisor's exercise of its right of first refusal in negotiating and implementing the contract for the proposed change of ownership or transfer of dealership assets. However, payment of such expenses and attorney's fees shall not be required if the dealer has not submitted or caused to be submitted an accounting of those expenses within 20 days after the dealer's receipt of the franchisor's written request for such an accounting. Such an accounting may be requested by the franchisor before exercising its right of first refusal; and (6) The franchisor agrees to comply with and be subject to the requirements and restraints as set forth in paragraphs (1) and (2) of subsection (a) of Code Section 10-1-664.1 and in subsection (b) of Code Section 10-1-664.1. (b) Within the terms of a right of first refusal contract related to the proposed change of ownership or transfer of dealership assets: (1) The franchisor, manufacturer, or distributor shall have the right to assume the dealer's lease for, or acquire the real property on which the franchise is located, on the same terms as those on which the real property or lease was to be sold or transferred to the proposed new owner in connection with the sale of the franchise, unless otherwise agreed to by the dealer and manufacturer or distributor. The franchisor, manufacturer, or distributor shall have the right to assign the lease or to convey the real property; and (2) The franchisor, manufacturer, or distributor shall assume all of the duties, obligations, and liabilities contained in the agreements that were to be assumed by the proposed new owner and with respect to which the franchisor, manufacturer, or distributor exercised the right of first refusal, provided that the franchisor, manufacturer, or distributor has knowledge of such obligations at the time of the exercise of the right of first refusal."

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

Approved May 8, 2017.

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DOMESTIC RELATIONS SAFE PLACES FOR NEWBORNS; ADD FIRE STATIONS AND POLICE STATIONS; ALLOW MOTHER TO DECLINE TO GIVE NAME AND ADDRESS.

No. 202 (House Bill No. 391).

AN ACT

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise provisions relating to safe place for newborns; to expand the locations where a newborn child can be left to include fire stations and police stations; to provide for definitions; to allow the mother to decline to provide her name and address when a child is left in the physical custody of certain facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Chapter 10A, relating to safe place for newborns, as follows:

"CHAPTER 10A

19-10A-1. This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2002.'

19-10A-2. As used in this chapter, the term:
(1) 'Fire station' means a facility of any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. (2) 'Medical facility' means any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or facility where human births occur on a regular and ongoing basis which is classified by the Department of Community Health as a birthing center, but shall not mean physicians' or dentists' private offices. (3) 'Police station' means a facility of any sheriff's office, municipal police department, or county police department.

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19-10A-3. It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a mother who abandons the newborn.

19-10A-4. A mother shall not be prosecuted for violating Code Section 16-5-70, 16-12-1, or 19-10-1 because of the act of leaving her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility, fire station, or police station who is on duty, whether there in a paid or volunteer position, provided that the newborn child is no more than 30 days old and the mother shows proof of her identity, if willing, to the person with whom the newborn is left and provides her name and address, if willing.

19-10A-5. The Department of Human Services shall investigate and report to the General Assembly as to children left with a medical facility, fire station, or police station pursuant to Code Section 19-10A-4, including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities, fire stations, and police stations concerning the acts and consequences thereof contemplated in Code Section 19-10A-4.

19-10A-6. A medical facility which accepts for inpatient admission or a fire station or police station which accepts a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility, fire station, or police station shall notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The Department of Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 15-11-145.

19-10A-7. Medical facilities, fire stations, and police stations and their employees, agents, and staff members shall not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided for in this chapter. The immunity provided in this chapter shall in no way be construed as providing immunity for any acts of negligent treatment of the child taken into custody."

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

Approved May 8, 2017.

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LABOR AND INDUSTRIAL RELATIONS AUTHORIZE USE OF SICK LEAVE TO CARE FOR IMMEDIATE FAMILY MEMBERS.

No. 203 (Senate Bill No. 201).

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 allow employees to use sick leave for the care of immediate family members; to provide for definitions; to provide for conditions to take leave; to provide for applicability; to provide for automatic repeal; 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 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:
"34-1-10. (a) As used in this Code section, the term:
(1) 'Employee' means an individual who works for salary, wages, or other remuneration for an employer for at least 30 hours per week. (2) 'Employee stock ownership plan' shall have the same meaning as provided in Section 4975(e)(7) of the Internal Revenue Code, 26 U.S.C. Section 4975(e)(7). (3) 'Employer' means any individual or entity that employs 25 or more employees and shall include the State of Georgia and its political subdivisions and instrumentalities. (4) 'Immediate family member' means an employee's child, spouse, grandchild, grandparent, or parent or any dependents as shown in the employee's most recent tax return. (5) 'Sick leave' means time away from work by an employee, due to his or her own incapacity, illness, or injury, for which the employee receives his or her regular salary,

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wages, or other remuneration. The term 'sick leave' shall not include paid short-term or long-term disability. (b) An employer that provides sick leave shall allow an employee to use such sick leave for the care of an immediate family member; provided, however, that nothing in this Code section shall be construed to require an employer to offer sick leave or to require an employer to allow an employee to use more than five days of earned sick leave per calendar year for the care of an immediate family member. (c) An employee shall not be entitled to use sick leave under this Code section until that leave has been earned. Any employee who uses such sick leave shall comply with the terms of the employer's employee sick leave policy. (d) Nothing in this Code section shall be construed to create a new cause of action against an employer. (e) This Code section shall not apply to any employer that offers to their employees an employee stock ownership plan. (f) This Code section shall be repealed in its entirety on July 1, 2020, unless extended by an Act of the General Assembly.

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

Approved May 8, 2017.

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PUBLIC OFFICERS AND EMPLOYEES QUALIFICATIONS FOR OFFICE; HOLDERS OF PUBLIC MONEY.

No. 204 (Senate Bill No. 258).

AN ACT

To amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for office, so as to provide for ineligibility for office for holders of public money of certain governmental entities who refuse or fail to account and pay over such funds to the proper officer; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for office, is amended by revising paragraph (2) of Code Section 45-2-1, relating to persons ineligible to hold civil office, vacation of office, and validity of acts performed while in office, as follows:
"(2) All holders or receivers of public money of this state or any county, school district, or municipality thereof who have refused or failed when called upon after reasonable opportunity to account for and pay over the same to the proper officer;".

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 8, 2017.

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REVENUE AND TAXATION TAX CREDITS FOR REVITALIZATION OF VACANT RURAL DOWNTOWNS.

No. 205 (House Bill No. 73).

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 taxation, so as to provide tax credit incentives to promote the revitalization of vacant rural Georgia downtowns by encouraging investment, job creation, and economic growth in long-established business districts; to provide for definitions; to delineate procedures, conditions, eligibility, and limitations; to provide for powers, duties, and authority of the commissioner of community affairs, the commissioner of economic development, and the revenue commissioner; to provide for related matters; to provide for an effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. 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 taxation, is amended by adding a new Code section to read as follows:
"48-7-40.32. (a) As used in this Code section, the term:
(1) 'Certified entity' means any eligible business which establishes a new location within a revitalization zone on or after January 1, 2018, or any existing eligible business located within a revitalization zone that expands its operations, and which:
(A) Has created at least two new full-time equivalent jobs in a taxable year; and (B) Has been certified by the commissioner of community affairs as eligible to receive the revitalization zone tax credit based on established criteria in this Code section and promulgated in regulations by the commissioner of community affairs. Such certification shall be attached to the income tax return when the credit is claimed. (2) 'Certified investor' means an investor or investors who: (A) Acquire and develop real estate within a designated revitalization zone; and (B) Have been certified by the commissioner of community affairs as eligible to receive the revitalization zone tax credit based on criteria established in this Code section and promulgated in regulations by the commissioner of community affairs. Such certification shall be attached to the income tax return when the credit is claimed. (3) 'Eligible business' means any establishment that is primarily engaged in providing professional services or in retailing merchandise and rendering services incidental to the sale of merchandise, including but not limited to the North American Industry Classification System Codes 31, 44-45, 54, and 72. (4) 'Full-time equivalent' means an aggregate of employee hours worked totaling 40 hours per week, the equivalent of one full-time job. (5) 'Local government' means a county, municipality, or consolidated local government created pursuant to Article IX, Sections I, II, or III of the Constitution; applicable general state statutes; a local Act of the General Assembly; or such other method as was valid at the time of its creation. (6) 'Qualified rehabilitation expenditure' means labor and material costs associated with the rehabilitation of a certified investor property which: (A) Complies with the state minimum standard codes and any applicable local codes; and (B) Has been certified by the commissioner of community affairs as eligible to receive the revitalization zone tax credit based on established criteria in this Code section and promulgated in regulations by the commissioner of community affairs. Such certification shall be attached to the income tax return when the credit is claimed. (7) 'Revitalization zone' means a specified geographic region that meets all criteria provided by this Code section and has been designated by the commissioner of

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community affairs and the commissioner of economic development to be in need of economic revitalization. (b) The commissioner of community affairs and the commissioner of economic development are authorized to designate a specified area as a revitalization zone, enabling new and established businesses and new business investments in the zone to qualify for revitalization zone tax credits. The commissioner of community affairs and the commissioner of economic development may designate up to ten revitalization zones in any given year; provided, however, that there shall not be more than 50 revitalization zones in existence at the same time. This designation shall last for five consecutive years upon approval of the commissioners. To be eligible to apply for revitalization zone status, local governments must have a population of fewer than 15,000 residents. In addition, local governments must prove economic distress based on poverty rate, vacancy of the downtown area, or blight and shall meet the three following characteristics: (1) A concentration of historic commercial structures at least 50 years old within the targeted area; (2) A feasibility study or market analysis identifying the business activities which can be supported in the targeted area; and (3) A master plan or strategic plan designed to assist private and public investment. (c)(1) Certified entities shall receive the revitalization zone tax credit for five years beginning with the first taxable year in which new full-time equivalent jobs are created in a revitalization zone and for years two, three, four, and five of the taxable years immediately following, provided the new full-time equivalent jobs are maintained for each year the tax credit is claimed. (2) Each new full-time equivalent job created will be eligible for a $2,000.00 annual income tax credit. The amount of credit claimed by each certified entity shall not exceed $40,000.00 per taxable year. (3) The number of new full-time equivalent jobs shall be determined by comparing the monthly average of full-time equivalent jobs subject to Georgia income tax withholding for a given taxable year with the corresponding period of the prior taxable year; provided, however, a certified entity which begins operations during the taxable year may be certified by the commissioner of community affairs to base initial eligibility on a period of less than 12 months. (4) This income tax credit shall not be allowed during a year if the net employment increase falls below the number required by subparagraph (a)(1)(A) of this Code section. (5) Any credit generated and utilized in years prior to the year in which the net employment increase falls below the number required by subparagraph (a)(1)(A) of this Code section shall not be affected. (d) Certified investors who acquire and develop property in a revitalization zone on or after January 1, 2018, shall receive the revitalization zone tax credit, subject to the following:

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(1) Certified investors shall demonstrate a property's ongoing commercial benefit as follows:
(A) An eligible business is located in the investment property and qualifies to receive the tax credit pursuant to subsection (c) of this Code section; or (B) An eligible business is located in the investment property and maintains a minimum of two full-time equivalent jobs for each year the tax credit is claimed; (2) The amount of the tax credit per project shall be 25 percent of the purchase price and shall not exceed $125,000.00; provided, however, that the entire credit shall not be taken in the year in which the property is placed in commercial service but shall be prorated equally in five installments over five taxable years, beginning with the taxable year in which the property is placed in service; and (3) A certified investor shall be allowed to preserve the revitalization zone tax credit for up to seven years from the date of initial eligibility in the event the commercial requirement in paragraph (1) of this subsection is not satisfied in consecutive years. (e)(1) A certified investor or certified entity with qualified rehabilitation expenditures on or after January 1, 2018, shall receive the revitalization zone tax credit for three years beginning with the year the property is placed in service. The amount of the tax credit per project shall be 30 percent of the qualified rehabilitation expenditures and shall not exceed $150,000.00; provided, however, the entire credit shall not be taken in the year in which the property is placed in commercial service but shall be prorated equally in three installments over three taxable years, beginning with the taxable year in which the property is placed in service. The business shall maintain a minimum of two full-time equivalent jobs for each year the tax credit is claimed. (2) A certified investor or certified entity shall meet minimum historic preservation standards in order to be qualified to receive the revitalization zone tax credit. The standards shall be identified with the assistance of the Department of Natural Resources' Historic Preservation Division. (3) A taxpayer who is entitled to and takes credits provided by this Code section for a project shall not be allowed to utilize the same qualified rehabilitation expenditures to generate any additional state income tax credits, including, but not limited to, the state income tax credit for rehabilitated historic property administered by the Department of Natural Resources' Historic Preservation Division. Jobs created by, arising from, or connected in any way with the same project are not eligible to be used toward other job related tax credits. (f) In no event shall the amount of the tax credits allowed by this Code section for a taxable year exceed a certified entity's or certified investor's state income tax liability. Any credit claimed under this Code section by a certified entity or certified investor but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the credit is claimed. No such credit shall be allowed by the taxpayer against prior years' tax liability. (g) Any tax credits earned under this Code section are nontransferable.

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(h) A certified entity shall report to the revenue commissioner the qualifying net job increases or decreases each year. A certified investor shall report to the revenue commissioner the investment amount in the initial qualifying year. The revenue commissioner and the commissioner of community affairs shall have the authority to require reports and promulgate regulations as needed in order to perform their duties under this Code section. (i) This Code section shall stand automatically repealed on December 31, 2027, unless reauthorized by the General Assembly prior to such date."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2018.

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

Approved May 8, 2017.

__________

REVENUE AND TAXATION CERTAIN RESTRICTIONS WITH REGARD TO EQUALIZED HOMESTEAD OPTION SALES AND USE TAXES; LIMITATIONS ON COLLECTION OF CERTAIN OTHER TAXES WHILE EQUALIZED HOMESTEAD OPTION SALES AND USE TAXES ARE IN EFFECT; REVISIONS TO ADMINISTRATION, COLLECTION, AND DISTRIBUTION OF TAX.

No. 206 (Senate Bill No. 156).

AN ACT

To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide certain restrictions with regard to equalized homestead option sales and use taxes; to provide for limitations on the collection of certain other taxes while such equalized homestead option sales and use tax is being levied; to provide for the sales on which such tax may be levied; to change certain provisions relating to administration, collection, and disbursement of the equalized homestead option sales tax; to eliminate a provision providing for the per capita share of certain municipalities to be paid to the county

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governing authority; to provide limitation on the use of special purpose local option sales taxes which are levied in conjunction with an equalized homestead option sales and use tax; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-3, relating to exemptions, by revising subparagraph (D) of paragraph (57) as follows:
"(D)(i) Except in counties in which a tax authorized under Part 1 of Article 3 of this chapter in connection with an equalized homestead option sales tax pursuant to Part 2 of Article 2A of this chapter is imposed, the exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (ii) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to any article of this chapter but shall not mean a tax authorized under Part 1 of Article 3 of this chapter in connection with an equalized homestead option sales tax pursuant to Part 2 of Article 2A of this chapter."

SECTION 2. Said chapter is further amended in Code Section 48-8-109.5, relating to administration, collection, and disbursement of the equalized homestead option sales tax, by revising subsection (e) as follows:
"(e) Notwithstanding any provision of law to the contrary except subsection (f) of this Code section, in any county levying a tax under this part, a tax levied pursuant to the provisions of Part 1 of Article 3 of this chapter in a special district in such county shall be strictly divided between the unincorporated portions of the county whose geographical boundary is conterminous with that of the special district and the municipalities wholly or partially located within the special district on a per capita basis, based on the most recent decennial census, unless altered by an intergovernmental agreement between the county and all municipalities wholly located within the special district. Notwithstanding any provision of law to the contrary, the department shall disburse directly to the county and each municipality its share of the proceeds of the tax levied pursuant to Part 1 of Article 3 of this chapter."

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SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 48-8-111, relating to procedure for imposition of tax, resolution or ordinance, notice to county election superintendent, and election with regard to county special purpose local option sales taxes, as follows:
"(a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this part, such governing authority may enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district. Any county that desires to have a tax under this part levied within the special district 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 the possible projects for inclusion in the referendum, including municipally owned or operated projects. 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. Following such meeting, the governing authority of the county within the special district voting to impose the tax authorized by this part shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify eligible expenditures identified by the county and any qualified municipality for use of proceeds distributed pursuant to subsection (b) of Code Section 48-8-115. Such ordinance or resolution shall also specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of capital outlay projects located within or outside, or both within and outside, any incorporated areas in the county in the special district or outside the county, as authorized by subparagraph (B) of this paragraph for regional facilities, and which may include any of the following purposes:
(A) A capital outlay project consisting of road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths; (B) A capital outlay project or projects in the special district and consisting of a courthouse; administrative buildings; a civic center; a local or regional jail, correctional institution, or other detention facility; a library; a coliseum; local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including, but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 12-8-22, as amended; or any combination of such projects;

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(C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more qualified municipalities within the special district; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more qualified municipalities within the special district, one or more local authorities within the special district, or any combination thereof; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or a historic facility or a facility for some combination of such purposes; (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more qualified municipalities in the county; (G) The retirement of previously incurred general obligation debt of the county, one or more qualified municipalities within the special district, or any combination thereof; (H) A capital outlay project or projects within the special district and consisting of public safety facilities, airport facilities, or related capital equipment used in the operation of public safety or airport facilities, or any combination of such purposes; (I) A capital outlay project or projects within the special district, consisting of capital equipment for use in voting in official elections or referendums; (J) A capital outlay project or projects within the special district consisting of any transportation facility designed for the transportation of people or goods, including but not limited to railroads, port and harbor facilities, mass transportation facilities, or any combination thereof; (K) A capital outlay project or projects within the special district and consisting of a hospital or hospital facilities that are owned by a county, a qualified municipality, or a hospital authority within the special district and operated by such county, municipality, or hospital authority or by an organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code, which operates the hospital through a contract or lease with such county, municipality, or hospital authority; (L) The repair of capital outlay projects, including, but not limited to, roads, streets, and bridges, located, in part or in whole, within the special district that have been damaged or destroyed by a natural disaster; (M) A capital outlay project or projects that are owned, operated, or administered by the state and located, in part or in whole, within the special district; or (N) Any combination of two or more of the foregoing; provided, however, that a tax authorized under this part which is submitted to the voters for approval in connection with an equalized homestead option sales tax pursuant to Part 2 of Article 2A of this chapter shall be used for transportation purposes which shall include roads, bridges, public transit, rails, airports, buses, seaports, and including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, for public safety facilities and related capital

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equipment used in the operation thereof, for debt service purposes for which a municipality used proceeds from the homestead option sales and use tax, and for the repair of capital outlay projects; provided, however, that the amount of proceeds used for the repair of capital outlay projects shall not exceed 15 percent of the total proceeds which are collected under this part for a capital outlay project or projects authorized under this paragraph; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the maximum period of time for which the tax may be levied shall not exceed six years; (3) The estimated cost of the project or projects which will be funded from the proceeds of the tax, which estimated cost shall also be the estimated amount of net proceeds to be raised by the tax, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the local government issuing the debt, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt."

SECTION 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective on July 1, 2017. (c) Sections 1 and 3 of this Act shall apply to all equalized homestead option sales and use taxes which are implemented on and after the effective date specified in subsection (a) of this section and to all county special purpose local option sales taxes which are implemented in conjunction with an equalized homestead option sales and use tax implemented on and after such date.

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

Approved May 8, 2017.

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PROFESSIONS AND BUSINESSES LICENSURE EXEMPTION FOR PHYSICIANS, PHYSICIAN ASSISTANTS, AND ATHLETIC TRAINERS OF VISITING SPORTS TEAMS.

No. 207 (Senate Bill No. 47).

AN ACT

To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for licensure exemption for visiting sports teams' physicians, physician assistants, and athletic trainers; to provide for requirements; to provide for limitations; to provide for agreements with other states; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, is amended by adding a new Code section to read as follows:
"43-34-29.3. (a) As used in this Code section, the term 'provider' means a physician, physician assistant, or athletic trainer as defined by Code Section 43-5-1. (b) A provider who is licensed in good standing to practice in another state shall be exempt from the licensure requirements of this chapter or Chapter 5 of this title, as applicable, while practicing in this state if either of the following apply:
(1) The provider has a written or oral agreement with a sports team to provide care to the team members and coaching staff traveling with the team for a specific sporting event to take place in this state; or (2) The provider has been invited by a national sport governing body to provide care to team members and coaching staff at a national sport training center in this state or during an event or competition in this state which is sanctioned by such national sport governing body so long as:
(A) The provider's practice is limited to that required by the national sport governing body; and (B) The services provided by the provider are within the area of the provider's competence. (c) A provider who is exempt from licensure under subsection (b) of this Code section shall not:

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(1) Provide care or consultation to any person residing in this state other than a person delineated in subsection (b) of this Code section or as otherwise provided by state law; or (2) Practice at a health care clinic or health care facility, including an acute care facility. (d) An exemption under subsection (b) of this Code section shall be valid as follows: (1) An exemption under paragraph (1) of subsection (b) of this Code section shall remain in force while the provider is traveling with the sports team but shall be no longer than ten days in duration per sporting event. A maximum of 20 additional days per sporting event may be granted upon prior written request to the board or to the Georgia Board of Athletic Trainers, as appropriate, by the provider but shall not exceed 30 days total; and (2) An exemption under paragraph (2) of subsection (b) of this Code section shall remain in force during the time certified by the national sport governing body but shall not exceed 30 days. (e) The board or the Georgia Board of Athletic Trainers, as appropriate, may enter into agreements with the comparable licensing boards of other states to implement the provisions of this Code section. Agreements shall include procedures for reporting potential license violations."

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

Approved May 8, 2017.

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CRIMES AND OFFENSES CRIMINAL PROCEDURE LAW ENFORCEMENT AGENCIES AND OFFICERS
DOMESTIC TERRORISM PREVENTION AND PUNISHMENT.

No. 208 (House Bill No. 452).

AN ACT

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to repeal certain provisions relating to domestic terrorism and penalty; to provide for the crime of domestic terrorism; to provide for definitions; to provide for penalties; to provide for venue and jurisdiction for prosecutions; to change provisions relating to possessing, transporting, or receiving explosives or destructive devices with intent to kill, injure, or intimidate individuals or destroy public buildings; to change provisions relating to disclosures by service providers pursuant to investigations; to amend Code

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Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the death penalty generally, so as to provide for domestic terrorism to be a statutory aggravating circumstance; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for training in identifying domestic terrorism and reporting information to the Georgia Information Sharing and Analysis Center; to require the bureau to publicly post and share certain information from the Law Enforcement Notification System of the Enforcement Integrated Database of the United States Department of Homeland Security to the extent permitted by federal law; 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:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "Protect Georgia Act."

PART II SECTION 2-1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by repealing Code Section 16-4-10, relating to domestic terrorism and penalty.

SECTION 2-2. Said title is further amended by revising Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, by adding a new article to read as follows:
"ARTICLE 6

16-11-220. As used in this article, the term:
(1) 'Critical infrastructure' means publicly or privately owned facilities, systems, functions, or assets, whether physical or virtual, providing or distributing services for the benefit of the public, including, but not limited to, energy, fuel, water, agriculture, health care, finance, or communication. (2) 'Domestic terrorism' means any felony violation of, or attempt to commit a felony violation of the laws of this state which, as part of a single unlawful act or a series of unlawful acts which are interrelated by distinguishing characteristics, is intended to cause serious bodily harm, kill any individual or group of individuals, or disable or destroy

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critical infrastructure, a state or government facility, or a public transportation system when such disability or destruction results in major economic loss, and is intended to:
(A) Intimidate the civilian population of this state or any of its political subdivisions; (B) Alter, change, or coerce the policy of the government of this state or any of its political subdivisions by intimidation or coercion; or (C) Affect the conduct of the government of this state or any of its political subdivisions by use of destructive devices, assassination, or kidnapping. (3) 'Public transportation system' means all facilities, conveyances, and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of individuals or cargo. (4) 'Serious bodily harm' means harm to the body of another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (5) 'State or government facility' means any permanent or temporary facility or conveyance that is used or occupied by representatives of this state or any of its political subdivisions, by the legislature, by the judiciary, or by officials or employees of this state or any of its political subdivisions.

16-11-221. (a) Any person who commits domestic terrorism shall be guilty of a felony and upon conviction thereof shall be punished as follows:
(1) If death results to any individual, by death, by imprisonment for life without parole, or by imprisonment for life; (2) If kidnapping occurs, by imprisonment for not less than 15 nor more than 35 years, or by imprisonment for life; (3) If serious bodily harm occurs, by imprisonment for not less than 15 nor more than 35 years; or (4) If critical infrastructure, a state or government facility, or a public transportation system is disabled or destroyed, by imprisonment for not less than five nor more than 35 years. (b) No sentence imposed under this Code section shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may suspend, stay, probate, defer, or withhold part of such sentence when the prosecuting attorney and the defendant have agreed to such sentence.

16-11-222. A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this article which the person engages in while:
(1) Either within or outside of this state if, by such conduct, the person commits a violation of this article which involves an individual who resides in this state or which

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involves critical infrastructure, a state or government facility, or a public transportation system located in this state; or (2) Within this state if, by such conduct, the person commits a violation of this article which involves an individual who resides within or outside this state or which involves critical infrastructure, a state or government facility, or a public transportation system located in this state.

16-11-223. The Attorney General shall have concurrent jurisdiction with district attorneys to conduct the criminal prosecution of a violation of this article.

16-11-224. This article shall not be construed to infringe upon constitutionally protected speech or assembly."

PART III SECTION 3-1.

Said title is further amended by revising paragraph (1) of Code Section 16-7-80, relating to definitions, and adding new paragraphs to read as follows:
"(1) 'Bacteriological weapon' or 'biological weapon' means: (A) The following toxic chemicals: (i) O-Alkyl (#C10, including cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates; e.g., Sarin: O-Isopropyl methylphosphonofluoridate, Soman: O-Pinacolyl methylphosphonofluoridate; (ii) O-Alkyl (#C10, including cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates; e.g., Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate; (iii) O-Alkyl (H or #C10, including cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts; e.g., VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate; (B) Sulfur mustards: (i) 2-Chloroethylchloromethylsulfide; (ii) Mustard gas: Bis(2-chloroethyl)sulfide; (iii) Bis(2-chloroethylthio)methane; (iv) Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane; (v) 1,3-Bis(2-chloroethylthio)-n-propane; (vi) 1,4-Bis(2-chloroethylthio)-n-butane; (vii) 1,5 Bis(2-chloroethylthio)-n-pentane; (viii) Bis(2-chloroethylthiomethyl)ether;

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(ix) O-Mustard: Bis(2-chloroethylthioethyl)ether; (C) Lewisites:
(i) Lewisite 1: 2-Chlorovinyldichloroarsine; (ii) Lewisite 2: Bis(2-chlorovinyl)chloroarsine; (iii) Lewisite 3: Tris(2-chlorovinyl)arsine; (D) Nitrogen mustards: (i) HN1: Bis(2-chloroethyl)ethylamine; (ii) HN2: Bis(2-chloroethyl)methylamine; (iii) HN3: Tris(2-chloroethyl)amine; (E) Saxitoxin; (F) Ricin; (G) Precursors: (i) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides; e.g., DF: Methylphosphonyldifluoride; (ii) O-Alkyl (H or #C10, including cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts; e.g., QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite; (iii) Chlorosarin: O-Isopropyl methylphosphonochloridate; (iv) Chlorosoman: O-Pinacolyl methylphosphonochloridate; or (H) Any device which is designed in such a manner as to permit the intentional release into the population or environment of microbial or other biological agents or toxins or vectors whatever their origin or method of production in a manner not otherwise authorized by law. (1.1) "Biological agent' means any microorganism, including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa, or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing: (A) Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (B) Deterioration of food, water, equipment, supplies, or material of any kind; or (C) Deleterious alteration of the environment." "(16.1) 'Toxin' means the toxic material or product of plants, animals, microorganisms, including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa, or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes: (A) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or (B) Any poisonous isomer or biological product, homologue, or derivative of such a substance.

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(16.2) 'Vector' means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host."

SECTION 3-2. Said title is further amended by revising subsection (a) of Code Section 16-7-88, relating to possessing, transporting, or receiving explosives or destructive devices with intent to kill, injure, or intimidate individuals or destroy public buildings, sentencing, and enhanced penalties, as follows:
"(a) Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device, explosive, bacteriological weapon, or biological weapon with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or to destroy any public building shall be punished by imprisonment for not less than ten nor more than 20 years or by a fine of not more than $125,000.00 or both or, if the defendant is a corporation, by a fine of not less than $125,000.00 nor more than $200,000.00 or sentenced to perform not fewer than 10,000 nor more than 20,000 hours of community service or both."

SECTION 3-3. Said title is further amended by revising subsection (a) of Code Section 16-9-109, relating to disclosures by service providers pursuant to investigations, as follows:
"(a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, or 16-11-221, Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer, cellular telephone, or any other electronic device used in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section."

PART IV SECTION 4-1.

Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the death penalty generally, is amended in subsection (b) by deleting "or"

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at the end of paragraph (10), by replacing the period with "; or" at the end of paragraph (11), and by adding a new paragraph to read as follows:
"(12) The murder was committed during an act of domestic terrorism."

PART V SECTION 5-1.

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-21. (a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in methods for:
(1) Identifying and reporting activity that may lead to domestic terrorism; (2) Combating domestic terrorism; and (3) Individuals, law enforcement officials, and personnel within state agencies and departments and local governments to provide information to the Georgia Information Sharing and Analysis Center to report activity that may lead to domestic terrorism. (b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight."

SECTION 5-2. Said title is further amended by adding a new Code section to read as follows:
"35-3-14. To the extent permitted by federal law, the bureau shall post on its public website the information of persons who are aliens and who have been released from federal custody within the boundaries of this state, as such information is presented within the Law Enforcement Notification System of the Enforcement Integrated Database of the United States Department of Homeland Security or the National Law Enforcement Telecommunications System as received by the Georgia Information Sharing and Analysis Center within the bureau or any replacement agency. Within 12 hours of receiving such information, the bureau shall post such information as required by this Code section and electronically send a copy of such information to the Georgia Sheriffs' Association. The bureau shall promulgate rules and regulations for the implementation of this Code section."

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PART VI SECTION 6-1.

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

Approved May 8, 2017.

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COMMERCE AND TRADE AUTHORIZE CEMETERY OR CEMETERY TRUST TO REQUEST TRUSTEE TO DISTRIBUTE INCOME EARNED BY IRREVOCABLE TRUST FUND UTILIZING CERTAIN UNITRUST DISTRIBUTION METHOD PROVISIONS.

No. 209 (Senate Bill No. 147).

AN ACT

To amend Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, so as to permit a cemetery or cemetery company to request a trustee to distribute income earned by an irrevocable trust fund utilizing certain unitrust distribution method provisions; to provide for a definition; to modify a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended by revising Code Section 10-14-6, relating to irrevocable trust fund, as follows:
"10-14-6. (a) As used in this Code section, the term 'income' means:
(1) The net income, including the collected dividends, interest, net realized gains, and other income of the trust reduced by any expenses, including, but not limited to, taxes on income, fees, commissions, and costs; or (2) Four percent of the net fair market value of the trust assets, averaged over the lesser of the three preceding years or the period during which the trust has been in existence. (b)(1) Each cemetery or cemetery company required to be registered by this chapter shall establish and maintain an irrevocable trust fund for each cemetery owned.

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(2) For trust funds established on or after July 1, 2000, the initial deposit to said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be made before selling or contracting to sell any burial right. No such initial deposit shall be required with respect to any cemetery for which there is an existing perpetual care account on July 1, 2000. The trust fund shall apply to sales or contracts for sale of lots, grave spaces, niches, mausoleums, columbaria, urns, or crypts in which perpetual care has been promised or guaranteed. (3) The initial corpus of the trust fund and all subsequent required deposits shall be deposited in a state bank, state savings and loan institution, savings bank, national bank, or federal savings and loan institution, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other depository or trustee which is approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State. (4) Each perpetual care trust fund established on or after July 1, 2000, shall be named 'The ___________ Cemetery ____________ Perpetual Care Trust Fund' with the first blank being filled by the name of the cemetery and the second blank being filled by the month and year of the establishment of such trust fund. If a cemetery has a perpetual care trust fund existing on July 1, 2000, and the perpetual care trust fund agreement permits, the cemetery may make additional deposits to such a trust fund on the condition that the entire corpus of the trust fund, any income earned by the trust fund, and any subsequent deposits to the trust fund are thereafter governed by the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, except for the amount of the initial deposit to the trust fund. If a cemetery owner or company elects to establish a new perpetual care trust fund subject to the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, any perpetual care trust fund which existed on July 1, 2000, is subject to the provisions of law in effect on the date of its establishment, and deposits for sales transacted on or after July 1, 2000, shall be deposited in the trust fund established on or after July 1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual care trust fund which complies with provisions of law in effect on the date of its establishment, a new trust fund created in compliance with this chapter shall not require an initial deposit. (c) Whenever any burial right, cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt wherein perpetual care or endowment care is promised or contracted for or guaranteed is sold by any cemetery, the cemetery shall make deposits to the trust fund that equal 15 percent of the sales price of the burial right or 7.5 percent of the total sales price of any mausoleums, niches, columbaria, urns, or crypts, provided that the minimum deposit for each burial right shall be $50.00; provided, further, that on July 1, 2003, and every three years thereafter, the amount of said minimum deposit shall be adjusted by the rate of

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change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustment to the amount of said minimum deposit by rule. Deposits to the trust fund shall be made not later than 30 days following the last day of the month in which payment therefor is made, or, in the case of a free space, the month in which the space is given. In the event any sale is made on an installment basis, not less than a pro rata share of the principal portion of each payment made and allocated to the lot, grave, space, niche, mausoleum, columbarium, urn, or crypt shall be allocated to the required trust fund deposit, provided that all deposits to the trust fund shall be completed within six years from the date of the signing of the perpetual care contract. The manner of any such allocation shall be clearly reflected on the books of the registrant. (d) The initial $10,000.00 corpus of the perpetual care trust fund shall not be counted as part of the required periodic deposits and shall be considered to be corpus or principal.
(e)(1) The income earned by the trust fund shall be retained by the trust fund. At such time as either:
(A) The cemetery owner is not licensed and has not been licensed for 90 or more consecutive days to sell burial rights; (B) The cemetery is under the management of a receiver; or (C) Less than 50 percent of available lots are unsold, 95 percent of the income from the trust fund shall be paid to the owner or receiver exclusively for covering the costs of care and maintenance of the cemetery, including reasonable administrative expenses incurred in connection therewith. The income of the trust fund shall be paid to the owner or receiver at intervals agreed upon by the recipient and the trustee, but in no case shall the income be paid more often than monthly. (2) Subject to the limitations set forth in paragraph (1) of this subsection, a cemetery owner or receiver may request a trustee to distribute income following the unitrust distribution method provisions outlined in Code Section 53-12-362. The cemetery owner or receiver may select the unitrust distribution method by delivering written instructions to the trustee no later than 60 days prior to when the conversion shall take place. Such notification shall also be provided to the Secretary of State. The unitrust distribution method and the distribution rate selected shall remain in effect unless the cemetery or cemetery company notifies the trustee and the Secretary of State of its desire to effect a change. (3) Disbursements from the trust in accordance with this subsection shall be made on a monthly, quarterly, semiannual, or annual basis, as agreed upon by the cemetery or cemetery company and the trustee. (4) The Secretary of State may limit or prohibit any distribution based on the unitrust distribution method provisions in situations where investment returns and distribution practices have not resulted in sufficient protection of the perpetual care trust fund's trust principal based upon a three to five-year analysis.

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(f) There shall be no withdrawals from the trust fund except pursuant to the provisions of this chapter or by court order.
(g)(1) The assets of a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to former Code Sections 53-8-1 through 53-8-4 as such existed on December 31, 1997, if applicable; Code Section 53-8-1; or Code Section 53-12-340. Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments. (2) Any state bank, national bank, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a perpetual care cemetery, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust funds established by that state bank, national bank, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees in the making and disposing of their investments. (3) Notwithstanding any other provision of this subsection, the Secretary of State shall establish rules and regulations for investments of a trust fund established on or after July 1, 2000, or otherwise governed by this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, as necessary to preserve the corpus and income of such a fund and for determining what restrictions are necessary for such purpose. (4) At any time, in the event that the perpetual care trust fund contains an amount less than the amount required by this Code section, the cemetery owner shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the perpetual care trust fund an amount equal to such shortfall. In the event that the Secretary of State and the cemetery owner disagree regarding the amount of such shortfall, no penalty shall be imposed upon the cemetery owner for any failure to comply with this paragraph unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23. (h) Moneys of the perpetual care trust fund shall not be invested in or loaned to any business venture controlled by the cemetery owner, a person who owns a controlling interest of a cemetery owner that is not a natural person, or an affiliate of any of these persons or entities.

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(i) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the perpetual care trust fund. (j) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this chapter or of fraud, theft, or misconduct by the owners of the cemetery or the officers or directors of a cemetery company which has wasted or depleted such funds, the cemetery owners or the officers or directors of a cemetery company may be held jointly and severally liable for any deficiencies in the trust account as required in this chapter."

SECTION 2. Said chapter is further amended by revising paragraph (5) of subsection (a) of Code Section 10-14-11, relating to stop order suspending or revoking registration, denial or refusal of application for registration, and penalties, as follows:
"(5) The trustee for the perpetual care trust fund or the escrow agent for the preneed escrow account has failed to file financial reports required by subsection (i) of Code Section 10-14-6 or subsection (g) of Code Section 10-14-29;"

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

Approved May 8, 2017.

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HEALTH CERTAIN SPECIMEN COLLECTION STATIONS AND BLOOD BANKS NOT CLINICAL LABORATORIES FOR CERTAIN PURPOSES.

No. 210 (House Bill No. 210).

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 specimen collection stations and blood banks are not considered clinical laboratories for the purpose of regulation under Chapter 22; 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 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 blood banks which provide through their ownership or operation a system for the collection, processing, or storage of human blood and its component parts unless such human blood and its component parts are intended as source material for the manufacture of biological products and regulated by the Center for Biologics Evaluation and Research (CBER) within the federal Food and Drug Administration; the term 'clinical laboratory' shall include 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 May 8, 2017.

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LOCAL GOVERNMENT COUNTY LAW LIBRARY TRUSTEES; ADD CHIEF MAGISTRATE JUDGE.

No. 212 (House Bill No. 453).

AN ACT

To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law library, so as to add the chief judge of the magistrate court to the board of trustees of the county law library in each county; 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 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law library, 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 chief judge of the magistrate court; 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 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2017.

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MOTOR VEHICLES AND TRAFFIC DRIVER'S LICENSE EXEMPTION FOR OPERATORS OF FULLY AUTONOMOUS MOTOR VEHICLES; NOTIFICATION OF ACCIDENTS REGARDING SUCH VEHICLES; EQUIPMENT AND INSURANCE REQUIREMENTS; REGISTRATION; SEAT BELT EXEMPTIONS.

No. 214 (Senate Bill No. 219).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to exempt persons operating a fully autonomous motor vehicle with the automated driving system engaged from the requirement to hold a driver's license; to provide for satisfaction of requirement to notify law enforcement in certain instances of

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accidents by fully autonomous motor vehicles; to provide for certain equipment and insurance requirements for fully autonomous motor vehicles; to provide for registration requirements for such vehicles; to provide for exemptions from seat belt requirements; to provide for applicability; to provide for limitations on adoption of certain rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-1-1, relating to definitions, by revising paragraphs (15.2), (15.3), (17.2), and (38) and adding new paragraphs as follows:
"(5.1) 'Automated driving system' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain." "(15.2) 'Dynamic driving task' means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, including without limitation:
(A) Lateral vehicle motion control via steering; (B) Longitudinal motion control via acceleration and deceleration; (C) Monitoring the driving environment via object and event detection, recognition, classification, and response preparation; (D) Object and event response execution; (E) Maneuver planning; and (F) Enhancing conspicuity via lighting, signaling, and gesturing. (15.3) 'Electric assisted bicycle' means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor. For such a device to be considered an electric assisted bicycle, it shall meet the requirements of the Federal Motor Vehicle Safety Standards, as set forth in 49 C.F.R. Section 571, et seq., and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied. The electric motor in an electric assisted bicycle shall: (A) Have a power output of not more than 1,000 watts; (B) Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and (C) Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour. (15.4) 'Electric personal assistive mobility device' or 'EPAMD' means a self-balancing, two nontandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a

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maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs 170 pounds." "(17.2) 'Fully autonomous vehicle' means a motor vehicle equipped with an automated driving system that has the capability to perform all aspects of the dynamic driving task without a human driver within a limited or unlimited operational design domain and will not at any time request that a driver assume any portion of the dynamic driving task when the automated driving system is operating within its operational design domain. (17.3) 'Golf car' or 'golf cart' means any motorized vehicle designed for the purpose and exclusive use of conveying one or more persons and equipment to play the game of golf in an area designated as a golf course. For such a vehicle to be considered a golf car or golf cart, its average speed shall be less than 15 miles per hour (24 kilometers per hour) on a level road surface with a 0.5% grade (0.3 degree) comprising a straight course composed of a concrete or asphalt surface that is dry and free from loose material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface." "(27.1) 'Minimal risk condition' means a low-risk operating mode in which a fully autonomous vehicle operating without a human driver achieves a reasonably safe state, such as bringing the vehicle to a complete stop, upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task." "(37.1) 'Operational design domain' means a description of the specific operating domains in which an automated driving system is designed to effectively operate, including but not limited to geographic limitations, roadway types, speed range, and environmental conditions such as weather and limited visibility. (38) 'Operator' means any person who drives or is in actual physical control of a motor vehicle or who causes a fully autonomous vehicle to move or travel with the automated driving system engaged."

SECTION 2. Said title is further amended in Code Section 40-5-21, relating to exemptions to driver's license requirement, by revising paragraphs (11) and (12) and adding a new paragraph to subsection (a) as follows:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the rules of the department clearly identifying such vehicles as training cars belonging

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to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27; (12) Any person while operating a personal transportation vehicle:
(A) On any way publicly maintained for the use of personal transportation vehicles by the public and no other types of motor vehicles in accordance with a local ordinance adopted pursuant to Part 3 or 6 of Article 13 of Chapter 6 of this title; or (B) When crossing a street or highway used by other types of motor vehicles at a location designated for such crossing pursuant to subsection (d) of Code Section 40-6-331 or pursuant to a PTV plan authorized by a local authority as described in Part 6 of Article 13 of Chapter 6 of this title; and (13) A fully autonomous vehicle with the automated driving system engaged or the operator of a fully autonomous vehicle with the automated driving system engaged."

SECTION 3. Said title is further amended by adding two new Code sections to read as follows:
"40-6-279. Notwithstanding the provisions of this chapter to the contrary, when an accident involves a fully autonomous vehicle with the automated driving system engaged, the requirements of subsection (a) of Code Sections 40-6-270, 40-6-271, 40-6-272, 40-6-273, and 40-6-273.1 shall be deemed satisfied if such fully autonomous vehicle remains on the scene of such accident as required by law and such fully autonomous vehicle or operator promptly contacts a local law enforcement agency and communicates the information required by this chapter."

"40-8-11. (a) A person may operate a fully autonomous vehicle with the automated driving system engaged without a human driver being present in the vehicle, provided that such vehicle:
(1) Unless an exemption has been granted under applicable federal or state law, is capable of being operated in compliance with Chapter 6 of this title and this chapter and has been, at the time of its manufacture, certified by the manufacturer as being in compliance with applicable federal motor vehicle safety standards; (2) Has the capability to meet the requirements of Code Section 40-6-279; (3) Can achieve a minimal risk condition in the event of a failure of the automated driving system that renders that system unable to perform the entire dynamic driving task relevant to its intended operational design domain;
(4)(A) Until December 31, 2019, is covered by motor vehicle liability coverage equivalent to 250 percent of that which is required under:

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(i) Indemnity and liability insurance equivalent to the limits specified in Code Section 40-1-166; or (ii) Self-insurance pursuant to Code Section 33-34-5.1 equivalent to, at a minimum, the limits specified in Code Section 40-1-166; and (B) On and after January 1, 2020, is covered by motor vehicle liability coverage equivalent to, at a minimum: (i) Indemnity and liability insurance equivalent to the limits specified in Code Section 40-1-166; or (ii) Self-insurance pursuant to Code Section 33-34-5.1 equivalent to, at a minimum, the limits specified in Code Section 40-1-166; and (5) Is registered in accordance with Code Section 40-2-20 and identified on such registration as a fully autonomous vehicle or lawfully registered outside of this state. (b) It shall be the responsibility of the occupants of a fully autonomous vehicle to comply with the requirements of Code Sections 40-8-76 and 40-8-76.1 regarding the use of safety belts and child passenger restraining systems. (c) Unless otherwise provided in this Code section, fully autonomous vehicles, automated driving systems, and any commercial use or operation of fully autonomous vehicles shall be governed by this Code section, Code Sections 40-1-1 and 40-5-21, Chapter 6 of this title, and this chapter notwithstanding any other provision of law to the contrary. No rules or regulations relative to the operation of fully autonomous vehicles or automated driving systems shall be adopted which limit the authority to operate such vehicles or systems conferred by this Code section."

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

Approved May 8, 2017.

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CIVIL PRACTICE HABEAS CORPUS; REIMBURSEMENT OF COUNTIES FOR CERTAIN COSTS.

No. 216 (House Bill No. 319).

AN ACT

To amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of state court of record, so as to increase the maximum amount which counties may be reimbursed for certain habeas

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corpus costs; 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 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of state court of record, is amended by revising Code Section 9-14-53, relating to reimbursement to counties for habeas corpus costs, as follows:
"9-14-53. Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are cast upon the respondent, but such reimbursement shall not exceed $30,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of the superior court of each county shall send a certified list to The Council of Superior Court Judges of Georgia of each writ of habeas corpus sought in the superior court of the county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners for which the granting of the writ was denied or for which the court costs were cast upon the respondent; and such list shall include the court costs both at the trial level and in any appellate court for each such writ of habeas corpus. By not later than December 15 of each calendar year, the council shall pay to the county from funds appropriated or otherwise made available for the operation of the superior courts the reimbursement as set forth in the certified list, subject to the maximum reimbursement provided for in this Code section. The list sent to the council as provided in this Code section shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The council is authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out this Code section and to establish such procedures as may be reasonably necessary for such purposes. This Code section shall not be construed to amend or repeal the provisions of Code Section 15-6-28 or any other provision of law for funds for any judicial circuit."

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

Approved May 8, 2017.

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COMMERCE AND TRADE CRIMES AND OFFENSES TORTS CARRYING OF WEAPONS.

No. 217 (House Bill No. 292).

AN ACT

To amend Article 15 of Chapter 1 of Title 10, Part 3 of Article 4 of Chapter 11 of Title 16, and Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, carrying and possession of firearms, and general provisions regarding torts, respectively, so as to prohibit the discriminatory refusal to provide credit or financial services to those persons engaged in the lawful commerce of firearms or ammunition products; to provide for a short title; to provide definitions; to provide for civil causes of action; to provide for action by the Attorney General; to revise the definition of knife; to revise the requirements for the reciprocity of recognizing and giving effect to licenses to carry from other states; to require the Attorney General to maintain a certain public list; to provide for, revise, and clarify laws relating to the carrying of weapons and safety; to permit certain new residents to carry a weapon in this state for a limited time without a weapons carry license; to revise provisions relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school; to allow the judge of the probate court to provide for printed information on gun safety; to provide for the maintenance of gun safety information on the website of the Department of Natural Resources; to revise and clarify the determinations to be made and the procedures to be followed by law enforcement agencies and the judge of the probate court in the issuance of a weapons carry license; to provide for replacement weapons carry licenses for persons who have a legal name change or address change; to clarify that certain active and retired law enforcement officers shall be authorized to carry a handgun on or off duty anywhere within this state; to clarify the meaning of commercial service airport relative to the carrying of a weapon or long gun; to provide for civil immunity of firearm instructors; to provide for definitions; to provide for findings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that:
(1) The ownership of firearms is a clear and explicit right protected by the United States Constitution and the Constitution of this state; (2) Access to financial services provides for the functioning of a firearms industry and, thus, the constitutionally protected right of firearm ownership; and

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(3) The provisions of this Act are intended to implement the constitutional protections provided for under the law.

SECTION 2. Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, is amended by adding a new part to read as follows:

"Part 7

10-1-439. This part shall be known and may be cited as the 'Georgia Firearms Industry Nondiscrimination Act.'

10-1-439.1. As used in this part, the term:
(1) 'Financial services' means any service or product offered to the consumer or business market by a bank, trust company, building and loan association, credit union as defined by Code Section 7-1-4, any merchant acquirer limited purpose bank as defined in paragraph (7) of Code Section 7-9-2, or a federally chartered banking institution that accepts state deposits. (2) 'Person' means one or more individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, and public corporations and the State of Georgia and all political subdivisions and agencies thereof. Such term shall include federally chartered banking institutions that accept state deposits. (3) 'Trade association' means any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual; that is an organization described in Section 501(c)(6) of Title 26 of the United States Code and exempt from tax under Section 501(a) of such title; and two or more members of which are manufacturers or sellers of a qualified product as defined by Section 7903(4) of Title 15 of the United States Code.

10-1-439.2. Unless otherwise precluded by law, regulation, or membership eligibility, it shall be an unlawful discriminatory practice for any person to refuse to provide financial services of any kind to, to refrain from continuing to provide existing financial services to, to terminate existing financial services with, or to otherwise discriminate in the provision of financial services against a person or trade association solely because such person or trade association is engaged in the lawful commerce of firearms or ammunition products and is

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licensed pursuant to Chapter 44 of Title 18 of the United States Code or is a trade association.

10-1-439.3. Whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this part, the Attorney General shall, upon written request or by his or her own initiative, investigate and, upon finding a probable violation of this part, bring an action in the name of the state against such person to:
(1) Obtain a declaratory judgment that the act or practice violates the provisions of this part; (2) Enjoin any act or practice that violates the provisions of this part by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; and (3) Recover civil penalties of up to $10,000.00 per violation of this part or any injunction, judgment, or consent order issued or entered into under the provisions of this chapter and reasonable expenses, investigative costs, and attorney's fees.

10-1-439.4. The provisions of this part shall not apply to any bank, trust company, credit union, or merchant acquirer limited purpose bank that is chartered under the laws of this state or any other state to the extent that federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this part to any federally chartered bank, trust company, credit union, or merchant acquirer limited purpose bank."

SECTION 3. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by revising paragraph (2) of Code Section 16-11-125.1, relating to definitions, as follows:
"(2) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than 12 inches in length which is fastened to a handle."

SECTION 4. Said part is further amended by revising subsections (e) and (f) of Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, license requirement, exceptions for homes, motor vehicles, private property, and other locations and conditions, as follows:
"(e)(1)(A) Any person licensed to carry a weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to

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carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that:
(i) Such licensee licensed to carry a weapon in any other state shall carry the weapon in compliance with the laws of this state; and (ii) No other state shall be required to recognize and give effect to a license issued pursuant to this part that is held by a person who is younger than 21 years of age. (B) The Attorney General shall create and maintain on the Department of Law's website a list of states whose laws recognize and give effect to a license issued pursuant to this part. (2) Any person who is not a weapons carry license holder in this state and who is licensed to carry a weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state for 90 days after he or she becomes a resident of this state; provided, however, that such person shall carry the weapon in compliance with the laws of this state, shall as soon as practicable submit a weapons carry license application as provided for under Code Section 16-11-129, and shall remain licensed in such other state for the duration of time that he or she is a resident of this state but not a weapons carry license holder in this state. (f)(1) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a weapon or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting. (2) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is otherwise engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by this state may have or carry on his or her person a knife without a valid weapons carry license while engaging in such hunting, fishing, or sport shooting."

SECTION 5. Said part is further amended by revising paragraph (5) of 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, as follows:
"(5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such department or correctional agency or facility to carry a firearm;

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(E) An employee of the Department of Community Supervision who is authorized by the commissioner of community supervision to carry a firearm; (F) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and (G) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; provided, however, that this Code section shall not apply to any extent to persons who are provided for under Code Section 16-11-130;"

SECTION 6. Said part is further amended by adding a new subsection to, by revising paragraph (4) of subsection (d) and paragraph (2) of subsection (e), and by adding a new paragraph to subsection (e) of Code Section 16-11-129, relating to weapons carry license, temporary renewal permit, mandamus, and verification of license, to read as follows:
"(a.1) Gun safety information. (1) Upon receipt of an application for a weapons carry license or renewal license, the judge of the probate court may provide applicants printed information on gun safety that is produced by any person or organization that, in the discretion of the judge of the probate court, offers practical advice for gun safety. The source of such printed information shall be prominently displayed on such printed information. (2) The Department of Natural Resources shall maintain on its principal, public website information, or a hyperlink to information, which provides resources for information on hunter education and classes and courses in this state that render instruction in gun safety. No person shall be required to take such classes or courses for purposes of this Code section where such information shall be provided solely for the convenience of the citizens of this state. (3) Neither the judge of the probate court nor the Department of Natural Resources shall be liable to any person for personal injuries or damage to property arising from conformance to this subsection." "(4) The law enforcement agency shall report to the judge of the probate court within 20 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of

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the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. The judge of the probate court shall not suspend the processing of the application or extend, delay, or avoid any time requirements provided for under this paragraph." "(2) If a person is convicted of any crime or otherwise adjudicated in a matter which would make the maintenance of a weapons carry license by such person unlawful pursuant to subsection (b) of this Code section, the judge of the superior court or state court hearing such case or presiding over such matter shall inquire whether such person is the holder of a weapons carry license. If such person is the holder of a weapons carry license, then the judge of the superior court or state court shall inquire of such person the county of the probate court which issued such weapons carry license, or if such person has ever had his or her weapons carry license renewed, then of the county of the probate court which most recently issued such person a renewal license. The judge of the superior court or state court shall notify the judge of the probate court of such county of the matter which makes the maintenance of a weapons carry license by such person to be unlawful pursuant to subsection (b) of this Code section. The Council of Superior Court Judges of Georgia and The Council of State Court Judges of Georgia shall provide by rule for the procedures which judges of the superior court and the judges of the state courts, respectively, are to follow for the purposes of this paragraph." "(4) Any person, upon petition to the judge of the probate court, who has a weapons carry license or renewal license with more than 90 days remaining before the expiration of such weapons carry license or renewal license and who has had a legal name change, including, but not limited to, on account of marriage or divorce, or an address change shall be issued a replacement weapons carry license for the same time period of the weapons carry license or renewal license being replaced. Upon issuance and receipt of such replacement weapons carry license, the license holder shall surrender the weapons carry license being replaced to the judge of the probate court and such judge shall take custody of and destroy the weapons carry license being replaced. The judge of the probate court shall provide for the updating of any records as necessary to account for the license holder's change of name or address. The judge of the probate court shall charge the fee specified in paragraph (13) of subsection (k) of Code Section 15-9-60 for services provided under this paragraph."

SECTION 7. Said part is further amended in Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, by revising the introductory language of subsection (a), by revising subsections (b) and (c), and by adding a new subsection to read as follows:
"(a) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the following

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persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:" "(b) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect persons who at the time of their retirement from service with the Department of Community Supervision were community supervision officers, when specifically designated and authorized in writing by the commissioner of community supervision.
(c)(1) As used in this subsection, the term 'courthouse' means a building or annex occupied by judicial courts and containing rooms in which judicial proceedings are held. (2) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any:
(A) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (B) Member of the Georgia State Patrol, agent of the Georgia Bureau of Investigation, retired member of the Georgia State Patrol, or retired agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (C) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive who is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive who formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; (D) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer who is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired police officer is receiving benefits under the Peace Officers' Annuity and Benefit

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Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (E) Person who is a citizen of this state and:
(i) Has retired with at least ten years of aggregate service as a law enforcement officer with powers of arrest under the laws of any state of the United States or of the United States; (ii) Separated from service in good standing, as determined by criteria established by the Georgia Peace Officer Standards and Training Council, from employment with his or her most recent law enforcement agency; and (iii) Possesses on his or her person an identification card for retired law enforcement officers as issued by the Georgia Peace Officer Standards and Training Council; provided, however, that such person meets the standards for the issuance of such card as provided for by the council, including, but not limited to, maintenance of qualification in firearms training. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, member or retired member of the Georgia State Patrol, agent or retired agent of the Georgia Bureau of Investigation, officer or retired officer of the Department of Natural Resources, active or retired law enforcement chief executive, person who is a retired law enforcement officer as provided for in paragraph (2) of this subsection, or other law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty anywhere within this state, including, but not limited to, in a courthouse except to the extent provided for in subsection (c.1) of this Code section, and Code Sections 16-11-126 through 16-11-127.2 shall not apply to the carrying of such firearms. (c.1)(1) As used in the subsection, the term: (A) 'Active' means nonretired. (B) 'Courthouse' means a building or annex occupied by judicial courts and containing rooms in which judicial proceedings are held. (C) 'Law enforcement agency' means sheriffs or any unit, organ, or department of this state, or a subdivision or municipality thereof, whose functions by law include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; the prevention, detection, or investigation of crime; or court security that is providing security for a courthouse. (D) 'Law enforcement personnel' means sheriffs or deputy sheriffs or peace officers employed by a law enforcement agency. (2)(A) Pursuant to a security plan implemented by law enforcement personnel, including as provided for under a comprehensive plan as provided for in subsection (a) of Code Section 15-16-10, the law enforcement agency with jurisdiction over a courthouse may provide for facilities or the means for the holding of weapons carried by persons enumerated under this Code section, except as provided for in paragraph (3) of this subsection, provided that ingress to such courthouse is actively restricted or

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screened by law enforcement personnel and such facilities or means are located in the immediate proximity of the area which is restricted or screened by such law enforcement personnel. (B) If the requirements of this paragraph are met, the persons enumerated under this Code section shall, except as provided for in paragraph (3) of this subsection, upon request of law enforcement personnel place his or her weapons in such holding with law enforcement personnel while such persons are within the restricted or screened area. Upon request of any person enumerated under this Code section, in preparation for his or her exit from the restricted or screened area, law enforcement personnel shall immediately provide for the return of the person's weapons which are in holding. (3) Notwithstanding a security plan implemented by law enforcement personnel, including as provided for under a comprehensive plan as provided for in subsection (a) of Code Section 15-16-10, active law enforcement officers referred to in subsection (c) of this Code section shall be authorized to carry their service handguns and weapons in any courthouse if they are wearing the assigned uniform of their law enforcement office or have the official badge and identification credentials issued to them by their law enforcement office displayed and plainly visible on their person while in the performance of their official duties."

SECTION 8. Said part is further amended by adding a new subsection to Code Section 16-11-130.2, relating to carrying a weapon or long gun at a commercial service airport, to read as follows:
"(a.1) As used in this Code section, the term: (1) 'Commercial service airport' means an airport that receives scheduled passenger aircraft service from any major airline carrier. (2) 'Major airline carrier' means an airline that has more than $1 billion in annual operating revenue during a fiscal year."

SECTION 9. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows:
"51-1-55. (a) As used in this Code section, the term:
(1) 'Dangerous weapon' shall have the same meaning as provided for under Code Section 16-11-121. (2) 'Firearm' means any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and which is not a dangerous weapon. (b) Any instructor who lawfully instructs, educates, or trains a person in the safe, proper, or technical use of a firearm shall be immune from civil liability for any injuries caused by the failure of such person to use such firearm properly or lawfully."

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

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

Approved May 8, 2017.

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PROFESSIONS AND BUSINESSES TRAINING OF PROXY CAREGIVERS.

No. 218 (House Bill No. 486).

AN ACT

To amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to operation of the Georgia Registered Professional Nurse Practice Act and burden of proof, so as to provide for training of proxy caregivers; to provide for selection of curricula by the Department of Behavioral Health and Developmental Disabilities; to provide for select providers to train proxy caregivers in accordance with selected curriculum; to provide for professional delegation exceptions; to revise good faith efforts; 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 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to operation of the Georgia Registered Professional Nurse Practice Act and burden of proof, is amended by revising paragraph (9) of subsection (a) as follows:
"(9)(A) The performance of health maintenance activities by a proxy caregiver pursuant to a written plan of care for a disabled individual when:
(i) Such individual or a person legally authorized to act on behalf of such individual has executed a written informed consent designating a proxy caregiver and delegating responsibility to such proxy caregiver to receive training and to provide health maintenance activities to such disabled individual pursuant to the written orders of an attending physician, or an advanced practice registered nurse or physician assistant working under a nurse protocol agreement or job description, respectively, pursuant to Code Section 43-34-25 or 43-34-23;

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(ii) Such health maintenance activities are provided outside of a hospital or nursing home and are not provided by a medicare-certified home health agency or hospice organization and if alternative sources are available, Medicaid is the payor of last resort; and (iii) The written plan of care implements the written orders of the attending physician, advanced practice registered nurse, or physician assistant and specifies the frequency of training and evaluation requirements for the proxy caregiver, including additional training when changes in the written plan of care necessitate added duties for which such proxy caregiver has not previously been trained. A written plan of care may be established by a registered professional nurse. Rules, regulations, and policies regarding training for proxy caregivers pursuant to this paragraph shall be promulgated by the Department of Behavioral Health and Developmental Disabilities or the Department of Community Health, as applicable. Such rules shall include selection by the Department of Behavioral Health and Developmental Disabilities and the Department of Community Health for approval of training curricula specifically designed for the purpose of implementing the health maintenance activity of medication administration to be implemented by such proxy caregivers employed or contracted to providers of home and community based services, community residential alternative services, or community living services. With such rules, providers shall train proxy caregivers in accordance with the selected curriculum or otherwise provided for in rules, regulations, and policies. (B) An attending physician, advanced practice registered nurse, or physician assistant whose orders or written plan of care provide for the provision of health maintenance activities to a disabled person shall not be vicariously liable for a proxy caregiver's negligent performance of health maintenance activities unless the proxy caregiver is an employee of the physician, advanced practice registered nurse, or physician assistant. Any person who trains a proxy caregiver to perform health maintenance activities for a disabled individual may be held liable for negligently training that proxy caregiver if such training deviated from the applicable standard of care and was a proximate cause of injury to the disabled individual. (C) For purposes of this paragraph, the term: (i) 'Disabled individual' means an individual who has a physical or mental impairment that substantially limits one or more major life activities and who meets the criteria for a disability under state or federal law. (ii) 'Health maintenance activities' are limited to those activities that, but for a disability, a person could reasonably be expected to do for himself or herself. Such activities are typically taught by a registered professional nurse, but may be taught by an attending physician, advanced practice registered nurse, physician assistant, or directly to a patient and are part of ongoing care. Health maintenance activities are those activities that do not include complex care such as administration of intravenous medications, central line maintenance, and complex wound care; do not require

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complex observations or critical decisions; can be safely performed and have reasonably precise, unchanging directions; and have outcomes or results that are reasonably predictable. Health maintenance activities conducted pursuant to this paragraph shall not be considered the practice of nursing. (iii) 'Proxy caregiver' means an unlicensed person or a licensed health care facility who has been selected by a disabled individual or a person legally authorized to act on behalf of such individual to serve as such individual's proxy caregiver, provided that such person shall receive training and shall demonstrate the necessary knowledge and skills to perform documented health maintenance activities, including identified specialized procedures, for such individual. (iv) 'Training' means teaching proxy caregivers the necessary knowledge and skills to perform health maintenance activities for disabled individuals. (D) Good faith efforts by an attending physician, advanced practice registered nurse, physician assistant, registered professional nurse, or providers of home and community based services and other persons approved by the department to provide training to a proxy caregiver to perform health maintenance activities shall not be construed to be professional delegation. (E) Such rules and regulations shall be promulgated pursuant to this paragraph no later than January 1, 2018."

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

Approved May 8, 2017.

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PENAL INSTITUTIONS AUTHORIZE CERTAIN PERSONS TO PETITION FOR RETROACTIVE GRANT OF FIRST OFFENDER STATUS UNDER CERTAIN CIRCUMSTANCES.

No. 219 (House Bill No. 261).

AN ACT

To amend Code Section 42-8-66 of the Official Code of Georgia Annotated, relating to petitions for exoneration and discharge as a first offender, hearings, and retroactive grant of first offender status, so as to allow certain individuals sentenced to a term of incarceration between March 18, 1968, and October 31, 1982, to petition the court for a retroactive grant of first offender status if he or she would have otherwise qualified for sentencing pursuant

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to this article; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 42-8-66 of the Official Code of Georgia Annotated, relating to petitions for exoneration and discharge as a first offender, hearings, and retroactive grant of first offender status, is amended by revising subsections (a) and (d) and adding a new subsection to read as follows:
"(a)(1) 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. (2) An individual who was sentenced between March 18, 1968, and October 31, 1982, to a period of incarceration not exceeding one year but who would otherwise have qualified for sentencing pursuant to this article 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." "(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 or that he or she qualifies for sentencing under paragraph (2) of subsection (a) of this Code section and the ends of justice and the welfare of society are served by granting such petition." "(g) This Code section shall apply to any sentence entered on or after March 18, 1968."

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

Approved May 8, 2017.

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REVENUE AND TAXATION SALES AND USE TAXATION FOR MACHINERY USED TO MIX AND TRANSPORT CONCRETE.

No. 220 (House Bill No. 247).

AN ACT

To amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to exempt, for a limited period of time, machinery used to mix or transport concrete from such tax; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, is amended by revising subsection (e) of Code Section 48-8-3.2, relating to a sales tax exemption for certain machinery and equipment used in manufacturing, as follows:
"(e) Examples that qualify as necessary and integral to the manufacture of tangible personal property include, but are not limited to:
(1) Machinery or equipment used to convey or transport industrial materials, work in process, consumable supplies, or packaging materials at or among manufacturing plants or to convey and transport finished goods to a distribution or storage point at the manufacturing plant. Specific examples may include, but are not limited to, forklifts, conveyors, cranes, hoists, and pallet jacks; (2) Machinery or equipment used to gather, arrange, sort, mix, measure, blend, heat, cool, clean, or otherwise treat, prepare, or store industrial materials for further manufacturing; (3) Machinery or equipment used to control, regulate, heat, cool, or produce energy for other machinery or equipment that is necessary and integral to the manufacture of tangible personal property. Specific examples may include, but are not limited to, boilers, chillers, condensers, water towers, dehumidifiers, humidifiers, heat exchangers, generators, transformers, motor control centers, solar panels, air dryers, and air compressors; (4) Testing and quality control machinery or equipment located at a manufacturing plant used to test the quality of industrial materials, work in process, or finished goods; (5) Starters, switches, circuit breakers, transformers, wiring, piping, and other electrical components, including associated cable trays, conduit, and insulation, located between

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a motor control center and exempt machinery or equipment or between separate units of exempt machinery or equipment; (6) Machinery or equipment used to maintain, clean, or repair exempt machinery or equipment; (7) Machinery or equipment used to provide safety for the employees working at a manufacturing plant, including, but not limited to, safety machinery and equipment required by federal or state law, gloves, ear plugs, face masks, protective eyewear, hard hats or helmets, or breathing apparatuses; (8) Machinery or equipment used to condition air or water to produce conditions necessary for the manufacture of tangible personal property, including pollution control machinery or equipment and water treatment systems; (9) Pollution control, sanitizing, sterilizing, or recycling machinery or equipment; (10) Industrial materials bought for further processing in the manufacture of tangible personal property for sale or further processing or any part of the industrial material or by-product thereof which becomes a wasteful product contributing to pollution problems and which is used up in a recycling or burning process; (11) Machinery or equipment used in quarrying and mining activities, including blasting, extraction, and crushing; (12) Until July 1, 2020, maintenance and replacement parts for machinery or equipment, stationary or in transit, used to mix, agitate, and transport freshly mixed concrete in a plastic and unhardened state, including but not limited to mixers and components, engines and components, interior and exterior operational controls and components, hydraulics and components, all structural components, and all safety components, provided that sales and use taxes on motor fuel used as energy in a concrete mixer truck shall not be exempt or refundable; and (13) Energy used at a manufacturing plant."

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

Approved May 8, 2017.

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LABOR AND INDUSTRIAL RELATIONS PREEMPT CERTAIN LOCAL GOVERNMENT MANDATES REQUIRING ADDITIONAL PAY TO EMPLOYEES BASED ON SCHEDULE CHANGES.

No. 221 (House Bill No. 243).

AN ACT

To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage law, so as to preempt local government mandates requiring additional pay to employees based on schedule changes; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage law, is amended by revising Code Section 34-4-3.1, relating to wages and employment benefits by local governmental entities, as follows:
"34-4-3.1. (a) As used in this Code section, the term:
(1) 'Employee' means any individual employed by an employer. (2) 'Employer' means any person or entity that employs one or more employees. (3) 'Employment benefits' means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits. (4) 'Local government entity' means a county, municipal corporation, consolidated government, authority, board of education, or other local public board, body, or commission. (5) 'Person' means an individual, partnership, association, corporation, business trust, legal representative, or any other organized group of persons. (6) 'Wage or employment benefit mandate' means any requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under this Code or federal law. (b)(1) Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted.

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(2) No local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate. (3) Any local government entity may offer its own employees employment benefits. (c) No local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. A local government entity shall not through the use of evaluation factors, qualification of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity."

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

Approved May 8, 2017.

__________

DOMESTIC RELATIONS VICTIM OF FAMILY VIOLENCE; NAME CHANGE PROCESS.

No. 222 (House Bill No. 279).

AN ACT

To amend Chapter 12 of Title 19 of the Official Code of Georgia Annotated, relating to change of name, so as to provide for a separate process when a name change is requested by an individual alleging to be the victim of family violence; to provide for definitions; to provide for procedure; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 12 of Title 19 of the Official Code of Georgia Annotated, relating to change of name, is amended by revising Code Section 19-12-1, relating to petition for name change, notice of filing, consent of minor's parents or guardian, service on parents or guardian, time of hearing, judgment, and clerk's fees, as follows:

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"19-12-1. (a) As used in this Code section, the term:
(1) 'Abandoned' shall have the same meaning as set forth in Code Section 15-11-2. (2) 'Child' means an unemancipated individual who is under 18 years of age. (3) 'Family violence' shall have the same meaning as set forth in Code Section 19-13-1. (b) Any individual desirous of changing his or her name or the name of his or her child may present a petition to the superior court of the county of his or her residence. Such petition shall set forth fully and particularly the reasons why the name change is being requested. Such petition shall be verified by the petitioner. (c)(1) When a name change is requested by a petitioner who alleges to be a victim of family violence, such petitioner may petition the court to file his or her petition to change his or her name under seal. (2) If the court determines that the petitioner is a victim of family violence, the court may issue an order waiving the requirements of publication as set forth in subsection (d) of this Code section. If the court determines that such filing shall be allowed to proceed under seal and otherwise waives the other requirements of this Code section, it may hear and determine all of the matters raised in such petition and render a final judgment thereon. (3) After issuing an order under paragraph (2) of this subsection, the court may later unseal a petition for name change or order the petitioner to file a redacted version of such petition for the public record. (4) If the court determines that the petitioner is not a victim of family violence, the underlying petition for name change shall not be heard until this Code section has been complied with in full. (5) The court shall retain all filings made under seal as part of the record. (d) Except when an order has been issued as provided in paragraph (2) of subsection (c) of this Code section, within seven days of the filing of the petition, the petitioner shall cause a notice to be published once a week for four consecutive weeks in the legal organ of the county in which such petition is pending. The notice shall contain the name of the petitioner, the name of the individual whose name is to be changed if different from that of the petitioner, the new name desired, the court in which the petition is pending, the date on which the petition was filed, and the right of any interested or affected party to appear and file objections. (e) If the petitioner seeks to change the name of his or her child, the written consent of his or her parent or parents if they are living and have not abandoned the child, or the written consent of the child's guardian if both parents are deceased or have abandoned the child, shall be filed with the petition. (f) When a petition is seeking to change the name of a child, the parent or parents of the child shall be served with a copy of the petition. If the parent or parents reside within this state, service of the petition shall be made in person, provided that if the location or address of the parent is unknown, service of the petition on the parent shall be made by publication

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as provided in subsection (d) of this Code section. If the parent or parents reside outside this state, service of the petition on the parent or parents residing outside this state shall be made by certified mail or statutory overnight delivery if the address is known or by publication as provided in subsection (d) of this Code section if the address is not known. (g) When a child resides with individuals other than his or her parent or parents, a copy of the petition shall be served upon such individuals in the same manner as service would be made on a parent. (h) So long as a petition has not been heard and granted under paragraph (2) of subsection (c) of this Code section, after proof to the court of publication of the notice as required by subsection (d) of this Code section is made, if no objection was filed, the court shall proceed at chambers on such date as the court shall fix to hear and determine all matters raised by the petition and to render final judgment or decree thereon. Such hearing shall occur upon the expiration of:
(1) Thirty days from the filing of the petition if the individual whose name to be changed is an adult; (2) Thirty days from the date of service upon the parent, parents, or guardian of a child whose name is to be changed if the parent, parents, or guardian reside within this state; or (3) Sixty days from the date of service upon the parent, parents, or guardian of a child whose name is to be changed if either the parent, parents, or guardian reside outside the state and the petition is served by mail. (i) For service required by this Code section, the clerk shall receive the fees prescribed in Code Section 15-6-77."

SECTION 2. Said chapter is further amended by revising Code Section 19-12-2, relating to hearing on objections to petition, as follows:
"19-12-2. If written objections are filed by any interested or affected party within the time limits specified in subsection (h) of Code Section 19-12-1, the court shall proceed to hear the matter at chambers."

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

Approved May 8, 2017.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE AND TAXATION INCOME TAXES; TAX CREDIT FOR PRODUCTION COMPANIES RELATED
TO CERTAIN STATE CERTIFIED MUSICAL OR THEATRICAL PRODUCTIONS OR RECORDED MUSICAL PERFORMANCES.

No. 223 (House Bill No. 155).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income taxes, so as to create an income tax credit for certain expenditures by a production company related to certain state certified musical or theatrical productions or recorded musical performances; to provide for rules and regulations and an application process related to such income tax credit; to provide for certain conditions, procedures, and limitations; to provide for definitions; to provide a short title; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income taxes, is amended by adding a new Code section to read as follows:
"48-7-40.32. (a) This Code section shall be known and may be cited as the 'Georgia Musical Investment Act.' (b) As used in this Code section, the term:
(1) 'Musical or theatrical performance' means a live performance of a concert, musical tour, ballet, dance, opera, live variety entertainment, or a series of any such performances occurring over the course of a 12 month period or longer that originates, is developed, and has its initial public performance before a live audience within this state or that prepares and rehearses a minimum of seven days within this state and has its United States debut within this state. Such term excludes a single musical performance that is not intended for touring, a music or cultural festival that is not intended for touring, an industry seminar, a trade show, or a market. (2) 'Production company' means a company primarily engaged in qualified production activities. Such term shall not mean or include any form of business owned, affiliated,

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or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (3) 'Qualified production activities' means activities related to the preparation, planning, recording, or staging of a state certified production. (4) 'Qualified production expenditures' means expenditures incurred in this state on direct account of qualified production activities for which a tax credit has not been claimed pursuant to Code Section 48-7-40.26 and shall include, but are not limited to:
(A) Set construction and operation; wardrobe, make-up, accessories, and related services; costs associated with photography and sound synchronization, expenditures excluding license fees incurred with Georgia companies for sound recordings and musical compositions, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; total aggregate payroll; talent and producer fees; technical fees; crew fees; per diem costs paid to employees; airfare, if purchased through a Georgia travel agency or travel company; insurance costs and bonding, if purchased through a Georgia insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices; and (B) Payments to a loan-out company by a production company. (5) 'Recorded musical performance' means a recording of a music composition affixed in a tangible medium, which includes but is not limited to the score and musical accompaniment of a motion picture, film, television, game, or interactive entertainment production. (6) 'Resident' shall have the same meaning as set forth in paragraph (10) of Code Section 48-7-1. (7) 'Spending threshold' means: (A) For a musical or theatrical performance, $500,000.00 during a taxable year; and (B) For a recorded musical performance which is incorporated into or synchronized with a movie, television, or interactive entertainment production, $250,000.00 during a taxable year, and for any other recorded musical performance, $100,000.00 during a taxable year. (8) 'State certified production' means a musical or theatrical performance or recorded musical performance that is approved by the Department of Economic Development in accordance with rules and regulations promulgated pursuant to this Code section. (9) 'Total aggregate payroll' means the total sum expended by a production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph: (A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and

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(B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) A production company that invests in a state certified production shall be allowed an income tax credit against the tax imposed under this article if such production company's qualified production expenditures equal or exceed the spending threshold as follows: (1) A production company shall be allowed a tax credit equal to 15 percent of such production company's qualified production expenditures; and (2) A production company shall be allowed an additional tax credit equal to 5 percent for such production company's qualified production expenditures incurred in a county designated as tier 1 or tier 2 by the commissioner of community affairs pursuant to Code Section 48-7-40. (d) The tax credits allowed under this Code section for all production companies shall be subject to the following aggregate annual caps: (1) For taxable years beginning on or after January 1, 2018, and before January 1, 2019, the aggregate amount of tax credits allowed under this Code section shall not exceed $5 million; (2) For taxable years beginning on or after January 1, 2019, and before January 1, 2020, the aggregate amount of tax credits allowed under this Code section shall not exceed $10 million; (3) For taxable years beginning on or after January 1, 2020, and before January 1, 2023, the aggregate amount of tax credits allowed under this Code section shall not exceed $15 million per year; and (4) The tax credits allowed under this Code section shall not be available for taxable years beginning on or after January 1, 2023. (e)(1) The maximum allowable tax credit under this Code section claimed by a single production company and its affiliates shall not exceed, in any single taxable year, 20 percent of the aggregate amount of tax credits available for such taxable year under subsection (d) of this Code section, including the amount of any aggregate annual caps rolled over from prior years. (2) Production companies seeking to claim a tax credit under this Code section shall submit an application to the department for preapproval of such tax credit. The department shall preapprove the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the department shall prorate the available funds between or among the applicants. (f)(1) Where the amount of such credit or credits exceeds the production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such production company's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such production company's quarterly

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or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the production company. (2) If a production company claims the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the production company will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18. (g) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the production company has met the investment requirement. For each year in which such production company claims the credit, the production company shall attach a schedule to the production company's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified production expenditures showing categorized spending that meets or exceeds the spending threshold, along with the certification from the Department of Economic Development; (B) A detailed listing of employees' names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company against Georgia income tax liabilities or the production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company against prior years' tax liability. (3) Tax credits claimed under this Code section shall not be refundable, transferable, or saleable.

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(h) Any production company claiming the tax credit provided for by this Code section shall be required to reimburse the department for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include a review of the credit provided in this Code section. (i) The Department of Economic Development shall determine through the promulgation of rules and regulations which projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (j) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section."

SECTION 2. This Act shall become effective on January 1, 2018, and shall stand repealed on January 1, 2023.

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

Approved May 8, 2017.

__________

FIRE PROTECTION AND SAFETY CARNIVAL RIDES; ENGINEERING EVALUATIONS WITH PERMIT APPLICATIONS.

No. 224 (Senate Bill No. 141).

AN ACT

To amend Article 4 of Chapter 15 of Title 25 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require the owner of a carnival ride to submit an engineering evaluation with a carnival ride permit application; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 15 of Title 25 of the Official Code of Georgia Annotated, relating to carnival ride safety, is amended by revising Code Section 25-15-85, relating to permit required and application, as follows:

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"25-15-85. (a) No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the office. The owner of a carnival ride shall apply for a permit to the office on a form furnished by the office, providing such information as the office may require. (b) Beginning January 1, 2018, no permit for a carnival ride to operate in this state shall be issued by the office until the carnival owner submits an engineering evaluation from a licensed engineer that evaluates the functionality of safety mechanisms and the condition of the critical components of the carnival ride. The scope of such engineering evaluation may be further prescribed by standards and regulations of the office that are consistent with this subsection. Such evaluation shall be provided prior to the annual inspection required by Code Section 25-15-86 and use of the carnival ride by the general public. The submission of such evaluation shall only be required the first time the carnival owner applies for a permit for the carnival ride in this state on or after January 1, 2018."

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

Approved May 8, 2017.

__________

PUBLIC OFFICERS AND EMPLOYEES GOVERNOR; COMPENSATION; ANNUAL SALARIES, EXPENSES, AND COST-OF-LIVING ADJUSTMENTS FOR CERTAIN STATE OFFICIALS; REVISE STATE COMMISSION ON COMPENSATION.

No. 225 (House Bill No. 202).

AN ACT

To provide for compensation and expenses of certain state officials; to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees, so as to change provisions relating to the salary for the Governor; to change certain provisions relating to annual salaries, expenses, and cost-of-living adjustments for certain state officials; to change provisions relating to the State Commission on Compensation; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PART I SECTION 1-1.

Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees, is amended by revising paragraph (1) of subsection (a) of Code Section 45-7-4, relating to annual salaries of certain state officials and cost-of-living adjustments, as follows:

"(1) Governor

$175,000.00

An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's mansion."

PART II SECTION 2-1.
Said chapter is further amended in Code Section 45-7-4, relating to annual salaries of certain state officials, expenses, and cost-of-living adjustments, by revising subparagraphs (a)(22)(C) and (a)(22)(E) as follows:
"(C) In addition to any other compensation and allowances authorized for members of the General Assembly, each member may be reimbursed for per diem differential and for actual expenses incurred in the performance of duties as a member of the General Assembly in an amount not to exceed $7,000.00 per year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, per diem differential, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, purchasing or leasing of equipment, and other reasonable expenditures directly related to the performance of a member's duties. If equipment purchased by a member has a depreciated value of $100.00 or less when such member leaves office, the equipment does not need to be returned to the state. No reimbursement shall be made for any postage which is used for a political newsletter. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph. Eligible expenses shall be reimbursed following the submission of vouchers to the legislative fiscal office in compliance with the requirements of this subparagraph and subject to the provisions of subparagraph (E) of this paragraph. Such vouchers shall be submitted in such form and manner as prescribed by the Legislative Services Committee pursuant to subparagraph (E) of this paragraph, provided that each such voucher shall be accompanied by a supporting document or documents, or legible copies thereof, showing payment for each expense claimed or an explanation of the absence of such documentation; in addition, each such voucher shall include a certification by the member that the information contained in such voucher and supporting document or documents, or legible copies thereof, is true and correct and that such expenses were incurred by the member. The provisions of

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Code Section 16-10-20 shall be applicable to any person submitting such certified vouchers and supporting documents or copies the same as if the General Assembly were a department or agency of state government. No such voucher or supporting document shall be required for per diem differential." "(E) For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Any voucher or claim for any reimbursement for any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher or claim submitted after that date. Any amounts remaining in such expense account at the end of the first year of the two year biennium may be claimed for expenses incurred during the second year of the two year biennium. Any amounts remaining in any expense account which are not so claimed by April 15 of the year following the second year of the biennium and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted by the legislative fiscal office to the general fund of the state treasury. Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph, including, but not limited to, definitions of the above list of items for which reimbursement may be made; provided, however, that the term 'other reasonable expenditures directly related to the performance of a member's duties' shall be as defined by policies adopted by the Speaker of the House of Representatives and by the Senate Administrative Affairs Committee as to reimbursement of such expenditures incurred by members of the House and Senate, respectively; and provided, further, that the amount of expenses which may be reimbursed within the limits of subparagraph (C) of this paragraph for travel outside the state may be as provided by policies adopted by the Speaker of the House of Representatives and by the Senate Administrative Affairs Committee as to such expenditures of members of the House and Senate, respectively. The Legislative Services Committee is further empowered to prescribe the form of the voucher or claim which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination; except that in the event of any disagreement as to whether any reimbursement under subparagraph (C) of this paragraph shall be made for other reasonable expenses directly related to the performance of a member's duties or for travel outside the state, the Speaker of the House shall make the final determination as to such expenses incurred by a member of the House, and the Senate Administrative Affairs Committee shall make the final determination as to such expenses incurred by a member of the Senate. In the event any reimbursement is made or any allowance is paid and it is later

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determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement or payment which was made in error shall be realized."

SECTION 2-2. Said chapter is further amended in Code Section 45-7-4, relating to annual salaries, expenses, and cost-of-living adjustments of certain state officials, by revising subsection (b) as follows:
"(b) As an adjustment except as qualified below as to members and member-officers of the General Assembly, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government. However, any increase for such officials shall not include within-grade step increases for which employees subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except increases for members and member-officers of the General Assembly. That portion of the increase determined by the Legislative Services Committee to reflect a cost-of-living increase based upon objective economic criteria shall become effective for members and member-officers at the same time that funds are made available for the increase for such employees. The balance of the increase for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase."

PART III SECTION 3-1.

Said chapter is further amended by revising Article 5, relating to the State Commission on Compensation, as follows:

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"ARTICLE 5

45-7-90. A State Commission on Compensation is established for the purpose of assisting the General Assembly in setting the compensation of constitutional state officers, including members of the General Assembly and full-time heads of state agencies, authorities, boards, bureaus, commissions, committees, and departments whose compensation is set by the Constitution, by law, or by Act of the General Assembly.

45-7-91. (a) As used in this article, the term 'commission' means the State Commission on Compensation.' (b) The commission shall be composed of seven members who shall serve for terms of four years and until their successors shall have been appointed and qualified. No person shall be qualified for appointment to office as a member of the commission if he or she is an officer or employee of the state at the time of his or her selection for appointment nor shall such officer's or employee's spouse, child, stepchild, parent, stepparent, grandparent, grandchild, sibling, or the spouse of such individuals be qualified for such appointment. Three members shall be appointed by the Governor, at least one of whom shall be regularly engaged in the field of business finance or business management. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. (c) Should any vacancy on the commission occur from death, resignation, or otherwise, the appointing authority shall appoint a successor member to serve during the unexpired term.

45-7-92. Members of the commission shall take an oath to uphold the Constitution and laws of the United States and of the State of Georgia and shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21. All expenses incurred by the commission in the performance of its duties shall be paid from funds available to the General Assembly. The commission shall meet no more than 15 days in any year.

45-7-93. The commission shall meet immediately after a majority of its members have taken the oath of office, shall select from the members one of their members to serve as chairperson, and shall adopt such rules and procedures as may be deemed necessary for the expeditious accomplishment of the obligations of the commission. The commission shall be authorized to employ staff personnel as necessary to accomplish commission objectives.

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45-7-94. The commission shall make a study of the compensation currently being paid by the state to all constitutional state officers, including members of the General Assembly and all full-time heads of state agencies, authorities, boards, bureaus, commissions, committees, and departments whose compensation is set by the Constitution of Georgia, by law, or by an Act of the General Assembly; and the commission shall compare such compensation with that currently being received by officers and employees serving in comparable positions with the federal government, this state, other states, local governments, and in industry, business, and the professions. In making this comparative study, the commission shall utilize all available data pertaining to prevailing market rates and relating to the costs and standards of living of persons in comparable positions.

45-7-95. The commission shall file a written report based upon its studies in which a recommended compensation shall be stated for each constitutional state officer, including members of the General Assembly and all full-time heads of state agencies, authorities, boards, bureaus, commissions, committees, and departments whose compensation is set by the Constitution of Georgia, by law, or by Act of the General Assembly. A copy of such report shall be filed with the Governor, Lieutenant Governor, Speaker of the House of Representatives, Clerk of the House of Representatives, Secretary of the Senate, and legislative counsel. The commission shall file the written report at least 90 days prior to the convening of the General Assembly in regular session at which the general appropriations bill is first considered. The written report of the commission shall be filed, notwithstanding a determination by the commission that no compensation increase or decrease is recommended.

45-7-96. It is the intention of the General Assembly that this article shall not be construed so as to authorize the commission to reduce the compensation of constitutional state officers below that established by the Constitution of Georgia or so as to deprive the General Assembly of plenary power to enact laws affecting compensation in accordance with the Constitution of Georgia."

PART IV SECTION 4-1.

Part I of this Act shall become effective upon the inauguration of the Governor in January, 2019, in accordance with Code Section 45-12-2 of the Official Code of Georgia Annotated. Part II of this Act shall become effective on July 1, 2017, and shall apply to expenses incurred on or after such date. This Part and Part III of this Act shall become

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effective upon approval of this Act by the Governor or upon its becoming law without such approval.

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

Approved May 9, 2017.

__________

COURTS CRIMINAL PROCEDURE PENAL INSTITUTIONS SOCIAL SERVICES TORTS ENACT REFORMS RECOMMENDED BY GEORGIA COUNCIL ON CRIMINAL JUSTICE REFORM REGARDING INDIVIDUALS
SUPERVISED UNDER ACCOUNTABILITY COURTS, DEPARTMENT OF COMMUNITY SUPERVISION, AND STATE BOARD OF PARDONS AND PAROLES.

No. 226 (Senate Bill No. 174).

AN ACT

To provide for reform for individuals supervised under accountability courts, the Department of Community Supervision, and the State Board of Pardons and Paroles and enact reforms recommended by the Georgia Council on Criminal Justice Reform; to amend Title 15 and Code Section 49-3-6 of the Official Code of Georgia Annotated, relating to courts and functions of a county or district department of family and children services, respectively, so as to require veterans court divisions to adhere to the same policies, procedures, and standards as other accountability courts; to change provisions relating to family treatment court divisions; to provide for protocols involving family treatment court divisions; to amend Article 1 of Chapter 10 of Title 17, Title 42, and Code Section 51-1-54 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and the imposition of punishment, penal institutions, and the Program and Treatment Completion Certificate, respectively, so as to provide for a behavioral incentive date under certain circumstances; to change provisions relating to active probation supervision; to provide for the use of updated evaluation tools; to provide for matters related to probation; to provide for the Board of Community Supervision to issue Program and Treatment Completion Certificates; to create certain rebuttable presumptions pertinent to individuals issued such certificates; to modify provisions relating to the confidentiality of records and information held by the State Board of Pardons and Paroles under certain circumstances; to allow community supervision officers to provide supervision to defendants in certain accountability courts under certain circumstances; to provide for definitions; to allow the prosecuting attorney and victim of a

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crime to submit information to the State Board of Pardons and Paroles relative to its consideration of the parole or conditional release of an inmate; to require that conditions of probation be imposed as conditions of parole when a defendant is serving a split sentence; to provide for notice of certain hearings; to clarify provisions relating to commutation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (4) of subsection (b) of Code Section 15-1-17, relating to veterans court divisions, as follows:
"(4)(A) The Council of Accountability Court Judges of Georgia shall adopt standards and practices for veterans court divisions, taking into consideration guidelines and principles based on available current research and findings published by experts on veterans' health needs and treatment options, including, but not limited to, the VA and the Georgia Department of Veterans Service. The Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the veterans court field if any such research, findings, or developments are created. Each veterans court division shall adopt policies and practices that will be consistent with any standards and practices published by the Council of Accountability Court Judges of Georgia. (B) The Council of Accountability Court Judges of Georgia shall provide technical assistance to veterans 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 veterans court divisions. (C) The Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure veterans court divisions are adhering to the Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for veterans 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 veterans 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 a veterans court division shall be conditioned upon a veterans court division attaining certification or a waiver by the Council of Accountability Court Judges of Georgia. On or before September 1,

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the Council of Accountability Court Judges of Georgia shall publish an annual report listing certified veterans court divisions. (E) The Council of Accountability Court Judges of Georgia and the Georgia Council on Criminal Justice Reform shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all veterans 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 a veterans 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, 2018, and every three years thereafter, the Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the veterans court divisions for the purpose of improving veterans court division policies and practices and the certification and recertification process."

SECTION 1-2. Said title is further amended by revising paragraph (4) of subsection (a) and subparagraph (a)(5)(C) of Code Section 15-11-70, relating to the establishment of family treatment court divisions, as follows:
"(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, DFCS employees, 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."
"(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. The Council of Accountability Court Judges of Georgia shall create a

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certification process to allow a court to demonstrate its need for additional state grant funds, as authorized by Code Section 15-11-52, for one or more part-time judges to operate a family treatment court division. 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."

SECTION 1-3. Said title is further amended in subsection (a) of Code Section 15-11-70, relating to the establishment of family treatment court divisions, by adding a new paragraph to read as follows:
"(11) A court instituting a family treatment court division shall comply with the periodic review process as required by Code Section 15-11-216."

SECTION 1-4. Said title is further amended by revising subsection (f) of Code Section 15-11-212, relating to the disposition of a dependent child, as follows:
"(f) If a child is adjudicated as a dependent child and the dependency is found to have been the result of substance abuse by his or her parent, guardian, or legal custodian and the court orders transfer of temporary legal custody of such child, the court shall be authorized to further order that legal custody of such child may not be transferred back to his or her parent, guardian, or legal custodian unless such parent, guardian, or legal custodian:
(1) Undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than 12 consecutive months; or (2) Successfully completes programming through a family treatment court division."

SECTION 1-5. Code Section 49-3-6 of the Official Code of Georgia Annotated, relating to the functions of a county or district department of family and children services, is amended by revising subsection (a) as follows:
"(a) The primary purpose of county departments shall be to protect children. To achieve this primary purpose, the county departments shall, in accordance with rules and regulations of the Division of Family and Children Services of the department:
(1) Investigate reports of abuse or neglect; (2) Assess, promote, and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect; (3) Work cooperatively with law enforcement regarding reports that include criminal conduct allegations; (4) In collaboration with the family treatment court division planning group, if one exists, establish a written protocol to assess cases involving substantiated reports of abuse

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or neglect for possible referral to a family treatment court division. Such protocol shall be consistent with the Council of Accountability Courts of Georgia's certification requirements and include sufficient criteria to determine the need for substance abuse treatment; and (5) Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family, and provide prevention, intervention, and treatment services pursuant to this title."

PART II SECTION 2-1.

Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and the imposition of punishment, is amended by revising paragraphs (1) and (2) of subsection (a) and subsection (d) of Code Section 17-10-1, relating to fixing of sentence, as follows:
"(a)(1)(A) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 6 of Chapter 3 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Sections 17-10-6.1 and 17-10-6.2. (B) When a defendant is convicted of felony offenses, has no prior felony conviction, and the court imposes a sentence of probation, not to include a split sentence, the court shall include a behavioral incentive date in its sentencing order that does not exceed three years from the date such sentence is imposed. Within 60 days of the expiration of such incentive date, if the defendant has not been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37, has been compliant with the general and special conditions of probation imposed, and has paid all restitution owed, the Department of Community Supervision shall notify the prosecuting attorney and the court of such facts. The Department of Community Supervision shall provide the court with an order to terminate such defendant's probation which the court shall execute unless the court or the prosecuting attorney requests a hearing on such matter

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within 30 days of the receipt of such order. The court shall take whatever action it determines would be for the best interest of justice and the welfare of society. (2) Active probation supervision shall terminate in all cases no later than two years from the commencement of active probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, that in those cases involving the collection of restitution, the period of active probation supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs, and for those cases involving a conviction under Chapter 15 of Title 16, the 'Georgia Street Gang Terrorism and Prevention Act,' the period of active probation supervision shall remain in effect until the termination of the sentence, but shall not exceed five years unless as otherwise provided in this paragraph. Supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles." "(d) In any case involving a misdemeanor or a felony in which the defendant has been punished in whole or in part by a fine, the sentencing judge shall be authorized to allow the defendant to satisfy such fine through community service as defined in Code Section 42-3-50. One hour of community service shall equal the dollar amount of one hour of paid labor at the minimum wage under the federal Fair Labor Standards Act of 1938, in effect on January 1, 2017, unless otherwise specified by the sentencing judge. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount of the fine by the federal minimum hourly wage or by the amount specified by the sentencing judge. Prior to or subsequent to sentencing, a defendant, or subsequent to sentencing, a community supervision officer, may request that the court make all or any portion of a fine be satisfied under this subsection."

SECTION 2-2. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsection (c) of Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, as follows:
"(c)(1) The board shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training, and hospitalization of all inmates coming under its custody.
(2)(A) As used in this paragraph, the term: (i) 'Evidence based practices' means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals who are under some form of correctional supervision. (ii) 'Recidivism' means returning to prison or jail within three years of being placed on probation or being discharged or released from a department or jail facility.
(B) The board shall adopt rules and regulations governing the management and treatment of inmates coming under its custody to ensure that evidence based practices,

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including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to preparing inmates for release into the community. Any risk and needs assessment instrument shall be revalidated by January 1, 2019, and every five years thereafter. The board shall require the department to collect and analyze data and performance outcomes relevant to the level and type of treatment given to an inmate and the outcome of the treatment on his or her recidivism and prepare an annual report regarding such information which shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Judiciary and the Senate Judiciary Committee. (C) Using evidence based practices, the board shall evaluate the quality of the programming utilized at all department facilities, except state prisons, by January 1, 2019, and every five years thereafter, and shall publicly publish its report."

SECTION 2-3. Said title is further amended by revising subsections (g) through (j) of and adding a new subsection to Code Section 42-3-2, relating to the creation of the Board of Community Supervision and its duties, to read as follows:
"(g)(1) As used in this subsection, the term: (A) 'Evidence based practices' means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals who are under some form of correctional supervision. (B) 'Recidivism' means returning to prison or jail within three years of being placed on probation or being discharged or released from a department or jail facility.
(2) The board shall adopt rules and regulations governing the management and treatment of probationers and parolees to ensure that evidence based practices, including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to managing probationers and parolees in the community. Any risk and needs assessment instrument shall be revalidated by January 1, 2019, and every five years thereafter. The board shall require DCS to collect and analyze data and performance outcomes relevant to the level and type of treatment given to a probationer or parolee and the outcome of the treatment on his or her recidivism and prepare an annual report regarding such information which shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Judiciary and the Senate Judiciary Committee. (3) Using evidence based practices, the board shall evaluate the quality of the programming utilized at day reporting centers by January 1, 2019, and every five years thereafter, and shall publicly publish its report. (h)(1) The board, acting alone or in cooperation with the State Board of the Technical College System of Georgia or other relevant educational organizations and agencies, may provide educational programs for probationers and shall exercise program approval

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authority. The board may enter into written agreements with other educational organizations and agencies in order to provide probationers with such education and employment skills most likely to encourage gainful employment and discourage return to criminal activity. The board may also enter into agreements with other educational organizations and agencies to attain program certification for its vocational and technical education programs. (2) The board shall create a Program and Treatment Completion Certificate that may be issued to probationers under the rules and regulations of the board. Such certificate shall symbolize a probationer's achievements toward successful reentry into society. The board's rules and regulations relating to the issuance of such certificate shall take into account a probationer's violations of the terms of his or her probation and any other factor the board deems relevant to an individual's qualification for such certificate. The board's rules and regulations shall specify eligibility considerations and requirements for completion of such certificate. (3) Nothing in this subsection shall be construed to constitute a waiver of the sovereign immunity of the state, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any Program and Treatment Completion Certificate. (i) The board shall adopt rules and regulations and such rules and regulations shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The courts shall take judicial notice of any such rules or regulations. (j) As used in this Code section, the term 'rules and regulations' shall have the same meaning as the word 'rule' as defined in paragraph (6) of Code Section 50-13-2. (k) 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 the duties and functions of DCS as set forth in this chapter and Chapters 8 and 9 of this title."

SECTION 2-4. Said title is further amended by revising subsection (c) of Code Section 42-5-36, relating to confidentiality of information supplied by inmates, penalties for breach, classified nature of department investigation reports, confidentiality of certain identifying information, and custodians of records, as follows:
"(c)(1) As used in this subsection, the term: (A) 'Serious offense' shall have the same meaning as set forth in Code Section 42-9-42. (B) 'Serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1.

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(2) All institutional inmate files and central office inmate files of the department shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner; provided, however, that these records shall be subject to subpoena by a court of competent jurisdiction of this state and provided, further, that the commissioner shall prepare a report of the conduct of record of any inmate serving a sentence for a serious violent felony. When the report includes conduct which would constitute a serious offense, reasonably related information connected to such offense shall be included in the report. Such report shall be subject to disclosure under paragraph (2) of subsection (a) of Code Section 42-9-43."

SECTION 2-5. Said title is further amended by adding a new paragraph to Code Section 42-8-21, relating to definitions for the state-wide probation system, to read as follows:
"(3) 'Qualified offense' means a felony offense of: (A) Burglary in the second degree in violation of Code Section 16-7-1; (B) Possession of tools for the commission of crime in violation of Code Section 16-7-20; (C) Criminal damage to property in the second degree in violation of Code Section 16-7-23; (D) Interference with government property in violation of Code Section 16-7-24; (E) Arson in the third degree in violation of Code Section 16-7-62; (F) Burning of woodlands, brush, fields, or other lands in violation of Code Section 16-7-63 when the punishment is as set forth in paragraph (2) of subsection (c) of Code Section 16-7-63; (G) Theft in violation of Code Sections 16-8-2 through 16-8-9 when the punishment is as set forth in subparagraph (a)(1)(B) or (a)(1)(C) of Code Section 16-8-12; (H) Theft by shoplifting in violation of Code Section 16-8-14; (I) Refund fraud in violation of Code Section 16-8-14.1; (J) Conversion of payments for real property improvements in violation of Code Section 16-8-15; (K) Entering an automobile or other motor vehicle with intent to commit theft or felony in violation of Code Section 16-8-18; (L) Livestock theft in violation of Code Section 16-8-20; (M) Forgery in violation of Code Section 16-9-1; (N) Printing, executing, or negotiating checks, drafts, orders, or debit card sales drafts knowing information thereon to be in error, fictitious, or assigned to another account holder in violation of Code Section 16-9-21; (O) Financial transaction card offenses in violation of Code Section 16-9-31, 16-9-32, 16-9-33, 16-9-34, 16-9-35, 16-9-36.1, or 16-9-37, provided that the aggregate value of the loss does not exceed $25,000.00; (P) Failing to pay for natural products or chattels in violation of Code Section 16-9-58;

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(Q) Purchasing, possessing, manufacturing, delivering, distributing, administering, selling, or possessing with the intent to distribute controlled substances, marijuana, counterfeit substances, or flunitrazepam in violation of Code Section 16-13-30; (R) Unlawfully manufacturing, delivering, distributing, selling, or possessing with the intent to distribute noncontrolled substances in violation of Code Section 16-13-30.1; (S) Possession of substances containing ephedrine or pseudoephedrine or sales of products containing those ingredients in violation of Code Section 16-13-30.3 when the punishment is as set forth in paragraph (3) of subsection (b) of Code Section 16-13-30.3; and (T) Violation of Article 3 of Chapter 13 of Title 16 when the punishment is as set forth in subsection (b) of Code Section 16-13-79."

SECTION 2-6. Said title is further amended by revising Code Section 42-8-27, relating to the duties of community supervision officers, as follows:
"42-8-27. An officer shall supervise and counsel probationers and parolees in the judicial circuit to which he or she is assigned. Each officer shall perform the duties prescribed in this chapter and other duties as are prescribed by DCS and shall make and keep any records and files and make such reports as are required of him or her by DCS, the State Board of Pardons and Paroles, or a court. Officers shall be authorized to provide supervision of defendants who are participants in a drug court division, mental health court division, or veterans court division operated by a superior court, provided that sufficient staff and resources exist for such supervision."

SECTION 2-7. Said title is further amended by revising subsection (e) of Code Section 42-8-34, relating to sentencing hearings and determinations, as follows:
"(e)(1) The court may, in its discretion, require the payment of a fine, fees, or restitution as a condition of probation. Chapter 14 of Title 17 shall control when determining the amount of restitution. When probation supervision is required, the court may require the payment of a probation supervision fee as a condition of probation. In determining the financial obligations, other than restitution, to impose on the defendant, the court may consider:
(A) The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (B) The defendant's earnings and other income; (C) The defendant's financial obligations, including obligations to dependents; (D) The period of time during which the probation order will be in effect; (E) The goal of the punishment being imposed; and (F) Any other factor the court deems appropriate.

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(2) The court may convert fines, statutory surcharges, and probation supervision fees to community service on the same basis as it allows a defendant to pay a fine through community service as set forth in subsection (d) of Code Section 17-10-1.
(3)(A) As used in this subsection, the term: (i) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (ii) 'Indigent' means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (iii) 'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (iv) 'Totally and permanently disabled' shall have the same meaning as set forth in Code Section 49-4-80.
(B) The court shall waive, modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings. (C) Unless rebutted by a preponderance of the evidence that a defendant will be able to satisfy his or her financial obligations without undue hardship to the defendant or his or her dependents, a defendant shall be presumed to have a significant financial hardship if he or she:
(i) Has a developmental disability; (ii) Is totally and permanently disabled; (iii) Is indigent; or (iv) Has been released from confinement within the preceding 12 months and was incarcerated for more than 30 days before his or her release."

SECTION 2-8. Said title is further amended by revising Code Section 42-8-37, relating to the effect of the termination of the probated portion of a sentence and the review of cases of persons receiving probated sentences, as follows:
"42-8-37. (a) Upon the termination of the probated portion of a sentence, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, that the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission

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of the same or a similar offense or for the subsequent continuation of the offense for which he or she was previously sentenced. (b) The court may at any time cause the probationer to appear before it to be admonished or commended and, when satisfied that its action would be for the best interest of justice and the welfare of society, may discharge the probationer from further supervision.
(c)(1) The case of each person receiving a probated sentence of three years or more shall be reviewed by the officer responsible for such case after service of three years on probation, and a written report of the probationer's progress shall be submitted to the sentencing court along with the officer's recommendation as to early termination. The report shall specifically state whether the probationer has been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37, whether the probationer has been compliant with the general and special conditions of probation imposed, and the status of the probationer's payments toward restitution or any fines and fees imposed. Each such case shall be reviewed and a written report submitted annually thereafter until the termination, expiration, or other disposition of the case. (2) This subsection is intended to be retroactive and applied to any case when a person received a probated sentence of three years or more. (d)(1) When a probationer is on probation for a qualified offense, DCS shall file a petition to terminate his or her probation if, after serving three years on probation, the probationer has:
(A) Paid all restitution owed; (B) Not had his or her probation revoked during such period; and (C) Not been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37. (2) When the court is presented with such petition, it shall take whatever action it determines would be for the best interest of justice and the welfare of society. (3) This subsection is intended to be retroactive and applied to any probationer under the supervision of DCS."

SECTION 2-9. Said title is further amended by revising subsection (b) of Code Section 42-9-41, relating to the duty of the State Board of Pardons and Paroles to obtain and place in records information respecting persons subject to relief or placed on probation, investigations, and rules, as follows:
"(b) The board in its discretion may also obtain and place in its permanent records similar information on each person who may be placed on probation. The board shall immediately examine such records and any other records obtained and make such other investigation as it may deem necessary. It shall be the duty of the court and of all community supervision officers and other appropriate officers to furnish to the board, upon its request, such information as may be in their possession or under their control. The Department of Behavioral Health and Developmental Disabilities and all other state, county, and city

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agencies, all sheriffs and their deputies, and all peace officers shall cooperate with the board and shall aid and assist it in the performance of its duties. The board may make such rules as to the privacy or privilege of such information and as to its use by persons other than the board and its staff as may be deemed expedient in the performance of its duties, provided that such rules do not conflict with Code Section 42-9-61."

SECTION 2-10. Said title is further amended by revising subsections (c), (d), and (e) of Code Section 42-9-42, relating to the procedure for granting relief from sentence, conditions and prerequisites, public access to information, and violation of parole, as follows:
"(c) Good conduct, achievement of a fifth-grade level or higher on standardized reading tests, and efficient performance of duties by an inmate shall be considered by the board in his or her favor and shall merit consideration of an application for pardon or parole. No inmate shall be placed on parole until and unless the board shall find that there is reasonable probability that, if he or she is so released, he or she will live and conduct himself or herself as a respectable and law-abiding person and that his or her release will be compatible with his or her own welfare and the welfare of society. Furthermore, no person shall be released on pardon or placed on parole unless and until the board is satisfied that he or she will be suitably employed in self-sustaining employment or that he or she will not become a public charge. However, notwithstanding other provisions of this chapter, the board may, in its discretion, grant pardon or parole to any aged or disabled persons.
(d)(1) Any person who is paroled shall be released on such terms and conditions as the board shall prescribe, and if he or she is serving a split sentence, the board's conditions shall include all of the terms of probation imposed by the sentencing court. The board shall diligently see that no peonage is allowed in the guise of parole relationship or supervision. The parolee shall remain in the legal custody of the board until the expiration of the maximum term specified in his or her sentence, he or she is pardoned by the board, or his or her supervision is terminated as provided in Code Section 42-9-52. (2) The board may require the payment of a parole supervision fee of at least $10.00 per month as a condition of parole or conditional release. The monthly amount shall be set by rule of the board and shall be uniform state wide. Such fees shall be collected by the department to be paid into the general fund of the state treasury. (e) If a parolee or conditional releasee violates the terms of his or her parole or conditional release, he or she shall be subject to rearrest or extradition for placement in the actual custody of the board, to be redelivered to any state or county correctional institution of this state or placed in any other Department of Corrections facility, including a probation detention center, not to exceed 180 days, or in a residential substance abuse treatment facility, as such term is defined in Code Section 42-8-111, as deemed appropriate by the board. Nothing in this subsection shall be construed to limit or restrict the authority of the commissioner of corrections in making custodial assignments."

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SECTION 2-11. Said title is further amended by revising Code Section 42-9-43, relating to information to be considered by board generally, conduct of investigation and examination, and determination as to grant of relief, as follows:
"42-9-43. (a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be:
(1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution; (2) A report of the conduct of record of the person serving a sentence for a serious violent felony, as such term is defined in Code Section 17-10-6.1, who is in the custody of the Department of Corrections; (3) The results of such physical and mental examinations as may have been made of the person; (4) The extent to which the person appears to have responded to the efforts made to improve his or her social attitude; (5) The industrial record of the person while confined, the nature of his or her occupations while so confined, and a recommendation as to the kind of work he or she is best fitted to perform and at which he or she is most likely to succeed when and if he or she is released; (6) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests; (7) The written statements or oral testimony, if any, of the district attorney of the circuit in which the person was sentenced expressing views and making any recommendation as to parole, conditional release, a pardon for a serious offense, as such term is defined in Code Section 42-9-42, or commutation of a death sentence; (8) The written, oral, audiotaped, or videotaped testimony of the victim, the victim's family, or a witness having personal knowledge of the victim's personal characteristics, including any information prepared by the victim or any individual offering or preparing information on behalf of the victim, for the purpose of the board's consideration of a parole, conditional release, pardon, or commutation of a death sentence if the victim has provided such information to the board; and (9) If the person is or was required to register pursuant to Code Section 42-1-12, any court order issued releasing the person from registration requirements or residency or employment restrictions. (b)(1) As used in this subsection, the term:
(A) 'Debilitating terminal illness' means a disease that cannot be cured or adequately treated and that is reasonably expected to result in death within 12 months. (B) 'Entirely incapacitated' means an offender who:

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(i) Requires assistance in order to perform two or more necessary daily life functions or who is completely immobile; and (ii) Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community. (C) 'Necessary daily life function' means eating, breathing, dressing, grooming, toileting, walking, or bathing. (2) The board may issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness in accordance with Article IV, Section II, Paragraph II of the Constitution. (c)(1) The board shall give at least 30 days' advance written notification to the district attorney of the circuit in which the person was sentenced whenever it considers making a final decision on a pardon for a serious offense, as such term is defined in Code Section 42-9-42, and at least 90 days' advance written notification to such district attorney prior to making a final decision on parole or conditional release for a person sentenced for a serious violent felony, as such term is defined in Code Section 17-10-6.1, and shall provide the district attorney an opportunity to submit information and file a written objection to such actions and shall also provide the person being considered for parole or conditional release an opportunity to submit information. (2) Within 72 hours of receiving a request to commute a death sentence, the board shall provide written notification to the district attorney of the circuit in which the person was sentenced of the date set for hearing such request and shall provide the district attorney an opportunity to submit information and file a written response to such request. (3) The board may also make such other investigation as it may deem necessary in order to be fully informed about the person. (d)(1) Before releasing any person on parole or conditional release, granting a pardon, or commuting a death sentence, the board may have the person appear before it and may personally examine him or her and consider any information it deems relevant or necessary. When objections to relief have been tendered, the board may hold a hearing and consider oral testimony. If the board holds a hearing, it shall provide the district attorney of the circuit in which the person was sentenced 30 days' notice via e-mail of such hearing date and the district attorney or his or her designee may attend such hearing and present evidence to the board and shall also provide the person being considered 30 days' notice of such hearing date and he or she may present evidence to the board. Upon consideration of the reports, files, records, information, and oral testimony submitted, the board shall make its findings and determine whether or not such person shall be granted a pardon, parole, or other relief within the power of the board and determine the terms and conditions thereof, and if such person is serving a split sentence, the board's conditions shall include all of the terms of probation imposed by the sentencing court. (2) Notice of the board's determination shall be given to the person being considered, the correctional official having him or her in custody, if applicable, the district attorney who submitted any information or objection, and the victim if the victim has expressed a

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desire for such notification and has provided the board with a current mailing or e-mail address and telephone number. (e) If a person in custody is granted a pardon, parole, or conditional release, the correctional official having such person in custody, upon notification thereof, shall inform him or her of the terms and conditions thereof and shall, in strict accordance therewith, release the person."

SECTION 2-12. Said title is further amended by revising Code Section 42-9-44, relating to the terms and conditions of parole, adoption of general and special rules, violation of parole, and certain parolees to obtain high school diploma or general educational development (GED) diploma, as follows:
"42-9-44. (a) The board, upon placing a person on parole or conditional release, shall specify in writing the terms and conditions thereof, and if such person is serving a split sentence, the board's conditions shall include all of the terms of probation imposed by the sentencing court. A certified copy of the conditions shall be given to the parolee or conditional releasee. Thereafter, a copy shall be sent to the clerk of the court in which the person was convicted. The board shall adopt general rules concerning the terms and conditions of parole or conditional release and concerning what shall constitute a violation thereof and shall make special rules to govern particular cases. The rules, both general and special, may include, among other things, a requirement that the parolee or conditional releasee shall not leave this state or any definite area in this state without the consent of the board; that the parolee or conditional releasee shall contribute to the support of his or her dependents to the best of the parolee's or conditional releasee's ability; that the parolee or conditional releasee shall make reparation or restitution for his or her crime; that the parolee or conditional releasee shall abandon evil associates and ways; and that the parolee or conditional releasee shall carry out the instructions of his or her community supervision officer, and, in general, so comport himself or herself as the community supervision officer shall determine. A violation of the terms of parole or conditional release may render the parolee or conditional releasee liable to arrest and a return to a penal institution to serve out the term for which the parolee or conditional releasee was sentenced. (b) Each parolee or conditional releasee who does not have a high school diploma or a general educational development (GED) diploma shall be required as a condition of parole or conditional release to obtain a high school diploma or general educational development (GED) diploma or to pursue a trade at a vocational or technical school. Any such parolee or conditional releasee who demonstrates to the satisfaction of the board an existing ability or skill which does in fact actually furnish the parolee or conditional releasee a reliable, regular, and sufficient income shall not be subject to this subsection. Any parolee or conditional releasee who is determined by the department or the board to be incapable of completing such requirements shall only be required to attempt to improve his or her basic

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educational skills. Failure of any parolee or conditional releasee subject to this requirement to attend the necessary schools or courses or to make reasonable progress toward fulfillment of such requirement shall be grounds for revocation of parole or conditional release. The board shall establish regulations regarding reasonable progress as required by this subsection."

SECTION 2-13. Said title is further amended by revising Code Section 42-9-46, relating to cases in which inmate has failed to serve time required for automatic initial consideration, as follows:
"42-9-46. When the board considers a case in which an inmate has not served the time required by Code Section 42-9-45 for automatic initial parole consideration, the board shall notify in writing, at least ten days prior to such early consideration, the sentencing judge, the district attorney of the circuit in which the inmate was sentenced, and any victim of a violation of Chapter 5 of Title 16 or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's contact information has been provided to the board with a current mailing or e-mail address and telephone number. Such notice shall provide a time frame in which such individuals may file an objection to early parole consideration. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim shall be given notice of a hearing date if a hearing will be held and, in order to express their views and make their recommendation as to whether the inmate should be granted early parole, may appear at such hearing or may make a written statement to the board. If an objection was filed and the board grants early parole, it shall issue a statement explaining its reasoning for granting such parole and such statement shall be served on any party who filed an objection."

SECTION 2-14. Said title is further amended by revising Code Section 42-9-52, relating to discharge from parole, earned-time allowance, granting of pardons, commutations, and remissions of fines, forfeitures, or penalties, as follows:
"42-9-52. (a) No person who has been placed on parole shall be discharged therefrom by the board prior to the expiration of the term for which he or she was sentenced or until he or she shall have been duly pardoned or otherwise released as provided in this Code section or as otherwise provided by law. (b) The board may adopt rules and regulations, policies, and procedures for the granting of earned time to persons while serving their sentences on parole or other conditional release to the same extent and in the same amount as if such person were serving the sentence in custody. The board shall also be authorized to withhold or to forfeit, in whole or in part, any such earned-time allowance.

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(c) When a parolee or conditional releasee is serving a split sentence for a qualified offense, as such term is defined in Code Section 42-8-21, the board shall review such case after such parolee or conditional releasee has successfully completed 12 consecutive months of parole supervision to consider commutation of such sentence. The board may relieve a parolee or conditional releasee from making further reports and may permit such person to leave the state or county if satisfied that this is for the parolee's or conditional releasee's best interest and for the best interest of society. When a parolee or conditional releasee has, in the opinion of the board, so conducted himself or herself as to deserve a pardon or a commutation of sentence or the remission in whole or in part of any fine, forfeiture, or penalty, the board may grant such relief in cases within its power. The board may take into consideration whether or not a person is serving a split sentence in its determination of granting any relief."

SECTION 2-15. Said title is further amended by revising Code Section 42-9-53, relating to the preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings, as follows:
"42-9-53. (a) Subject to other laws, the board shall preserve on file all documents on which it has acted in the granting of pardons, paroles, conditional releases, and other relief.
(b)(1) All information, both oral and written, received by the members of the board in the performance of their duties under this chapter and all reports, files, records, and information coming into their possession by reason of the performance of their duties under this chapter shall be classified as confidential state secrets until declassified by the board; provided, however, that the board shall be authorized:
(A) To disclose to an alleged violator of parole or conditional release the evidence introduced against him or her at a final hearing on the matter of revocation of parole or conditional release; and (B) To disclose information as provided in Code Section 42-9-61. (2) The department may make supervision records of the department available to officials employed with the Department of Corrections and the Sexual Offender Registration Review Board, provided that the same shall remain confidential and not available to any other person or subject to subpoena unless declassified by the commissioner of community supervision. (c) No person shall divulge or cause to be divulged in any manner any confidential state secret. Any person violating this Code section or any person who causes or procures a violation of this Code section or conspires to violate this Code section shall, upon conviction, be guilty of a misdemeanor. (d) All hearings required to be held by this chapter shall be public, and the transcript thereof shall be exempt from subsection (b) of this Code section. All records and documents which were public records at the time they were received by the board shall be

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exempt from subsection (b) of this Code section. All information, reports, and documents required by law to be made available to the General Assembly, the Governor, or the state auditor shall be exempt from subsection (b) of this Code section."

SECTION 2-16. Said title is further amended by adding a new Code section to read as follows:
"42-9-61. (a) After the board provides the notice of making a final decision on parole or conditional release as required by subsection (c) of Code Section 42-9-43, both the prosecuting attorney and the person being considered for such relief may make a written request to the board for the report set forth in paragraph (2) of subsection (a) of Code Section 42-9-43 and the board shall promptly provide such report as well as any other information the board has declassified. (b) The disclosure of the report set forth in paragraph (2) of subsection (a) of Code Section 42-9-43 pursuant to this Code section shall not vitiate the confidential nature of such report and such report shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50."

SECTION 2-17. Code Section 51-1-54 of the Official Code of Georgia Annotated, relating to the Program and Treatment Completion Certificate, is amended by revising subsections (a) and (b) as follows:
"(a) As used in this Code section, the term 'Program and Treatment Completion Certificate' means the certificate issued pursuant to Code Section 42-2-5.2 or Code Section 42-3-2. (b) Issuance of a Program and Treatment Completion Certificate by the Board of Corrections or the Board of Community Supervision or the granting of a pardon from the State Board of Pardons and Paroles as provided in the Constitution and Code Section 42-9-42 shall create a presumption of due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise engaging in activity with the individual to whom the Program and Treatment Completion Certificate was issued or the pardon was granted. Such presumption may be rebutted by relevant evidence which extends beyond the scope of the Program and Treatment Completion Certificate or pardon and which was known or should have been known by the person against whom negligence is asserted."

PART III SECTION 3-1.

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

Approved May 9, 2017.

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COURTS JUVENILE CODE; GEORGIA COUNCIL ON CRIMINAL JUSTICE REFORM REVISIONS.

No. 227 (Senate Bill No. 175).

AN ACT

To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, so as to enact reforms relating to juvenile court proceedings recommended by the Georgia Council on Criminal Justice Reform; to allow juvenile courts to impose certain conditions on parents, guardians, and legal custodians of children who are in need of services, delinquent, or involved in a court's community based risk reduction program; to provide for procedure; to provide for cross-references; to change provisions relating to the detention of a delinquent child who has been determined to be incompetent to proceed in juvenile court proceedings; to provide for professional input as to the detention of a child who has been determined to be incompetent to proceed; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by adding a new Code section to read as follows:
"15-11-29.1. (a) In any proceeding involving a child in need of services or a delinquent child or when a case plan has been imposed under Code Sections 15-11-38 and 15-11-39, upon the application of the prosecuting attorney or a party to the plan under Code Sections 15-11-38 and 15-11-39, or on the court's own motion, the court may issue an order restraining or otherwise controlling the conduct of such child's parent, guardian, or legal custodian so as to promote such child's treatment, rehabilitation, and welfare, provided that due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to such parent, guardian, or legal custodian. When the court is determining if an order is appropriate, it shall consider:
(1) The best interests of such child; (2) The risk to public safety such delinquent child poses; (3) Evidence of a repeated pattern of behavior by such child; and (4) The extent to which enhanced involvement and supervision of such child may ameliorate public safety concerns.

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(b) An order issued under this Code section may require a parent, guardian, or legal custodian to:
(1) Ensure that the child attends school pursuant to any law relating to compulsory attendance; (2) Monitor the child's school homework and studies after school; (3) Attend school meetings as requested by the child's teacher, counselor, or school administrator; (4) Participate with the child in any counseling or treatment deemed necessary, after consideration of employment and other family needs, and follow recommendations made by such professionals; (5) Provide transportation for the child to attend counseling, programs, or other services ordered by the court; (6) Provide instruction and guidance to improve the child's behavior; (7) Prohibit specific individuals from having contact with the child or from entering the child's residence; (8) When the child is on probation:
(A) Provide transportation to the probation office or any other counseling or program directed by the child's probation officer; (B) Cooperate with the child's probation officer and answer all of his or her questions truthfully; and (C) Allow access to the child upon the request of the probation officer; (9) Enter into and successfully complete a substance abuse program approved by the court; (10) Abstain from offensive conduct against the child; (11) Pay for the costs and expenses of the child's counseling, treatment, or other services in the same manner as set forth in subsection (c) of Code Section 15-11-36; (12) Pay restitution as set forth in Code Section 17-14-5; (13) Pay any judgment entered pursuant to Code Section 51-2-3; and (14) Take any other action or refrain from any other action that the court finds reasonably related to the child's treatment, rehabilitation, or welfare and the safety of the public. (c) After notice and opportunity for hearing afforded to a person subject to an order entered under this Code section, such order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby. (d) An order entered pursuant to this Code section may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, when protection of the welfare of a child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court."

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SECTION 1-2. Said chapter is further amended by revising Code Section 15-11-39, relating to risk assessments or risk and needs assessments for community based risk reduction programs and case plans, by adding a new subsection to read as follows:
"(f) In any jurisdiction within which a risk reduction program has been established, such court may issue an order authorized by Code Section 15-11-29.1."

SECTION 1-3. Said chapter is further amended in Code Section 15-11-442, relating to the disposition hearing for a child in need of services, by revising paragraphs (9) and (10) of subsection (b) as follows:
"(9) Any order authorized for the disposition of a delinquent child except that a child in need of services shall not be placed in a secure residential facility or nonsecure residential facility nor shall such facility accept such child; (10) Any order authorized under Code Section 15-11-29.1; or (11) Any combination of the dispositions set forth in paragraphs (1) through (10) of this subsection as the court deems to be in the best interests of a child and the public."

SECTION 1-4. Said chapter is further amended in Code Section 15-11-601, relating to the disposition of a delinquent act, by deleting "or" at the end of subparagraph (a)(10)(B), by replacing the period with "; or" at the end of paragraph (11) of subsection (a), and by adding a new paragraph to read as follows:
"(12) Any order authorized under Code Section 15-11-29.1."

PART II SECTION 2-1.

Said chapter is further amended by revising paragraphs (4) through (6) of subsection (d) of Code Section 15-11-653, relating to the evaluation of a child's mental condition, procedures, written reports, and additional evaluations, as follows:
"(4) A recommendation on the appropriate treatment or services; (5) A recommendation as to the least restrictive setting in which competency remediation services may be effectively provided to such child if he or she is in a secure residential facility or nonsecure residential facility and how such detention should continue; (6) When appropriate, recommendations for modifications of court procedure which may help compensate for mental competency weaknesses; and (7) Any relevant medication history."

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SECTION 2-2. Said chapter is further amended by revising subsections (d) and (g) of Code Section 15-11-656, relating to the disposition of an incompetent child, as follows:
"(d) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and the mandated outpatient competency remediation services. If such child is in an out-of-home placement, the court shall specify the type of competency remediation services to be performed at such child's location. A child may be placed in a facility or program authorized or designated by DBHDD if the court makes a finding by clear and convincing evidence that all available less restrictive alternatives, including treatment in community residential facilities or community settings which would offer an opportunity for improvement of a child's condition, are inappropriate."
"(g)(1) If a child is detained in a secure residential facility or nonsecure residential facility and the court determines that such child is incompetent to proceed, within five days of such determination the court shall issue an order to:
(A) Immediately release such child to the appropriate parent, guardian, or legal custodian; or (B) Detain such child in the least restrictive setting, if such child is alleged to have committed a delinquent act and the court finds by clear and convincing evidence that such child's detention or care is required:
(i) To reduce the likelihood that he or she may inflict serious bodily harm to others; (ii) Because he or she has a demonstrated pattern of theft or destruction of property such that detention is required to protect the property of others; or (iii) Because detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court. (2) If such child is unrestorably incompetent to proceed, such child shall not be detained in a secure residential facility or nonsecure residential facility after a comprehensive services plan has been adopted as provided in Code Section 15-11-451. If such child is incompetent to proceed but his or her incompetence may be remediated, such child shall not be detained in a secure residential facility or nonsecure residential facility for any longer period of time than is allowed for the disposition of a delinquent act under Code Section 15-11-601 or for the disposition of a class A designated felony act or class B designated felony act under Code Section 15-11-602, as applicable."

PART III SECTION 3-1.

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

Approved May 9, 2017.

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CRIMINAL PROCEDURE MOTOR VEHICLES AND TRAFFIC ENACT REFORMS RECOMMENDED BY GEORGIA COUNCIL ON CRIMINAL JUSTICE REFORM REGARDING DRIVING PRIVILEGES FOR PERSONS CHARGED WITH OR CONVICTED OF CERTAIN CRIMINAL VIOLATIONS.

No. 228 (Senate Bill No. 176).

AN ACT

To amend Title 17 and Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to criminal procedure and drivers' licenses, respectively, so as to enact reforms relating to driving privileges recommended by the Georgia Council on Criminal Justice Reform; to change and provide for the procedure of issuing bench warrants for individuals charged with certain traffic, motorist, and road violations; to remove a barrier to obtaining a habitual violator probationary license; to change provisions relating to third and subsequent convictions under Code Section 40-6-391 involving controlled substances or marijuana; to change provisions relating to reinstatement of certain licenses under certain 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. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsections (a) and (b) of Code Section 17-6-11, relating to the display of a driver's license for violations of certain traffic related laws, as follows:
"(a)(1) When an individual is apprehended by an officer for the violation of the laws of this state or ordinances relating to the offenses listed in paragraph (2) of this subsection, he or she may display his or her driver's license and be issued a uniform traffic citation in lieu of being:
(A) Brought before the proper magistrate or other judicial officer; (B) Incarcerated; (C) Ordered to post a bond; or (D) Ordered a recognizance for his or her appearance for trial. (2) This subsection shall apply to any violation: (A) Of Title 40 except any offense:
(i) For which a driver's license may be suspended for a first offense by the commissioner of driver services; (ii) Covered under Code Section 40-5-54; or (iii) Covered under Article 15 of Chapter 6 of Title 40; (B) Involving the width, height, and length of vehicles and loads;

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(C) Involving motor common carriers and motor contract carriers; (D) Involving hazardous materials transportation; or (E) Involving road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48. (3) The apprehending officer shall include the individual's driver's license number on the uniform traffic citation. The uniform traffic citation, duly served as provided in this Code section, shall give the judicial officer jurisdiction to dispose of the matter. (4) Upon display of the driver's license, the apprehending officer shall release the individual so charged for his or her further appearance before the proper judicial officer as required by the uniform traffic citation. (b)(1) When a uniform traffic citation is issued and if the accused fails to appear for court or otherwise dispose of his or her charges before his or her scheduled court appearance as stated on the uniform traffic citation, prior to the court issuing a bench warrant, the clerk of court shall notify the accused by first-class mail or by postcard at the address listed on the uniform traffic citation of his or her failure to appear. Such notice shall be dated and allow the accused 30 days from such date to dispose of his or her charges or waive arraignment and plead not guilty. If after the expiration of such 30 day period the accused fails to dispose of his or her charges or waive arraignment and plead not guilty, the clerk of court in which the charges are lodged shall, within five days of such date, forward to the Department of Driver Services the accused's driver's license number. The commissioner of driver services shall, upon receipt of such driver's license number, suspend such accused's driver's license and driving privilege until notified by the clerk of court that the charge against the accused has been finally adjudicated. Such accused's driver's license shall be reinstated when he or she submits proof of the final adjudication and pays to the Department of Driver Services a restoration fee of $50.00 or $25.00 when such reinstatement is processed by mail. (2) This subsection shall not apply to any violation of Title 40: (A) For which a driver's license may be suspended for a first offense by the commissioner of driver services; (B) Covered under Code Section 40-5-54; or (C) Covered under Article 15 of Chapter 6 of Title 40."

SECTION 2. Said title is further amended by revising Code Section 17-7-90, relating to "bench warrant" defined, execution, receiving bail, fixing bond, and approving sureties, as follows:
"17-7-90. (a) A bench warrant may be issued by a judge for the arrest of a person:
(1) Accused of a crime by a grand jury; (2) Except as otherwise provided in Code Section 17-6-11, charged with a crime who has failed to appear in court after:
(A) Actual notice of the time and place to appear to the person in open court;

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(B) Notice of the time and place to appear to the person by mailing a notice to such person's last known address; or (C) The person has otherwise been notified of the time and place to appear personally, in writing, by a court official or officer of the court; (3) Charged with a crime upon the filing by the prosecutor of an accusation supported by affidavit; or (4) Who failed to dispose of his or her charges or waive arraignment and plead not guilty after the expiration of the 30 day period set forth in subsection (b) of Code Section 17-6-11. (b) Every officer is bound to execute a bench warrant within his or her jurisdiction, and every person so arrested shall be committed to jail until bail is tendered. Any judicial officer or the sheriff of the county where the charge was returned may receive the bail, fix the amount of the bond, and approve the sureties unless it is a case that is bailable only before some particular judicial officer."

SECTION 3. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subparagraph (e)(1)(D) of Code Section 40-5-58, relating to habitual violators and probationary licenses, as follows:
"(D) Reserved;"

SECTION 4. Said chapter is further amended by revising paragraph (3) of subsection (a) and paragraph (1) of subsection (g) of Code Section 40-5-75, relating to the suspension of drivers' licenses by operation of law and reinstatement, as follows:
"(3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58. 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 directly 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."
"(g)(1)(A) Effective July 1, 2016, 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 subparagraph 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 other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in

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a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76. (B) Effective July 1, 2017, 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 1 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 subparagraph 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 other 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 under the influence court division in accordance with subsection (a) of Code Section 40-5-76."

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

Approved May 9, 2017.

__________

CRIMES AND OFFENSES HEALTH LOW THC OIL; POSSESSION, CONDITIONS, AND ELIGIBILITY.

No. 229 (Senate Bill No. 16).

AN ACT

To amend Code Sections 16-12-191 and 31-2A-18 of the Official Code of Georgia Annotated, relating to possession, manufacture, distribution, or sale of low THC oil, and the establishment of the Low THC Oil Patient Registry, definitions, purpose, registration cards, quarterly reports, and waiver forms, respectively, so as to change provisions relating to the possession of low THC oil; to change provisions relating to conditions and eligibility; to provide a definition; to change certain reporting requirements; 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 16-12-191 of the Official Code of Georgia Annotated, relating to possession, manufacture, distribution, or sale of low THC oil, is amended by revising subsection (a) as follows:
"(a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess or have under his or her control 20 fluid ounces or less of low THC oil if such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein and:
(A) Such person is registered with the Department of Public Health as set forth in Code Section 31-2A-18 and has in his or her possession a registration card issued by the Department of Public Health; or (B) Such person has in his or her possession a registration card issued by another state that allows the same possession of low THC oil as provided by this state's law; provided, however, that such registration card shall not be lawful authority when such person has been present in this state for 45 days or more. (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses or has under his or her control 20 fluid ounces or less of low THC oil without complying with paragraph (1) of this subsection shall be punished as for a misdemeanor."

SECTION 2. Code Section 31-2A-18 of the Official Code of Georgia Annotated, relating to the establishment of the Low THC Oil Patient Registry, definitions, purpose, registration cards, quarterly reports, and waiver forms, is amended by revising paragraph (3) of subsection (a) and subsections (c) through (e) as follows:
"(3) 'Condition' means: (A) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting; (B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end stage; (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries; (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage; (E) Crohn's disease; (F) Mitochondrial disease; (G) Parkinson's disease, when such disease is diagnosed as severe or end stage; (H) Sickle cell disease, when such disease is diagnosed as severe or end stage; (I) Tourette's syndrome, when such syndrome is diagnosed as severe; (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at least 18 years of age, or severe autism, when diagnosed for a patient who is less than 18 years of age; (K) Epidermolysis bullosa; (L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;

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(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as severe or end stage; or (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage." "(c) The purpose of the registry is to provide a registration of individuals and caregivers who have been issued registration cards. The department shall establish procedures and promulgate rules and regulations for the establishment and operation of the registration process and dispensing of registry cards to individuals and caregivers. (d) The department shall issue a registration card to individuals who have been certified to the department by his or her physician as being diagnosed with a condition or is an inpatient or outpatient in a hospice program and have been authorized by such physician to use low THC oil as treatment. The department shall issue a registration card to a caregiver when the circumstances warrant the issuance of such card. The board shall establish procedures and promulgate rules and regulations to assist physicians in providing required uniform information relating to certification and any other matter relating to the issuance of certifications. In promulgating such rules and regulations, the board shall require that physicians have a doctor-patient relationship when certifying an individual as needing low THC oil and physicians shall be required to be treating such individual for the specific condition requiring such treatment or be treating such individual in a hospice program. (e) The board shall require physicians to issue semiannual reports to the board. Such reports shall require physicians to provide information, including, but not limited to, dosages recommended for a particular condition, patient clinical responses, levels of tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance, responses to treatment, side effects, and drug interactions."

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

Approved May 9, 2017.

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FOOD, DRUGS, AND COSMETICS LICENSURE OF DURABLE MEDICAL EQUIPMENT SUPPLIERS.

No. 230 (Senate Bill No. 41).

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 durable medical equipment suppliers; to provide for a definition; to provide for requirements for licensure; to provide for discipline and revocation; to provide for inspections; to provide for exemptions; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 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 a new paragraph to read as follows:
"(14.05) 'Durable medical equipment' means equipment for which a prescription is required, including repair and replacement parts for such equipment, and which:
(A) Can withstand repeated use; (B) Has an expected life of at least three years; (C) Is primarily and customarily used to serve a medical purpose; (D) Generally is not useful to a person in the absence of illness or injury; and (E) Is appropriate for use in the home."

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 adding a new paragraph to subsection (a) to read as follows:
"(14.1) The issuance, suspension, denial, and renewal of licenses for suppliers of durable medical equipment pursuant to Code Section 26-4-51;"

SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"26-4-51. (a) Any person who supplies durable medical equipment to a consumer and submits a claim for reimbursement by a third party, either directly or through a contractual

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arrangement, shall possess a durable medical equipment supplier license issued by the board pursuant to this Code section. (b) The board shall be authorized to issue a license to an applicant for licensure as a durable medical equipment supplier if the applicant:
(1) Submits an application in the form prescribed by the board; (2) Maintains an office or place of business within this state; (3) Pays the license fee established by the board pursuant to paragraph (37) of subsection (a) of Code Section 26-4-28; and (4) Meets all safety standards and requirements established by the board, including but not limited to the establishment of written procedures for:
(A) Ensuring that all personnel engaged in delivery, maintenance, and repair of durable medical equipment receives annual continuing education; (B) Instructing the patient or patient's caregiver on how to use the durable medical equipment provided; (C) Receiving and responding to complaints from patients; (D) Maintaining records of all patients receiving durable medical equipment; and (E) Management, maintenance, and servicing of durable medical equipment. (c) The board may issue a license to a Medicare enrolled out-of-state manufacturer or wholesale distributor that provides durable medical equipment directly to consumers if such manufacturer or wholesale distributor possesses a valid license from another state. Such manufacturer or wholesale distributor shall be exempt from the requirements of paragraph (2) of subsection (b) of this Code section. (d) Licenses issued pursuant to this Code section shall be effective for 36 months from the date of issuance and shall not be transferable or assignable. (e) The board may refuse to issue or renew, or may suspend, revoke, or restrict the licenses of, or fine any person pursuant to the procedures set forth in Code Section 26-4-60 for any of the grounds set forth in subsection (a) of such Code section or upon a finding that the applicant or licensee: (1) Has violated any state or federal law or regulation related to the provision of durable medical equipment; or (2) Fails to meet the safety standards established by the board. (f) The board reserves the right to initially and periodically inspect the applicant's or licensee's office or place of business within this state. Such applicant or licensee shall be required to pay a reasonable and adequate fee established by the board pursuant to paragraph (37) of subsection (a) of Code Section 26-4-28 to cover the cost of such inspections. (g) The following persons and entities shall be exempt from the requirements of this Code section unless any such person or entity has a separate company, corporation, or division that is in the business of supplying durable medical equipment to consumers and submits a claim for reimbursement by a third party: (1) Pharmacies and pharmacists;

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(2) Hospitals; (3) Ambulatory surgical centers; (4) Health care facilities owned or operated by the state or federal government; (5) Skilled nursing facilities; (6) Assisted living facilities; (7) Health care practitioners who:
(A) Provide durable medical equipment within the scope of practice of the health care practitioner's profession; and (B) Are licensed in this state to practice the health care practitioner's profession; (8) Suppliers of insulin infusion pumps and related supplies or services; (9) Manufacturers or wholesale distributors that do not sell or rent durable medical equipment directly to consumers; (10) Renal dialysis providers licensed under Code Section 31-44-4 and persons or entities that distribute devices necessary to perform home renal dialysis to patients with chronic kidney disease; and (11) Suppliers of osteogenesis stimulators, transcutaneous electrical nerve stimulators, pneumatic compression devices, and related supplies or services. (h) The board shall promulgate rules and regulations necessary to implement the provisions of this Code section. Such rules and regulations shall be established with the intent of ensuring patient safety and quality of durable medical equipment. The board may provide by rules and regulations that any person accredited by organizations recognized by the federal Centers for Medicare and Medicaid Services is deemed to meet all or some of the requirements of this Code section. Further, the board shall be authorized to require the completion of background checks, including, but not limited to, criminal history record checks, on any applicants or licensees, on any persons who will have direct contact with patients, and on any other licensee personnel deemed necessary for purposes of patient safety. (i) Nothing in this Code section shall be construed to restrict or prohibit the ability of a person or business to engage in a private transaction between two parties."

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

Approved May 9, 2017.

GEORGIA LAWS 2017 SESSION

617

MENTAL HEALTH LICENSED PROFESSIONAL COUNSELOR AUTHORIZED TO PERFORM CERTAIN ACTS; REMOVE SUNSET PROVISION.

No. 231 (Senate Bill No. 52).

AN ACT

To amend an Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), as amended, particularly by an Act approved March 10, 2015 (Ga. L. 2015, p. 4), so as to repeal a sunset provision; to provide for an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), as amended, particularly by an Act approved March 10, 2015 (Ga. L. 2015, p. 4), is amended by repealing Section 2A.

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

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

Approved May 9, 2017.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

AGRICULTURE PACKAGING AND LABELING AND REGISTRATION OF ORGANIC PRODUCTS AND CERTIFYING ENTITIES; ELIMINATE CERTAIN REGISTRATION REQUIREMENT.

No. 232 (Senate Bill No. 69).

AN ACT

To amend Code Section 2-21-4 of the Official Code of Georgia Annotated, relating to packaging and labeling and registration of organic products and certifying entities, so as to eliminate a registration requirement; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 2-21-4 of the Official Code of Georgia Annotated, relating to packaging and labeling and registration of organic products and certifying entities, is amended by revising subsection (e) as follows:
"(e) On and after January 1, 2003, no organization, business, firm, or individual shall act as a certifying entity in this state unless such organization, business, firm, or individual has first registered with the department. The Commissioner shall establish by regulation registration standards for producers, processors, distributors, handlers, and certifying entities not inconsistent with this chapter. Registration shall be made upon forms prescribed and furnished by the department. Registrations shall expire on the last day of December of the year for which they are issued. The Commissioner shall establish by rule a registration fee for certifying entities in an amount of not less than $75.00 nor more than $1,000.00 per annum and may establish classes of certifying entities with different registration fees for each class. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1."

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

Approved May 9, 2017.

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619

FOOD, DRUGS, AND COSMETICS COMMISSIONER OF AGRICULTURE; RULES AND REGULATIONS; WAIVERS UNDER CERTAIN CIRCUMSTANCES.

No. 233 (Senate Bill No. 78).

AN ACT

To amend Article 2 of Chapter 2 of Title 26, relating to the adulteration and misbranding of food, so as to authorize the Commissioner of Agriculture to issue a variance or waiver to certain rules and regulations of the department; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 2 of Title 26, relating to the adulteration and misbranding of food, is amended by revising Code Section 26-2-34, relating to promulgation of regulations and notice and hearing for regulations, as follows:
"26-2-34. (a) The authority to promulgate regulations for the efficient enforcement of this article is vested in the Commissioner. The Commissioner is authorized to make the regulations promulgated under this article conform, insofar as practicable, with those promulgated under the federal act. (b) Hearings authorized or required by this article shall be conducted by the Commissioner or such officer, agent, or employee as the Commissioner may designate for the purpose. (c) Before promulgating any regulation authorized by Code Sections 26-2-35 and 26-2-37 and paragraph (10) of Code Section 26-2-28, the Commissioner shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation so promulgated shall become effective on a date fixed by the Commissioner, which date shall not be prior to 30 days after its promulgation. Such regulation may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a regulation amending or repealing any such regulation, the Commissioner, to such an extent as is deemed necessary, in order to prevent undue hardship, may disregard the foregoing provisions regarding notices, hearing, or effective date.
(d)(1) For purposes of this subsection, the term: (A) 'Substantial hardship' means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business.

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(B) 'Variance' means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. (C) 'Waiver' means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule. (2) The Commissioner may grant a variance or waiver to any rule promulgated pursuant to this Code section when a person subject to such rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person. (3) This subsection shall not apply, and no variance or waiver shall be sought or authorized, if the granting of such variance or waiver would be harmful to the public health, safety, or welfare."

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

Approved May 9, 2017.

__________

PROPERTY ASSETS IN HEALTH SAVINGS ACCOUNTS AND MEDICAL SAVINGS ACCOUNTS EXEMPT FROM BANKRUPTCY; CANCELLATION OF JUDGMENT LIENS.

No. 234 (Senate Bill No. 87).

AN ACT

To amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to add assets in health savings accounts and medical savings accounts to the list of property that is exempt from bankruptcy to provide for the cancellation of judgment liens against certain property in bankruptcy; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, is amended in paragraph (2) of

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subsection (a) by deleting "and" at the end of subparagraph (E), by replacing the period with "; and" at the end of subparagraph (F), and by adding a new subparagraph and a new subsection to read as follows:
"(G) Moneys paid into or out of, the assets of, and the income of a health savings account or medical savings account authorized under Chapter 51 of Title 33 or Sections 220 and 223 of the Internal Revenue Code of 1986." "(d)(1) At any time after closing of a case filed pursuant to an act of Congress relating to bankruptcy, the debtor, his or her receiver or trustee, or any interested party may file with a clerk of court where a judgment lien is recorded an affidavit of lien release and shall attach thereto a certified copy of the discharge of such bankrupt or debtor and a lien avoidance order, or a certified copy of the order of confirmation of a plan and the plan as confirmed, together with a copy of the portions of the schedules filed by the debtor in the bankruptcy case listing the judgment creditor and identifying property as exempt. In addition, the filer shall certify that no order has been entered in the bankruptcy limiting the discharge as to the judgment or retaining the judgment lien. (2) Upon filing such affidavit, the lien of such judgment shall be deemed cancelled as to: (A) Any property which was:
(i) Identified as exempt and for which a lien avoidance order was issued; or (ii) Re-vested in the debtor without lien retention under a plan; and (B) Any other property acquired by the debtor after the filing of the bankruptcy petition. (3) The clerk of court shall file such affidavit in the deed records and index the recording information as to the affidavit of lien release on the judgment lien in the appropriate lien record."

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

Approved May 9, 2017.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS LAW ENFORCEMENT STATE-WIDE MASTER AND COUNTY MASTER JURY LISTS.

No. 235 (Senate Bill No. 95).

AN ACT

To amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to selection of jurors, so as to change provisions relating to the collection of data for the compilation of the state-wide master jury list; to provide for the Supreme Court to make certain rules relating to the state-wide master jury list and county master jury lists; to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center, so as to provide for conforming cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to selection of jurors, is amended by revising Code Section 15-12-40.1, relating to the state-wide master jury list, driver's license information, list of registered voters, and random list of persons to comprise the venire, as follows:
"15-12-40.1. (a) After July 1, 2011, the council shall compile a state-wide master jury list. (b) On and after July 1, 2017, upon the council's request, the Department of Driver Services shall provide the council data showing the full name of all persons who are at least 18 years of age and residents of this state who have been issued a driver's license or personal identification card pursuant to Chapter 5 of Title 40. In addition to the person's full name, the Department of Driver Services shall include the person's address, city of residence, date of birth, gender, driver's license or personal identification card number, and, whenever racial information is collected by the Department of Driver Services, racial information. The Department of Driver Services shall provide the document issue date and document expiration date; shall indicate whether the document is a driver's license or a personal identification card; and shall exclude persons whose driver's license has been suspended or revoked due to a felony conviction, whose driver's license has been expired for more than 730 days, or who have been identified as not being citizens of the United States. Such data shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the Department of Driver Services, which

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shall be a representation of the last four digits of the social security number associated with each driver's license or personal identification card holder. The council shall provide the Department of Driver Services with the software required to generate such secure unique identifier. The Department of Driver Services shall also provide the names and identifying information specified by this subsection of persons convicted in this state or in another state of driving without a license. Such data shall be in electronic format as required by the council.
(c)(1) On and after July 1, 2017, upon request by the council, the Secretary of State shall provide to the council, without cost, data showing:
(A) The list of registered voters, including the voter's date of birth, address, gender, driver's license number, and when it is available, the voter's race. Such list shall exclude persons whose voting rights have been removed; and (B) The full name, date of birth, address, gender, and, when such information is available, the race of any individual declared as mentally incompetent within the information collected by the Secretary of State under subsection (b) of Code Section 21-2-231. (2) The data provided to the council pursuant to this subsection shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the Secretary of State, which shall be a representation of the last four digits of the social security number associated with each voter. The council shall provide the Secretary of State with the software required to generate such secure unique identifier. (d) On and after July 1, 2014, each clerk shall obtain its county master jury list from the council. The council shall disseminate, in electronic format, a county master jury list to the respective clerk once each calendar year. The council shall determine the fee to be assessed each county for such list, provided that such fee shall not exceed 3 per name on the list. The council shall invoice each clerk upon the delivery of the county master jury list, and the recipient county shall remit payment within 30 days of the invoice. (e) On and after July 1, 2017, upon request by the council, the Department of Public Health shall provide to the council, without cost, data relating to death certificates for residents of this state for the 15 year period preceding the date of the request. In addition to the deceased person's full name, the data shall include the person's address, including the county of residence and ZIP Code, date of birth, gender, county in which the person died, and, when such information is available, the person's race. Such data shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the Department of Public Health, which shall be a representation of the last four digits of the social security number associated with each deceased person. The council shall provide the Department of Public Health with the software required to generate such secure unique identifier. Such data shall be in electronic format as required by the council. (f) On and after July 1, 2017, upon request by the council, the Department of Corrections shall provide to the council, without cost, data showing a list of the names of all persons

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who have been convicted of a felony in this state. In addition to the convicted person's full name, the data shall include the person's address, including the county of residence and ZIP Code, date of birth, gender, and, when such information is available, the convicted person's race. Such data shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the Department of Corrections, which shall be a representation of the last four digits of the social security number associated with each convicted person. The council shall provide the Department of Corrections with the software required to generate such secure unique identifier. Such data shall be in electronic format as required by the council. (g) On and after July 1, 2017, upon request by the council, the State Board of Pardons and Paroles shall provide to the council, without cost, data showing a list of the names of all persons who have had his or her civil rights restored. In addition to the person's full name, the data shall include the person's address, including the county of residence and ZIP Code, date of birth, gender, and, when such information is available, the person's race. Such data shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the State Board of Pardons and Paroles, which shall be a representation of the last four digits of the social security number associated with each person. The council shall provide the State Board of Pardons and Paroles with the software required to generate such secure unique identifier. Such data shall be in electronic format as required by the council. (h) On or after July 1, 2017, in each county the clerk shall choose a random list of persons from the county master jury list to comprise the venire. (i) The Supreme Court may establish, by rules, reasonable standards for the preparation, dissemination, and technological improvements of the state-wide master jury list and county master jury lists."

SECTION 2. Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center, is amended by revising paragraph (16) of subsection (a) as follows:
"(16) Provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 21-2-231, without charge and in the electronic format requested; and"

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

Approved May 9, 2017.

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625

HEALTH PUBLIC OFFICERS AND EMPLOYEES AUTHORIZE REGISTERED PROFESSIONAL NURSES, NURSE PRACTITIONERS, AND PHYSICIAN ASSISTANTS TO PRONOUNCE DEATH IN CERTAIN CIRCUMSTANCES.

No. 236 (Senate Bill No. 96).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the pronouncement of death by registered professional nurses, nurse practitioners, or physician assistants of patients in nursing homes even if they are organ donors; to provide for the pronouncement of death by registered professional nurses, nurse practitioners, or physician assistants of patients in hospice care even if they are organ donors; to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to coroner's or county medical examiner's duties after notice of suspicious or unusual death, so as to make a conforming change; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-7-16, relating to determination or pronouncement of death of patient who died in a facility classified as a nursing home, as follows:
"31-7-16. When a patient dies in any facility classified as a nursing home by the department and operating under a permit issued by the department, a physician assistant, a nurse practitioner, or a registered professional nurse licensed in this state and employed by such nursing home at the time of apparent death of such person, in the absence of a physician, may make the determination and pronouncement of the death of said patient; provided, however, that when it appears that a patient died from other than natural causes, only a physician may make the determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the department."

SECTION 2. Said title is further amended by revising Code Section 31-7-176.1, relating to determination or pronouncement of death of patients in hospice care, as follows:

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"31-7-176.1. When a patient who is terminally ill or whose death is anticipated and who is receiving hospice care from a licensed hospice dies, a physician assistant, a nurse practitioner, or a registered professional nurse licensed in this state and employed by such hospice at the time of apparent death of such person, in the absence of an attending physician, may make the determination and pronouncement of the death of said patient. Such determination or pronouncement shall be made in writing on a form approved by the commissioner of community health."

SECTION 3. Said title is further amended by revising subsection (a) of Code Section 31-10-16, relating to criteria for determining death and immunity from liability, as follows:
"(a) A person may be pronounced dead by a qualified physician, by a registered professional nurse or nurse practitioner authorized to make a pronouncement of death under Code Section 31-7-16 or 31-7-176.1, by an advanced practice registered nurse authorized to make a pronouncement of death under subsection (o) of Code Section 43-34-25, or by a physician assistant authorized to make a pronouncement of death under Code Section 31-7-16 or 31-7-176.1 or subsection (j) of Code Section 43-34-103, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function or (2) irreversible cessation of all functions of the entire brain, including the brain stem."

SECTION 4. Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to coroner's or county medical examiner's duties after notice of suspicious or unusual death, is amended by revising paragraph (1) of subsection (a) as follows:
"(a)(1) Upon receipt of the notice required by Code Section 45-16-24, the coroner or county medical examiner shall immediately take charge of the body. If a registered professional nurse, nurse practitioner, advanced practice registered nurse, or physician assistant authorized to make a pronouncement of death under Code Section 31-10-16 or a qualified physician is not available, a coroner, deputy coroner, or medical examiner's investigator may make a pronouncement of death at the investigation scene if, and only if, one or more of the following conditions is met:
(A) The body is in a state of rigor mortis with lividity present; (B) The body is in a state of decomposition evidenced by a component of putrefaction; (C) The body is skeletonized; or (D) Death has been established by qualified emergency medical services personnel."

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

Approved May 9, 2017.

__________

PROFESSIONS AND BUSINESSES PAIN MANAGEMENT CLINICS; REQUIRED PERSONNEL.

No. 237 (Senate Bill No. 106).

AN ACT

To amend Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, so as to revise a provision relating to the health care professionals who must be on-site at a pain management clinic in order for the clinic to provide medical treatment or services; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, is amended by revising subsection (g) as follows:
"(g) No pain management clinic shall provide medical treatment or services, as defined by the board, unless a physician, a physician assistant authorized to prescribe controlled substances under an approved job description, or an advanced practice registered nurse authorized to prescribe controlled substances pursuant to a physician protocol is on-site at the pain management clinic. This subsection shall not apply to a certified registered nurse anesthetist practicing pursuant to Code Section 43-26-11.1, so long as (1) the patient has previously been examined by a physician and such physician has issued a written order for such patient to receive medical treatment or services and (2) the pain management clinic has obtained written consent of the patient prior to any medical treatment or services being provided by the certified registered nurse anesthetist regarding the medical treatment or services to be performed, the risks of the medical treatment or services to be performed, and that a physician may or may not be on-site."

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

Approved May 9, 2017.

__________

STATE GOVERNMENT VENUE OF STATE TORT CLAIMS.

No. 238 (Senate Bill No. 126).

AN ACT

To amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to the state tort claims, so as to change provisions relating to the venue of actions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to the state tort claims, is amended by revising Code Section 50-21-28, relating to venue of actions, as follows:
"50-21-28. All tort actions against the state under this article shall be brought in the state or superior court of the county wherein the tort giving rise to the loss occurred; provided, however, that wrongful death actions may be brought in the county wherein the tort giving rise to the loss occurred or the county wherein the decedent died, and provided, further, that in any case in which an officer or employee of the state may be included as a defendant in his or her individual capacity, the action may be brought in the county of residence of such officer or employee. All actions against the state for losses sustained in any other state shall be brought in the county of residence of any officer or employee residing in this state upon whose actions or omissions the claim against the state is based."

SECTION 2. This Act shall apply only to causes of action filed on or after July 1, 2017.

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

Approved May 9, 2017.

__________

MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; SHARING OF DATA WITH DEPARTMENT OF NATURAL RESOURCES FOR LIMITED PURPOSES.

No. 239 (Senate Bill No. 128).

AN ACT

To amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding drivers' licenses, so as to allow for the sharing of personal data with the Department of Natural Resources for limited purposes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding drivers' licenses, is amended in Code Section 40-5-2, relating to keeping and furnishing of records, by revising paragraph (1) of subsection (d) and subsection (f) as follows:
"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Division of the Georgia Technology Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information; and except that such approval shall not be required for any release or disclosure of information made electronically through the GeorgiaNet Division of the Georgia Technology Authority in accordance with a contract authorized by subparagraph (c)(1)(B) or as provided in subsection (f) of this Code section. The

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custodians may certify copies or compilations, including extracts thereof, of the records of the department." "(f) The department is specifically authorized to disseminate the following records and information: (1) To the United States Selective Service System and the Georgia Crime Information Center, compilations of the names, most current addresses, license or identification card numbers, and dates of birth of licensees or applicants for licenses or applicants for or holders of identification cards issued under this chapter, or, in the case of the United States Selective Service System, any other information from the license or identification card application as necessary for purposes of registration of persons therewith. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. Information transmitted to the United States Selective Service System pursuant to this paragraph shall be provided in an electronic format; (2) To the military branches of the United States Department of Defense, compilations of the names, dates of birth, sex, and most current addresses of licensees between the ages of 16 and 24 for the sole purpose of mailing recruiting and job opportunity information, provided that the department shall not be required to provide such a compilation more than once every two months; (3) To the Department of Human Services, compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses. Any information provided pursuant to this subsection shall only be used by the Department of Human Services in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the 'Child Support Recovery Act'; (4) To a local fire or law enforcement department, a copy of the abstract of the driving record of any applicant for employment or any current employee and to the Georgia Bureau of Investigation for the purpose of providing a local fire or law enforcement department with the abstract through the Criminal Justice Information System. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department; (5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and subsection (e) of Code Section 40-5-100 and for the purposes set forth in such Code sections;
(6)(A) The information required to be made available regarding voter registration pursuant to Code Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code sections; and (B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county

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election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; (7) The data required to be made available to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts pursuant to Code Section 15-12-40.1. Such data shall be provided to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts upon request in the electronic format required by the council for such purposes and without any charge for such data; (8) To the Department of Revenue, information sufficient for use in the detection and prevention of fraudulent tax returns, including name, address, date of birth, gender, driver identification number, photograph, and signature. Such information may be provided in electronic format by means of bulk transfer. Any information provided pursuant to this paragraph shall only be used by the Department of Revenue in connection with the detection and prevention of fraudulent tax returns; and (9) To the Department of Natural Resources, information sufficient for use in the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it and to confirm residency of an applicant, including name, address, date of birth, gender, driver identification number or identification number, status of driver's license, date of driver's license issuance and driver's license cancellation, type of driver's license or identification card issued, and any other information required by the Department of Natural Resources to detect and prevent fraud in applications for licenses, permits, and registrations issued by it. Any information provided pursuant to this paragraph shall only be used by the Department of Natural Resources in connection with the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it, to confirm residency of an applicant, and in fulfilment of its obligations under Article 1 of Chapter 11 of Title 19, known as the "Child Support Recovery Act." Such information may be provided in electronic format by means of bulk transfer or by electronic connection."

SECTION 2. This Act shall become effective on July 1, 2017.

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

Approved May 9, 2017.

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CIVIL PROCEDURE COURTS DOMESTIC RELATIONS CIVIL CASE FILING AND DISPOSITION FORMS; PROMULGATION BY JUDICIAL COUNCIL OF GEORGIA; ANNUAL REPORTING OF CERTAIN INFORMATION.

No. 240 (Senate Bill No. 132).

AN ACT

To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to remove the statutory civil case filing and disposition forms and allow the Judicial Council of Georgia to promulgate such forms; to revise provisions relating to the transmission of such forms; to amend Title 9, Title 15, and Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to civil practice, courts, and general provisions for child custody proceedings, respectively, so as to provide for conforming cross-references; to require annual reporting of certain information; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising Code Section 9-11-133, relating to forms meeting requirements for civil case filing and disposition, as follows:
"9-11-133. The Judicial Council of Georgia, with the approval of the Supreme Court, shall promulgate forms to be used for civil case filing and disposition information; provided, however, that the general civil case filing information form and domestic relations case filing information form shall be required to contain an acknowledgment by the filer that the complaint and any exhibits or other attachments satisfy the redaction requirements of Code Section 9-11-7.1."

PART II SECTION 2-1.

Said title is further amended by revising subsection (b) of Code Section 9-11-3, relating to commencement of action and filing of civil case filing form, as follows:
"(b) At the time of filing the complaint for a civil action in superior court or state court, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The

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form shall contain complete information and shall be substantially in the form prescribed by the Judicial Council of Georgia. The filing of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action."

SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 9-11-58, relating to entry of judgment and filing of civil case disposition form, as follows:
"(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, with the fully completed civil case disposition form constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. As part of the filing of the final judgment, a civil case disposition form shall be filed by the prevailing party or by the plaintiff if the case is settled, dismissed, or otherwise disposed of without a prevailing party; provided, however, that the amount of a sealed or otherwise confidential settlement agreement shall not be disclosed on the civil case disposition form. The form shall be substantially in the form prescribed by the Judicial Council of Georgia. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be made by the clerk of the court until the civil case disposition form is filed. The entry of the judgment shall not be delayed for the taxing of costs. This subsection shall not apply to actions brought pursuant to Article 3 of Chapter 7 of Title 44, relating to landlord and tenant dispossessory proceedings."

SECTION 2-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (4) of Code Section 15-5-24, relating to the duties of the Administrative Office of the Courts, as follows:
"(4) Analyze data relating to civil cases and on or before the first day of October each year provide such data, analysis, or both data and analysis to the courts and agencies of the judicial branch, agencies of the executive branch, and the chairpersons of the Senate Judiciary Committee and the House Committee on Judiciary;"

SECTION 2-4. Said title is further amended by revising subsection (a) of Code Section 15-5-82, relating to the authority of the Georgia Courts Automation Commission, as follows:
"(a) The commission shall be authorized to:

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(1) Define, implement, and administer a state-wide courts automation system including data collection, networking, data storage, retrieval, processing, and distribution; (2) Coordinate and cooperate with the state's chief information officer with regard to planning, implementation, and administration of a state-wide courts automation system to take advantage of existing state resources where possible; (3) Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties specified in this paragraph and paragraph (2) of this subsection and for the release of the information from civil case filing and disposition forms; (4) Administer federal, state, local, and other public or private funds made available to it for implementation of the courts automation system; (5) Coordinate state-wide strategies and plans for incorporating county and local governments into the courts automation system, including review of requirements of the several state agencies for documents, reports, and forms and the consolidation, elimination, or conversion of such documents, reports, and forms to formats compatible with electronic transmittal media; (6) Establish policies and procedures, rules and regulations, and technical and performance standards for county and local government access to the courts automation system network; and (7) Offer advisory services to county and local governments to assist in guiding their efforts toward automating their court procedures and operations."

SECTION 2-5. Said title is further amended by revising paragraphs (17) and (18) of subsection (a) of Code Section 15-6-61, relating to duties of superior court clerks generally, as follows:
"(17) To file all civil case filing and disposition forms and transmit the data contained on such forms to the Administrative Office of the Courts through electronic means provided by the Administrative Office of the Courts for such purpose which shall constitute the only transmission of such data required between the clerks of the superior courts and the Administrative Office of the Courts; (18) To electronically collect and transmit to the Georgia Superior Court Clerks' Cooperative Authority all data elements required in subsection (g) of Code Section 35-3-36 in a form and format required by the Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia. The data transmitted to the authority pursuant to this paragraph shall be transmitted to the Georgia Crime Information Center in satisfaction of the clerk's duties under subsection (g) of Code Section 35-3-36 and to the Georgia Courts Automation Commission which shall provide the data to the Administrative Office of the Courts for use by the state judicial branch. Public access to said data shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the authority;"

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SECTION 2-6. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 15-6-94, relating to the Georgia Superior Court Clerks' Cooperative Authority, as follows:
"(3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors:
(A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity; (B) Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services, supplies, and materials; (C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and (D) Such other factors as are in the public interest and welfare. The authority shall be the sole owner of its compiled and developed information developed through any function performed or any program or system administered on behalf of the authority. For the purposes of this subsection, the authority shall not be considered the sole owner of information developed pursuant to Code Section 15-6-97.2 and Article 5 of Chapter 6 of Title 12."

SECTION 2-7. Said title is further amended by revising Code Section 15-6-97.1, relating to the superior court civil case information system and funding, as follows:
"Reserved."

SECTION 2-8. Said title is further amended by revising Code Section 15-7-50, relating to the authority of the clerks of state courts, as follows:
"15-7-50. Clerks of state courts are authorized and directed to:
(1) File and enter all civil case filing and disposition forms; (2) Transmit the data contained on the civil case filing and disposition forms to the Administrative Office of the Courts through electronic means provided by the Administrative Office of the Courts for such purpose which shall constitute the only transmission of such data required between the clerks of the state courts and the Administrative Office of the Courts; and (3) Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (1) and (2) of this Code section."

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SECTION 2-9. Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for child custody proceedings, is amended by revising Code Section 19-9-1.2, relating to the required domestic relations case filing information form, as follows:
"19-9-1.2. Pursuant to Code Section 9-11-3, and in addition to the filing requirements contained in Code Section 19-6-15, in all proceedings under this article the plaintiff shall file a domestic relations case filing information form as prescribed by the Judicial Council of Georgia."

SECTION 2-10. Said article is further amended by revising subsection (h) of Code Section 19-9-3, relating to discretion of judge in child custody disputes and filing of domestic relations final disposition form, as follows:
"(h) In addition to filing requirements contained in Code Section 19-6-15, upon the conclusion of any proceeding under this article, the domestic relations final disposition form as prescribed by the Judicial Council of Georgia shall be filed."

PART III SECTION 3-1.

This Act shall become effective on January 1, 2018.

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

Approved May 9, 2017.

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INSURANCE REVENUE AND TAXATION GEORGIA AGRIBUSINESS AND RURAL JOBS ACT; APPLICABILITY OF CORPORATE NET WORTH TAX TO CERTAIN CORPORATIONS.

No. 241 (Senate Bill No. 133).

AN ACT

To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish an eligible business investment; to provide for a short title; to provide for definitions; to provide that certain entities may earn credit against the entity's state tax liability; to disallow refundability and sale on the open market of claimed credits; to provide for certification of qualified capital investments; to provide for recapture of credit claimed under certain circumstances; to provide for a request of determination for eligibility; to provide for reporting; to amend Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the corporate net worth tax, so as to make such tax inapplicable to corporations worth less than a certain amount; 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:

PART I SECTION 1-1.

Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows:
"33-1-25. (a) This Code section shall be known and may be cited as the 'Georgia Agribusiness and Rural Jobs Act.' (b) As used in this Code section, the term:
(1) 'Affiliate' means an entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with another entity. For the purposes of this Code section, an entity is 'controlled by' another entity if the controlling entity holds, directly or indirectly, the majority voting or ownership interest in the controlled entity or has control over the day-to-day operations of the controlled entity by contract or by law. (2) 'Applicable percentage' means 0 percent for the first two credit allowance dates and 15 percent for the next four credit allowance dates.

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(4) 'Capital investment' means any equity investment in a rural fund by a rural investor that:
(A) Is acquired after the effective date of this Code section at its original issuance solely in exchange for cash; (B) Has 100 percent of its cash purchase price used by the rural fund to make qualified investments in eligible businesses located in this state by the second anniversary of the initial credit allowance date; and (C) Is designated by the rural fund as a capital investment under this Code section and is certified by the department pursuant to subsection (e) of this Code section. This term shall include any capital investment that does not meet the provisions of subsection (e)(1)(A) of this Code section if such investment was a capital investment in the hands of a prior holder. (5) 'Credit allowance date' mean the date on which a capital investment is made and each of the five anniversary dates of such date thereafter. (5.1) 'Department' means the Department of Community Affairs. (6) 'Eligible business' means a business that, at the time of the initial qualified investment in the company: (A) Has less than 250 employees; and
(B)(i) Has its principal business operations in one or more rural areas in this state; and (ii) Produces or provides any goods or services produced in Georgia normally used by farmers, ranchers, or producers and harvesters of aquatic products in their business operations, or to improve the welfare or livelihood of such persons, or is involved in the processing and marketing of agricultural products, farm supplies, and input suppliers, or is engaged in agribusiness as defined by the United States Department of Agriculture, or is engaged in manufacturing, health care, technology, transportation, or related services, or if not engaged in such industries, the department determines that such investment will be beneficial to the rural area and the economic growth of the state. Any business which is classified as an eligible business at the time of the initial investment in said business by a rural fund shall remain classified as an eligible business and may receive follow-on investments from any rural fund, and such follow-on investments shall be qualified investments even though such business may not meet the definition of an eligible business at the time of such follow-on investments. (7) 'Eligible distribution' means: (A) A distribution of cash to one or more equity owners of a rural investor to fully or partially offset a projected increase in the owner's federal or state tax liability, including any penalties and interest, related to the owner's ownership, management, or operation of the rural investor; (B) A distribution of cash as payment of interest and principal on the debt of the rural investor or rural fund; or

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(C) A distribution of cash related to the reasonable costs and expenses of forming, syndicating, managing, and operating the rural investor or the rural fund, or a return of equity to affiliates of a rural investor or rural fund. Such distributions may include reasonable and necessary fees paid for professional services, including legal and accounting services, related to the formation and operation of the rural fund and an annual management fee that shall not exceed 2 percent of the rural fund's qualified investment authority. (8) 'Principal business operations' means the location where at least 60 percent of a business's employees work or where employees who are paid at least 60 percent of such business's payroll work. A business that has agreed to relocate employees using the proceeds of a qualified investment to establish its principal business operations in a new location shall be deemed to have its principal business operations in such new location if it satisfies these requirements no later than 180 days after receiving a qualified investment. (9) 'Purchase price' means the amount paid to the rural fund that issues a capital investment which shall not exceed the amount of capital investment authority certified pursuant to subsection (e) of this Code section. (10) 'Qualified investment' means any investment in an eligible business or any loan to an eligible business with a stated maturity date of at least one year after the date of issuance, excluding revolving lines of credit and senior secured debt unless the eligible business has a credit refusal letter or similar correspondence from a depository institution or a referral letter or similar correspondence from a depository institution referring the business to a rural fund; provided that, with respect to any one eligible business, the maximum amount of investments made in such business by one or more rural funds, on a collective basis with all of the businesses' affiliates, with the proceeds of capital investments shall be the greater of 20 percent of the rural fund's capital investment authority or $6.5 million, exclusive of investments made with repaid or redeemed investments or interest or profits realized thereon. (11) 'Rural area' means any county of this state that has a population of less than 50,000 according to the latest decennial census of the United States. (12) 'Rural fund' means an entity certified by the department under subsection (e) of this Code section. (13) 'Rural investor' means an entity that makes a capital investment in a rural fund. (14) 'State tax liability' means any liability incurred by any entity under Code Sections 33-3-26 and 33-8-4 or Code Sections 48-7-21 and 48-7-27, or, if such taxes are eliminated or reduced, the term shall also mean any tax liability imposed on an entity or other person that had tax liability under the laws of this state. (c) Upon making a capital investment in a rural fund, a rural investor earns a vested right to a credit against such entity's state tax liability that may be utilized on each credit allowance date of such capital investment in an amount equal to the applicable percentage for such credit allowance date multiplied by the purchase price paid to the rural fund for

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the capital investment. The amount of the credit claimed by a rural investor shall not exceed the amount of such entity's state tax liability for the tax year for which the credit is claimed. Any amount of credit that a rural investor is prohibited from claiming in a taxable year as a result of this Code section may be carried forward for use in any subsequent taxable year. It is the intent of this Act that a rural investor claiming a credit under this Code section is not required to pay any additional tax that may arise as a result of claiming such credit. (d) No credit claimed under this Code section shall be refundable or saleable on the open market. Credits earned by or allocated to a partnership, limited liability company, or S-corporation may be allocated to the partners, members, or shareholders of such entity for their direct use in accordance with the provisions of any agreement among such partners, members, or shareholders, and a rural fund must notify the department of the names of the entities that are eligible to utilize credits pursuant to an allocation of credits or a change in allocation of credits or due to a transfer of a capital investment upon such allocation, change, or transfer. Such allocation shall be not considered a sale for purposes of this Code section.
(e)(1) A rural fund that seeks to have an equity investment certified as a capital investment and eligible for credits under this Code section shall apply to the department. The department shall begin accepting applications within 90 days of the effective date of this Act. The rural fund shall include the following:
(A) The amount of capital investment requested; (B) A copy of the applicant's or an affiliate of the applicant's license as a rural business investment company under 7 U.S.C. Section 2009cc or as a small business investment company under 15 U.S.C. Section 681 and a certificate executed by an executive officer of the applicant attesting that such license remains in effect and has not been revoked; (C) Evidence that, as of the date the application is submitted, the applicant or affiliates of the applicant have invested at least $100 million in nonpublic companies located in rural areas within the United States; (D) An estimate of the number of jobs that will be created or retained in this state as a result of the applicant's qualified investments; (E) A business plan that includes a revenue impact assessment projecting state and local tax revenue to be generated by the applicant's proposed qualified investments prepared by a nationally recognized, third-party, independent economic forecasting firm using a dynamic economic forecasting model that analyzes the applicant's business plan over the ten years following the date the application is submitted to the department; and (F) A nonrefundable application fee of $5,000.00 payable to the department. (2) Within 30 days after receipt of a completed application, the department shall grant or deny the application in full or in part. The department shall deny the application if: (A) The applicant does not satisfy all of the criteria described in paragraph (1) of this subsection;

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(B) The revenue impact assessment submitted with the application does not demonstrate that the applicant's business plan will result in a positive economic impact on this state over a ten-year period that exceeds the cumulative amount of tax credits that would be issued to the applicant if the application were approved; or (C) The department has already approved the maximum amount of capital investment authority under paragraph (6) of this subsection. If the department denies any part of the application, it shall inform the applicant of the grounds for the denial. If the applicant provides any additional information required by the department or otherwise completes its application within 15 days of the notice of denial, the application shall be considered completed as of the original date of submission. If the applicant fails to provide the information or fails to complete its application within the 15 day period, the application remains denied and must be resubmitted in full with a new submission date. (3) If the application is complete, the department shall certify the proposed equity investment as a capital investment that is eligible for credits under this Code section, subject to the limitations contained in paragraph (6) of this subsection. The department shall provide written notice of the certification to the rural fund. (4) The department shall certify capital investments in the order that the applications were received by the department. Applications received on the same day shall be deemed to have been received simultaneously. (5) For applications that are complete and received on the same day, the department shall certify applications in proportionate percentages based upon the ratio of the amount of capital investments requested in an application to the total amount of capital investments requested in all applications. (6) The department shall certify $100 million in capital investments pursuant to this Code section. (7) Within 60 days of the applicant receiving notice of certification, the rural fund shall issue the capital investment to and receive cash in the amount of the certified amount from a rural investor. At least 50 percent of the rural investor's capital investment shall be composed of capital raised by the rural investor from sources, including directors, members, employees, officers, and affiliates of the rural investor, other than the amount of capital invested by the allocatee claiming the tax credits in exchange for such allocation of tax credits. The rural fund shall provide the department with evidence of the receipt of the cash investment within 65 days of the applicant receiving notice of certification. If the rural fund does not receive the cash investment and issue the capital investment within such time period following receipt of the certification notice, the certification shall lapse and the rural fund shall not issue the capital investment without reapplying to the department for certification. Lapsed certifications revert to the authority and shall be reissued pro rata to applicants whose capital investment allocations were reduced pursuant to paragraph (5) of this subsection and then in accordance with the application process.

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(f)(1) The department may recapture, from a rural investor that claimed the credit on a tax return, the credit allowed under this Code section if:
(A) The rural fund does not invest 100 percent of its capital investment authority in qualified investments in this state within two years of the closing date, with at least 10 percent of its capital investment authority initially invested in eligible businesses engaged in agribusiness as defined by the United States Department of Agriculture and at least 10 percent of such investment shall be equity investments; (B) The rural fund, after satisfying subparagraph (A) of this paragraph, fails to maintain qualified investments equal to 100 percent of its capital investment authority until the fifth anniversary of the credit allowance date. For the purposes of this subsection, a qualified investment is considered maintained even if the qualified investment was sold or repaid so long as the rural fund reinvests an amount equal to the capital returned or recovered by the rural fund from the original investment, exclusive of any profits realized, in other qualified investments in this state within 12 months of the receipt of such capital. Amounts received periodically by a rural fund shall be treated as continually invested in qualified investments if the amounts are reinvested in one or more qualified investments by the end of the following calendar year. A rural fund shall not be required to reinvest capital returned from qualified investments after the fourth anniversary of the credit allowance date, and such qualified investments shall be considered held continuously by the rural fund through the fifth anniversary of the credit allowance date; (C) The rural fund, before exiting the program in accordance with subsection (i) of this Code section, makes a distribution or payment that results in the rural fund having less than 100 percent of its capital investment authority invested in qualified investments in this state or available for investment in qualified investments and held in cash and other marketable securities; or (D) The rural fund violates subsection (h) of this Code section. (2) Recaptured credits and the related capital investment authority revert to the department and shall be reissued pro rata to applicants whose capital investment allocations were reduced pursuant to paragraph (5) of subsection (e) of this Code section and then in accordance with the application process. (g) Enforcement of each of the recapture provisions of paragraph (1) of subsection (f) of this Code section shall be subject to a six-month cure period. No recapture shall occur until the rural fund has been given notice of noncompliance and afforded six months from the date of such notice to cure the noncompliance. (h) No eligible business that receives a qualified investment under this chapter, or any affiliates of such eligible business, may directly or indirectly: (1) Own or have the right to acquire an ownership interest in a rural fund or member or affiliate of a rural fund, including, but not limited to, a holder of a capital investment issued by the rural fund; or

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(2) Loan to or invest in a rural fund or member or affiliate of a rural fund, including, but not limited to, a holder of a capital investment issued by a rural fund, where the proceeds of such loan or investment are directly or indirectly used to fund or refinance the purchase of a capital investment under this Code section. (i) On or after the sixth anniversary of the closing date, a rural fund may apply to the department to exit the program and no longer be subject to regulation under this Code section. The department shall respond to the exit application within 30 days of receipt. In evaluating the exit application, the fact that no credits have been recaptured and that the rural fund has not received a notice of recapture that has not been cured pursuant to subsection (g) of this Code section shall be sufficient evidence to prove that the rural fund is eligible for exit. The department shall not unreasonably deny an exit application submitted under this subsection. If the exit application is denied, the notice shall include the reasons for the determination. The state shall receive a 10 percent share of any distributions annually from a rural fund that made a capital investment, other than the amount in excess of equity invested in the rural fund and tax distributions made by the rural fund. A rural fund shall distribute all amounts not held in qualified investments no later than the fourteenth anniversary of the closing date. No claimant of credits pursuant to subsection (c) of this Code section shall receive distributions in excess of an amount that would result in an internal rate of return on capital invested that is more than 20 percent if the number of jobs created is: (1) Less than 60 percent of the projected jobs in the rural fund's approved business plan, then the state shall receive a penalty of 10 percent of the total tax credits distributed to the rural fund; or (2) Greater than 60 percent but less than 80 percent of the projected jobs in the rural fund's approved business plan, then the state shall receive a penalty of 5 percent of the total tax credits distributed to the rural fund. (j) A rural fund, before making a qualified investment, may request from the department a written opinion as to whether the business in which it proposes to invest is an eligible business. The department, not later than the twentieth business day after the date of receipt of such request, shall notify the rural fund of its determination. If the department fails to notify the rural fund of its determination by the twentieth business day, the business in which the rural fund proposes to invest shall be considered an eligible business. (k)(1) Rural funds shall submit a report to the department within the first 15 business days after the second anniversary of the initial credit allowance date that provides documentation as to the investment of 100 percent of the purchase price of such capital investment in qualified investments. Such report shall include:
(A) The location of each eligible business receiving a qualified investment; (B) Bank statements of such rural fund evidencing each qualified investment; (C) A copy of the written opinion of the department set forth in subsection (j) of this Code section or evidence that such business was an eligible business at the time of such qualified investment, as applicable;

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(D) The number of employment positions created and retained as a result of qualified investments; (E) The average annual salary of positions described in subparagraph (D) of this paragraph; and (F) Such other information required by the department`. (2) Thereafter, rural funds shall submit an annual report to the department within 45 days of the beginning of the calendar year during the compliance period. The report shall include but is not limited to the following: (A) The number of employment positions created and retained as a result of qualified investments; and (B) The average annual salary of positions described in subparagraph (A) of this paragraph."

PART II SECTION 2-1.

Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the corporate net worth tax, is amended by revising Code Section 48-13-71, relating to entities exempt from the corporate net worth tax, as follows:
"48-13-71. The following are exempt from the payment of the tax imposed by this article:
(1) Those organizations not organized for pecuniary gain or profit; (2) Insurance companies which are separately taxed; and (3) Those corporations having a net worth, including capital stock, paid-in surplus, and earned surplus, of no more than $100,000.00."

SECTION 2-2. Said article is further amended by revising Code Section 48-13-72, relating to imposition of annual corporate net worth tax on corporations doing business or owning property in the state, as follows:
"48-13-72. In addition to all other taxes imposed by law, there is imposed an annual corporate net worth tax on all corporations incorporated under the laws of this state, all domesticated foreign corporations, and all corporations incorporated or organized under the laws of any other state, territory, or nation doing business or owning property in this state for the privilege of carrying on a business within this state in the corporate form, except as otherwise provided in Code Section 48-13-71."

SECTION 2-3. Said article is further amended by revising Code Section 48-13-73, relating to the corporate net worth tax amount, as follows:

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"48-13-73.

(a) The tax imposed by this article shall be based upon corporate net worth according to

the following table:

Corporations with Net Worth

Including Issued Capital Stock,

Amount

Paid-in Surplus, and Earned Surplus

of Tax

Over $100,000.00 and not exceeding $150,000.00 .. . . . . . . . . . . . . . . . . . . . . . $ 125.00

Over $150,000.00 and not exceeding $200,000.00 .. . . . . . . . . . . . . . . . . . . . . . 150.00

Over $200,000.00 and not exceeding $300,000.00 .. . . . . . . . . . . . . . . . . . . . . . 200.00

Over $300,000.00 and not exceeding $500,000.00 .. . . . . . . . . . . . . . . . . . . . . . 250.00

Over $500,000.00 and not exceeding $750,000.00 .. . . . . . . . . . . . . . . . . . . . . . 300.00

Over $750,000.00 and not exceeding $1,000,000.00 . . . . . . . . . . . . . . . . . . . . . 500.00

Over $1,000,000.00 and not exceeding $2,000,000.00 .. . . . . . . . . . . . . . . . . . . 750.00

Over $2,000,000.00 and not exceeding $4,000,000.00 .. . . . . . . . . . . . . . . . . . . 1,000.00

Over $4,000,000.00 and not exceeding $6,000,000.00 .. . . . . . . . . . . . . . . . . . . 1,250.00

Over $6,000,000.00 and not exceeding $8,000,000.00 .. . . . . . . . . . . . . . . . . . . 1,500.00

Over $8,000,000.00 and not exceeding $10,000,000.00 .. . . . . . . . . . . . . . . . . . 1,750.00

Over $10,000,000.00 and not exceeding $12,000,000.00 .. . . . . . . . . . . . . . . . . 2,000.00

Over $12,000,000.00 and not exceeding $14,000,000.00 .. . . . . . . . . . . . . . . . . 2,500.00

Over $14,000,000.00 and not exceeding $16,000,000.00 .. . . . . . . . . . . . . . . . . 3,000.00

Over $16,000,000.00 and not exceeding $18,000,000.00 .. . . . . . . . . . . . . . . . . 3,500.00

Over $18,000,000.00 and not exceeding $20,000,000.00 .. . . . . . . . . . . . . . . . . 4,000.00

Over $20,000,000.00 and not exceeding $22,000,000.00 .. . . . . . . . . . . . . . . . . 4,500.00

Over $22,000,000.00 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,000.00
(b) With respect to any corporation coming into existence or becoming subject to the tax for the first time for an initial taxable period of less than six months, the tax imposed for such period shall be 50 percent of the tax imposed by this article for an entire year."

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PART III SECTION 3-1.

(a) Part I of this Act shall become effective on July 1, 2017, and shall apply to all tax years beginning on or after January 1, 2018. (b) Part II of this Act shall become effective on January 1, 2018, and shall apply to all tax years beginning on or after such date.

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

Approved May 9, 2017.

__________

BANKING AND FINANCIAL INSTITUTIONS COMMERCE AND TRADE DOMESTIC RELATIONS HEALTH PENAL INSTITUTIONS STATE GOVERNMENT CHILD SUPPORT AND ENFORCEMENT OF CHILD SUPPORT ORDERS.

No. 242 (Senate Bill No. 137).

AN ACT

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to enact provisions recommended by the Georgia Child Support Commission relating to child support and the enforcement of child support orders; to harmonize provisions relating to the information required to be in a final judgment involving the payment of child support; to clarify and correct definitions used with respect to the entity which collects child support and the collection of child support; to clarify provisions relating to child support; to provide for the use of separate worksheets to an order of child support under certain circumstances; to change provisions relating to parenting time; to change and clarify provisions relating to income deduction orders; to change provisions relating to the family support registry; to change provisions relating to the "Child Support Recovery Act"; to require the obligor to pay the full fee required by the federal Deficit Reduction Act of 2005; to amend Code Sections 7-4-12.1, 10-1-393.10, and 31-10-9.1, Title 19, Article 5 of Chapter 3 of Title 42, and Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to interest on arrearage on child support, filing of contracts for collections, social security account information of parents, domestic relations diversion center and program for violation of alimony and child support orders, and setoff of debt

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collection against lottery prizes, respectively, so as to harmonize and correct cross-references and definitions; to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, so as to enact a recommendation by the Georgia Child Support Commission relating to child support; to change provisions relating to work related child care costs; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Code Section 19-5-12, relating to the form of judgment and decree, as follows:
"19-5-12. (a) A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows:
'FINAL JUDGMENT AND DECREE Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles. It is considered, ordered, and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into. Petitioner and Respondent in the future shall be held and considered as separate and distinct individuals altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry. Decree and order entered this ______ day of ______________, ____.

___________________ Judge, Superior Court'

(b) When applicable, any one or more of the following clauses shall be included in the form of the judgment:
The court restores to (Petitioner/Respondent) his/her prior or maiden name, to wit: _____________________________________________________________________.
The court awards custody of the children of the parties as follows: _____________________________________________________________________.

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The court fixes alimony as follows: ____________________________________________________________________.
(c) In any case which involves the determination of child support, the form of the judgment shall also include all of the information set forth in paragraph (2) of subsection (c) of Code Section 19-6-15. The final judgment shall have attached to it the child support worksheet containing the calculation of the final award of child support and any schedule that was prepared for the purpose of calculating the amount of child support. The final judgment shall specify a sum certain amount of child support to be paid. (d) When applicable, the court shall also include in the final judgment the ability to use income deduction orders as set forth in Code Sections 19-6-30 and 19-6-32."

SECTION 1-2. Said title is further amended by revising Code Section 19-6-14, relating to child support and custody pending final divorce, as follows:
"19-6-14. Pending a final judgment in an action for divorce, the judge presiding may grant as temporary child support a sum sufficient for the support of the children of the parties in accordance with Code Section 19-6-15. The judge may also hear and determine who shall be entitled to the care and custody of the children until the final judgment in the case. If a sum is awarded for the support of the children, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children."

SECTION 1-3. Said title is further amended by revising paragraph (6.1) of subsection (a) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(6.1) 'Child support services' means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support."

SECTION 1-4. Said title is further amended in subsection (b) of Code Section 19-6-15, relating to child support in final verdict or decree, by deleting "and" at the end of paragraph (10), by replacing the period with "; and" at the end of paragraph (11), and by adding a new paragraph to read as follows:
"(12) When there is more than one child for whom support is being determined, the court shall establish the amount of support and the duration of such support in accordance with subsection (e) of this Code section. Separate worksheets shall be utilized for such determination and shall be attached to the final child support order. Such order shall contain findings as required by law."

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SECTION 1-5. Said title is further amended by revising subparagraphs (c)(2)(A), (c)(2)(B), and (c)(2)(C) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(A) Specify in what sum certain amount, the duration of such support, and from which parent the child is entitled to permanent support as determined by use of the worksheet or multiple worksheets when there is more than one minor child; (B) Specify in what manner, how often, to whom, and until when the support shall be paid; (C) Include a written finding of each parent's gross income as determined by the court or the jury;"

SECTION 1-6. Said title is further amended by revising subparagraph (i)(2)(K) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(K) Parenting time. (i) The child support obligation table is based upon expenditures for a child in intact households. The court may order or the jury may find by special interrogatory a deviation from the presumptive amount of child support when special circumstances make the presumptive amount of child support excessive or inadequate due to extended parenting time as set forth in the order of visitation, the child residing with both parents equally, or visitation rights not being utilized. (ii) If the court or the jury determines that a parenting time deviation is applicable, then such deviation shall be included with all other deviations. (iii) In accordance with subsection (d) of Code Section 19-11-8, if any action or claim for parenting time or a parenting time deviation is brought under this subparagraph, it shall be an action or claim solely between the custodial parent and the noncustodial parent, and not any third parties, including child support services."

SECTION 1-7. Said title is further amended by revising subsection (l) of Code Section 19-6-15, relating to child support in final verdict or decree, as follows:
"(l) Split parenting. In cases of split parenting, a worksheet shall be prepared separately by each custodial parent for each child for whom such parent is the custodial parent, and that worksheet shall be filed with the clerk of court. For each split parenting custodial situation, the court shall determine:
(1) Which parent is the obligor; (2) The presumptive amount of child support; (3) The actual award of child support, if different from the presumptive amount of child support; (4) How and when the sum certain amount of child support owed shall be paid; and (5) Any other child support responsibilities for each parent."

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SECTION 1-8. Said title is further amended by revising paragraph (1) of subsection (m) of Code Section 19-6-15, relating to child support in the final verdict or decree, as follows:
"(1) Schedules and worksheets shall be prepared by the parties for purposes of calculating the amount of child support. In child support services cases in which neither parent prepared a worksheet, the court may rely on the worksheet prepared by child support services as a basis for its order. Information from the schedules shall be entered on the child support worksheet. The child support worksheets and any schedule that was prepared for the purpose of calculating the amount of child support shall be attached to the final court order or judgment; provided, however, that any order entered pursuant to Code Section 19-13-4 shall not be required to have such worksheets and schedules attached thereto."

SECTION 1-9. Said title is further amended by revising Code Section 19-6-17, relating to application for child support following custody award, as follows:
"19-6-17. (a) Whenever the custody of a minor child has been lawfully awarded by any court having jurisdiction thereof to:
(1) Any individual other than a parent of such child at any time subsequent to the rendition of a final divorce decree between the parents of such child; or (2) A parent as part of the final divorce decree when the court awarding the decree was unable to obtain jurisdiction over the parent without custody for purposes of a determination as to whether the parent should be bound for support of such child and the court's decree contains no specific provisions binding the parent without custody for the support of such child, the parent or other individual to whom the custody of such child is awarded may apply by petition to the superior court in the county where the parent without custody of such child resides for an order and judgment fixing the amount of support money that the parent without custody shall provide in order to fulfill the parent's natural duty to supply the necessaries of life for such child. (b) The procedure provided for in this Code section shall be available in cases in which the parent with custody of such child is the petitioner, notwithstanding the fact that the divorce decree and judgment may have been rendered in favor of the parent without custody. (c) The petition shall be served upon the respondent. The petition shall be heard by the court unless a jury trial is demanded by either party to the case. The judgment shall be reviewable as in other cases. The order or judgment shall likewise be subject to modification in the event of changed circumstances, under the same terms and conditions as are provided for in other cases of child support granted in connection with the rendition of a final decree in divorce cases.

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(d) The order and judgment of the court shall remain in effect, except as limited by its own restrictions and subsection (c) of this Code section, so long as the petitioner remains in lawful custody of such child and until such child becomes 18 years of age. Execution may be granted to the petitioner for any sums past due under the order and judgment, in accordance with procedures in other cases of judgments for alimony. (e) Any payment or installment of support under any child support order is, on and after the date due:
(1) A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced; (2) Entitled as a judgment to full faith and credit; and (3) Not subject to retroactive modification."

SECTION 1-10. Said title is further amended by revising subsection (c) of Code Section 19-6-29, relating to inclusion of accident and sickness insurance coverage in order for child support and payroll deductions, as follows:
"(c) An order for payroll deduction entered pursuant to subsection (b) of this Code section shall be consistent with the provisions of Code Sections 19-6-30 through 19-6-33.1."

SECTION 1-11. Said title is further amended by revising Code Section 19-6-30, relating to provision for collection by continuing garnishment for support, as follows:
"19-6-30. (a) Any order of support of a child entered or modified on or after July 1, 1985, shall contain the following provision:
'Whenever, in violation of the terms of this order there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support.' (b) All cases involving orders of support of a child or spouse being enforced by the entity within the Department of Human Services and its contractors that are authorized to enforce support orders shall be subject to income deduction orders as set forth in Code Sections 19-6-32 through 19-6-33.1."

SECTION 1-12. Said title is further amended by revising Code Section 19-6-31, relating to definitions, as follows:
"19-6-31. Reserved."

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SECTION 1-13. Said title is further amended by revising Code Section 19-6-32, relating to entering income deduction order or medical support notice for award of child support, as follows:
"19-6-32. (a) As used in this Code section, the term:
(1) 'Child support enforcement agency' means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support. (2) 'Court' means judge of any court of record or an administrative law judge of the Office of State Administrative Hearings. (3) 'Earnings' means any form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. (4) 'IV-D' means Title IV-D of the federal Social Security Act. (5) 'National Medical Support Notice' means a notice as prescribed under 42 U.S.C. Section 666(a)(19) or a substantially similar notice. (6) 'Obligee' means the individual to whom the payment of a support obligation is owed. (7) 'Obligor' means the individual owing a duty of support. (8) 'Payor' means the person that provides earnings to an obligor. (b)(1) Except as provided for in paragraph (1) of subsection (c) of this Code section, upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court, a separate income deduction order, if one has not been previously entered, shall be entered. If the obligee is an applicant for child support services under IV-D, the obligee shall furnish copies of the support order and the income deduction order to the child support enforcement agency. (2) For all child support orders, and spousal support orders enforced pursuant to subsection (d) of Code Section 19-11-6, the child support enforcement agency shall be authorized to issue an income deduction order without need for any amendment to the order involved or any further action by a court that issued it, provided that an opportunity for a hearing before a court is afforded. The child support enforcement agency shall also be authorized to issue a National Medical Support Notice to enforce the medical support provisions of such orders, provided that an opportunity for a hearing pursuant to Code Section 19-11-27 is afforded. Such orders or notices may be issued electronically by the child support enforcement agency. The child support enforcement agency shall issue an income deduction order or, when appropriate, a National Medical Support Notice within two business days after the information regarding a newly hired employee is entered into the centralized employee registry pursuant to Code Section 19-11-9.2 and matched with an obligor in a case being enforced by the child support enforcement agency. (c)(1)(A) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced by the child support

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enforcement agency shall provide for the immediate withholding of such support from the earnings of the individual required by that order to furnish support unless:
(i) A court issuing the order finds there is good cause not to require such immediate withholding; or (ii) A written agreement is reached between both parties which provides for an alternative arrangement. (B) For purposes of this subsection, any finding that there is good cause not to require withholding from earnings shall be based on at least a written determination that implementing such withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders. (2) All child support orders which are not described in subsection (b) of this Code section or in paragraph (1) of this subsection shall, upon petition of either party to revise such order under Code Section 19-6-19 or to enforce such order under Code Section 19-6-28, be revised to include provisions for withholding such support from the earnings of the individual required by the order to furnish such support if arrearages equal to one month's support accrue but without the necessity of filing application for services under Code Section 19-11-6. (3) Copies of income deduction orders issued under this subsection shall be provided by the obligee to the obligor, payor, and the family support registry established pursuant to Code Section 19-6-33.1. (d) An income deduction order shall: (1) Direct a payor to deduct from all earnings due and payable to an obligor the amount required by the support order to meet the obligor's support obligation; (2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold an additional amount until the arrearage is paid in full; (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b); and (4) Direct the payor to send income deduction order payments, including administrative fees authorized by law, to the family support registry established pursuant to Code Section 19-6-33.1. (e) Income deduction orders shall be effective immediately unless a court upon good cause shown finds that the income deduction order shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement. (f) An income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of a court. (g) When an income deduction order shall be effective immediately, the obligee or child support enforcement agency, as applicable, shall furnish to the obligor a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state:

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(1) All fees or interest which shall be imposed; (2) The total amount of earnings to be deducted for each pay period until the arrearage, if any, is paid in full and the total amount of earnings to be deducted for each pay period thereafter. The amounts deducted shall not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b); (3) When the withholding will commence; (4) That the income deduction order shall apply to current and subsequent payors and periods of employment; (5) That a copy of the income deduction order shall be provided to the payors; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; (7) How to contest the withholding; and (8) That the obligor is required to notify the obligee and, when the obligee is receiving IV-D services, the child support enforcement agency, within seven days of changes in the obligor's address and payors and the addresses of his or her payors. (h) When an income deduction order is effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee or child support enforcement agency, as applicable, may enforce the income deduction order by providing a notice of delinquency to the obligor. A notice of delinquency shall state: (1) The terms of the support order; (2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed; (3) All fees or interest which may be imposed; (4) The total amount of earnings to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and the total amount of earnings to be deducted for each pay period thereafter. The amounts deducted shall not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b); (5) That a copy of the notice of delinquency shall be provided to the payors, together with a copy of the income deduction order. The obligor may apply to a court to contest enforcement of the order once the notice of delinquency has been received. The application shall not affect the enforcement of the income deduction order until a court enters an order granting relief to the obligor; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days of the change occurring. If the child support enforcement

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agency is enforcing such order, the obligor shall make these notifications to the child support enforcement agency instead of to the obligee. (i) The failure of the obligor to receive the notice of delinquency provided for in subsection (h) of this Code section shall not preclude the income deduction order being subsequently provided to the payor. A notice of delinquency which fails to state an arrearage shall not mean that an arrearage is not owed. (j) At any time, any party, including the child support enforcement agency, may apply to a court to: (1) Modify, suspend, or terminate the income deduction order because of a modification, suspension, or termination of the underlying order for support; or (2) Modify the amount of earnings being withheld when the arrearage has been paid."

SECTION 1-14. Said title is further amended by revising Code Section 19-6-33, relating to the notice and service of income deduction order, as follows:
"19-6-33. (a) As used in this Code section, the term:
(1) 'Child support enforcement agency' means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support. (2) 'Court' means judge of any court of record or an administrative law judge of the Office of State Administrative Hearings. (3) 'Earnings' means any form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. (4) 'IV-D' means Title IV-D of the federal Social Security Act. (5) 'Obligee' means the individual to whom the payment of a support obligation is owed. (6) 'Obligor' means the individual owing a duty of support. (7) 'Payor' means the person that provides earnings to an obligor. (b) The obligee shall provide an income deduction order and in the case of a delinquency, a notice of delinquency, to the payor. The obligee or child support enforcement agency, as applicable, shall provide the notice to payor as set forth in subsection (f) of this Code section. (c) Service of the initial income deduction order by or upon any person who is a party to a proceeding under this Code section shall be by personal service, by certified mail, return receipt requested, by statutory overnight delivery, or by first-class mail; such order may be served electronically if permitted under Code Section 9-11-5. Service upon a payor or successor payor under this Code section shall be by first-class mail, or such order may be served electronically if permitted under Code Section 9-11-5. (d)(1) When an income deduction order is effective upon a delinquency in an amount equal to one month's support, the obligor may apply to a court to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of

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support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of his or her pleading to the obligee and, if the obligee is receiving IV-D services, to the child support enforcement agency. The filing of such pleading shall not affect the enforcement of an income deduction order unless a court enters an order granting relief to the obligor. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude the income deduction order being provided to the payor. (2) When an obligor requests a hearing to contest enforcement of an income deduction order, a court, after due notice to all parties and the child support enforcement agency, if the obligee is receiving IV-D services, shall hear the matter within 30 days after the application is filed and shall not extend the time for hearing unless good cause for a later date is found by a court, in which event the time for a hearing may be extended for up to 30 days. A court shall enter an order resolving the matter within ten days after the hearing and provide such order to the parties and the child support enforcement agency, if the obligee is receiving IV-D services. (e) When a court determines that an income deduction order is proper pursuant to subsection (d) of this Code section, the obligee shall cause a copy of the income deduction order and in the case of a delinquency, a notice of delinquency, to be provided to the payor. The obligee or child support enforcement agency, as applicable, shall provide the notice to payor as set forth in subsection (f) of this Code section. A copy of the notice to payor, and in the case of a delinquency, a notice of delinquency, shall also be provided to the obligor by the obligee or child support enforcement agency, as applicable. (f) A notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The payor shall have the duties, penalties, and rights specified in such notice. The notice to payor shall: (1) Require the payor to deduct from the obligor's earnings the amount specified in the income deduction order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay such amount to the family support registry established pursuant to Code Section 19-6-33.1. The amount actually deducted plus all administrative charges shall not be in excess of the amount allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b); (2) Instruct the payor to implement the income deduction order no later than the first pay period that occurs after 14 days following the date the notice was mailed; (3) Instruct the payor to forward, within two business days after each payment date, to the family support registry the amount deducted from the obligor's earnings and a statement as to whether such amount totally or partially satisfies the periodic amount specified in the income deduction order; (4) Specify that if a payor willfully fails to deduct the proper amount from the obligor's earnings, the payor shall be liable for the amount the payor should have deducted, plus costs, interest, and reasonable attorney's fees;

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(5) Provide that the payor may collect up to $25.00 against the obligor's earnings to reimburse the payor for administrative costs for the first payment of an income deduction order and up to $3.00 for each subsequent payment. The payor shall not deduct a fee for complying with any order or notice for enrollment in a health benefit plan; (6) State that the income deduction order and the notice to payor, and in the case of a delinquency, the notice of delinquency, are binding on the payor until:
(A) Further notice by the obligee, child support agency, or court; or (B) The payor no longer provides earnings to the obligor; (7) Instruct the payor that, when the payor no longer provides earnings to the obligor, the payor shall notify the obligee and shall also provide the obligor's last known address and the name and address of the obligor's new payor, if known, and that, if the payor willfully violates this paragraph, the payor shall be subject to a civil penalty not to exceed $250.00 for the first violation and $500.00 for any subsequent violation. If the child support enforcement agency is enforcing the income deduction order, the payor shall make such notifications to the child support enforcement agency instead of to the obligee. Penalties shall be paid to the obligee or the child support enforcement agency, whichever is enforcing the income deduction order; (8) State that no payor may discharge an obligor by reason of the fact that earnings have been subjected to an income deduction order under Code Section 19-6-32 and that a violation of this paragraph shall subject the payor to a civil penalty not to exceed $250.00 for the first violation and $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the child support enforcement agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor; (9) Inform the payor that the income deduction order has priority over all other legal processes under state law pertaining to the same earnings and that payment, as required by the income deduction order, is a complete defense by the payor against any claims of the obligor or his or her creditors as to the sum paid; (10) Inform the payor that if the payor receives income deduction orders requiring that the earnings of two or more obligors be deducted and sent to the same depository, the payor may combine the amounts paid to the depository in a single payment so long as the payor identifies that portion of the payment attributable to each obligor; and (11) Inform the payor that the payor may receive more than one income deduction order against the same obligor and shall give priority to current child support obligations up to the limits imposed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b). (g) At any time an income deduction order is being enforced, the obligor may apply to a court for a hearing to contest the continued enforcement of the income deduction order on the same grounds set out in subsection (d) of this Code section, and provide a copy of the pleading requesting such hearing to the obligee and, in IV-D cases, to the child support enforcement agency. Such application shall not affect the continued enforcement of the

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income deduction order until a court enters an order granting relief to the obligor. The obligee may be liable for improper receipt of moneys pursuant to an income deduction order. (h) An obligee, or an obligee's agent, shall enforce income deduction orders against an obligor's successor payor who is located in this state in the same manner prescribed in this Code section for the enforcement of an income deduction order against a payor. (i) The provisions of Article 3 of Chapter 11 of this title, the 'Uniform Interstate Family Support Act,' shall apply to:
(1) All income deduction orders originating in this state and directed to another state; and (2) All income-withholding orders originating in another state and directed to this state. (j) Certified copies of payment records maintained by a child support receiver or the child support enforcement agency shall, without further proof, be admitted into evidence in any legal proceeding in this state. (k) No payor shall discharge an obligor by reason of the fact that his or her earnings have been subjected to an income deduction order under Code Section 19-6-32. A payor who violates this subsection shall be subject to a civil penalty not to exceed $250.00 for the first violation and $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the child support enforcement agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor. (l) If a payor is not providing earnings to an obligor or when a payor no longer provides earnings to an obligor, the payor shall notify the obligee and, if the support order is being enforced by the child support enforcement agency, the child support enforcement agency shall provide the obligor's last known address and the name and address of the obligor's new payor, if known. A payor who willfully violates this subsection shall be subject to a civil penalty not to exceed $250.00 for the first violation and $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the child support enforcement agency, whichever is enforcing the income deduction order."

SECTION 1-15. Said title is further amended by revising Code Section 19-6-33.1, relating to the family support registry, as follows:
"19-6-33.1. (a) As used in this Code section, the term:
(1) 'Child support enforcement agency' means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support. (2) 'Earnings' means any form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. (3) 'Income deduction order' means an order which is made pursuant to Code Section 19-6-32 and which becomes effective upon a delinquency which occurred on or

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after January 1, 1994, or which became effective immediately without a delinquency on or after January 1, 1994. (4) 'IV-D' means Title IV-D of the federal Social Security Act. (5) 'Obligee' means the individual to whom the payment of a support obligation is owed. (6) 'Obligor' means the individual owing a duty of support. (7) 'Payor' means the person that provides earnings to an obligor. (b) There shall be established and operated a family support registry pursuant to IV-D regulations, and authority and funding shall be provided to the child support enforcement agency for the operation of such registry. The child support enforcement agency shall be authorized to establish and maintain or contract for the establishment and maintenance of the family support registry. The family support registry shall be used for the collection and processing of payments for support orders in all cases which are enforced by the child support enforcement agency and for all other support orders not being enforced by the child support enforcement agency which are subject to an income deduction order. (c) The child support enforcement agency shall, as required by federal law, redirect payments for support orders in all cases being enforced by the child support enforcement agency and for all other support orders not being enforced by the child support enforcement agency which are subject to an income deduction order. Such payments for support orders being paid to a court, child support receiver, or private party by a payor shall be redirected to the family support registry. (d) In implementing the family support registry, the child support enforcement agency shall be authorized to: (1) Receive, process, and disburse payments for child support, child support when combined with spousal support, child support arrears, or child support debt for any court or administrative order; (2) Maintain records of any payments collected, processed, and disbursed through the family support registry; (3) Establish and maintain a separate record for payments made through the family support registry as a result of a judgment remedy; (4) Answer inquiries from any parent concerning payments processed through the family support registry; and (5) Collect a fee for the processing of insufficient funds checks and issue a notice to the originator of any insufficient funds check that no further checks shall be accepted from such person and that future payments shall be required to be paid by cash or certified funds. (e) The following procedures shall be followed: (1) All administrative orders and all court orders entered or modified which provide for income deduction orders for support payments for child support, child support when combined with spousal support, child support arrears, or child support debt shall require that such payments be made through the family support registry; and

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(2) The child support enforcement agency shall send or cause to be sent a notice by first-class mail directing that all income deduction order payments shall be made to the family support registry. Orders subject to this redirection include all support orders being enforced by the child support enforcement agency and all other orders not being enforced by the child support enforcement agency which are subject to an income deduction order. The notice shall be sent to the following persons:
(A) Any obligor who is obligated to make payments for support, child support when combined with spousal support, child support arrears or child support debt under court order or administrative order in a IV-D case when the order does not already specify paying through the family support registry; and (B) Any payor that has been deducting income under Code Section 19-6-32. (f) Any obligor or payor that receives a notice to redirect payments as specified in subsection (e) of this Code section that fails to make the payments to the family support registry and continues to make payments to the court or to the obligee shall be sent a second notice to redirect payments. The second notice shall be sent by certified mail, return receipt requested or by statutory overnight delivery. Such notice shall contain all the information required to be included in the first notice to redirect payments and shall further state that the obligor or payor has failed to make the payments to the child support enforcement agency and that the obligor or payor shall redirect the payments to the family support registry at the address indicated in the notice. Failure to make payments to the family support registry after a second notice shall be grounds for contempt. (g)(1) Any payment required to be made to the family support registry which is received by the court, child support receiver, obligee, or child support enforcement agency shall be forwarded to the family support registry within two business days after receipt. All income deduction order payments from payors or such payments forwarded by the court, child support receiver, obligee, or child support enforcement agency shall be identified with the information specified by the family support registry, including but not limited to the court case number, social security number of the obligor, county where the case originated, and name of the obligor. (2) Except as provided by federal law, the family support registry shall distribute all support amounts payable within two business days after receipt from the payor. (h) The Department of Human Services shall coordinate the operation of the family support registry with the state case registry created under Code Section 19-11-39 so as to reduce if not eliminate the need for duplicate reporting and information recording. The Department of Human Services shall be authorized to establish and collect an administrative fee from the individual owing a duty of support through the family support registry. Such administrative fee shall be the lesser of: (1) Two dollars per payment; (2) Five percent of the amount of each payment; or (3) The actual cost of processing and distributing the child support from the source to the obligee.

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(i) Nothing in this Code section shall allow or require any reduction of child support payments owed to any parent or guardian of a child."

SECTION 1-16. Said title is further amended by revising Code Section 19-11-3, relating to definitions relative to the "Child Support Recovery Act," as follows:
"19-11-3. As used in this article, the term:
(1) 'Account' means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account. (2) 'Child support enforcement agency' means the entity within the department and its contractors that are authorized to enforce a duty of support. (3) 'Court order for child support' means any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter. (4) 'Department' means the Department of Human Services. (5) 'Dependent child' means any individual under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States. (6) 'Duty of support' means any duty of support imposed or imposable by law or by court order, decree, or judgment. (7) 'Financial institution' means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund. (8) 'IV-D' means Title IV-D of the federal Social Security Act. (9) 'Medical insurance obligee' means any person to whom a duty of medical support is owed. (10) 'Medical insurance obligor' means any person owing a duty of medical support. (11) 'Money market mutual fund' means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 C.F.R. Section 270.2A-7. (12) 'Obligee' means the individual to whom the payment of a support obligation is owed. (13) 'Obligor' means the individual owing a duty of support.

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(14) 'Parent' means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing. (15) 'TANF' means temporary assistance for needy families."

SECTION 1-17. Said title is further amended by revising subsections (f) and (g) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, as follows:
"(f) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $25.00 for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the entity within the department authorized to enforce a duty of support."

SECTION 1-18. Said title is further amended by revising subsections (e) and (f) of Code Section 19-11-8, relating to the department's duty to enforce support of abandoned minor public assistance recipient, as follows:
"(e) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $25.00 for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the entity within the department authorized to enforce a duty of support."

SECTION 1-19. Said title is further amended by revising Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order, as follows:
"19-11-9.3. (a) As used in this Code section, the term:
(1) 'Agency' means the entity within the Department of Human Services which is responsible for enforcing orders for child support pursuant to this article. (2) 'Applicant' means any individual applying for issuance or renewal of a license. (3) 'Certified list' means a list of the names of delinquent obligors in a case being enforced under this article. (4) 'Compliance with an order for child support' means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic

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payments on a support arrearage, or periodic payments on a reimbursement for public assistance. (5) 'Delinquent obligor' means any individual owing a duty of support who is not in compliance with an order for child support. (6) 'Department' means the Department of Human Services. (7) 'License' means a certificate, permit, registration, or any other authorization issued by any licensing entity that allows an individual to operate a motor vehicle or to engage in a profession, business, or occupation. (8) 'Licensee' means any individual holding a license. (9) 'Licensing entity' means any agency, department, or board of this state which issues or renews any license. (b) The agency shall maintain a state-wide certified list for whom an order for child support has been rendered and who are not in compliance with such order. Such certified list shall be regularly updated. The agency shall submit to each licensing entity a certified list with the name, social security number, if known, date of birth, and last known address of each individual on the list. (c) All licensing entities shall implement procedures to accept and process the certified list. (d) Promptly after receiving the certified list from the agency, all licensing entities shall determine whether an applicant or licensee is on the most recent certified list. If an applicant or licensee is on the certified list, the licensing entity shall immediately notify the agency. Such notification shall include the applicant's or licensee's last known mailing address. (e) After receiving notice from a licensing entity of applicants or licensees who are on the certified list, the agency shall immediately notify those individuals as specified in subsection (f) of this Code section of the agency's intent to request that all pertinent licensing entities suspend all licenses or withhold issuance or renewal of any license. (f) Notice for purposes of this Code section shall be initiated by the department. Notice to the delinquent obligor shall include the address and telephone number of the agency and shall inform the delinquent obligor of the agency's intent to submit the delinquent obligor's name to relevant licensing entities and to request that the licensing entities withhold issuance or renewal of the license, or suspend the license. Notice shall be sent by first-class mail and receipt by the delinquent obligor may be presumed if the mailing is not returned to the department within 30 days from the date of mailing. The notice shall also inform the delinquent obligor that: (1) The delinquent obligor has 20 days from the date of mailing to come into compliance with the order or to reach an agreement to pay the delinquency with the agency. If an agreement cannot be reached within that time or if the delinquent obligor does not respond within that time, the agency shall send notice to the licensing entities requesting that the licenses be suspended or the licensure applications be denied; (2) The delinquent obligor may request an administrative hearing and judicial review of that hearing under subsection (g) of this Code section. A request for a hearing shall be

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made in writing and shall be received by the agency within 20 days of service of notice; and (3) If the delinquent obligor requests a hearing within 20 days of service, the department shall stay all action pending the hearing and any appeals. (g) If no response is received from the delinquent obligor by the department within 30 days from the date of mailing of the notice and the delinquent obligor is still shown as delinquent on the next month's certified list, the department shall request one or more licensing entities to deny or suspend a license of the delinquent obligor. Each licensing entity shall notify the delinquent obligor by certified mail or statutory overnight delivery of the date that the license has been denied or suspended. (h)(1) All delinquent obligors subject to the sanctions imposed in this Code section shall have the right to a hearing before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50. A delinquent obligor who requests a hearing within the time prescribed in subsection (f) of this Code section shall have the right to a hearing. The hearing shall be conducted as provided in Article 2 of Chapter 13 of Title 50 within 45 days after such demand is received. The only issues at the hearing shall be:
(A) Whether there is an order for child support being enforced pursuant to this article; (B) Whether the licensee or applicant is the obligor covered by that order; (C) Whether the obligor is or is not in compliance with the order for child support; (D) Whether the obligor shall be entitled to pay past due child support in periodic payments; and (E) Whether the obligor has been able and willing to comply with such order for support. (2) With respect to the issues listed in paragraph (1) of this subsection, evidence relating to the ability and willingness of an obligor to comply with such order for support shall be considered in making the decision to either suspend a license or deny the issuance or renewal of a license under this Code section. The administrative law judge shall be authorized to enter into an agreement or enter an order requiring such periodic payments and, in each event, the administrative law judge shall be authorized to issue a release for the obligor to obtain each license or licenses. Such an agreement shall not act to modify an existing child support order, but rather shall affect only the payment of the arrearage. (i) The decision at the hearing shall be subject to appeal and judicial review pursuant to Article 2 of Chapter 13 of Title 50 but only as to those issues referred to in subsection (h) of this Code section. Notwithstanding any hearing requirements for suspension and denials within each licensing entity, the hearing and appeal procedures outlined in this Code section shall be the only hearing required to suspend a license or deny the issuance or renewal of a license under this Code section. (j) The department shall prescribe release forms for use by the agency. When the obligor is determined to be in compliance with an order for child support or is determined to be not in compliance with such order but has been determined in a hearing pursuant to subsection

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(h) of this Code section to be unable to comply with the order or to be not willfully out of compliance with such order, the agency shall mail to the delinquent obligor and the appropriate licensing entity a notice of release stating such determination. The receipt of a notice of release shall serve to notify the delinquent obligor and the licensing entity that, for the purpose of this Code section, he or she is in compliance with an order for child support, and the licensing entity shall promptly thereafter issue or reinstate the license, unless the agency, pursuant to subsection (b) of this Code section, certifies subsequent to the issuance of a notice of release that the obligor is once again not in compliance with an order for child support. (k) Any payments received by the department on behalf of a child support recipient under this Code section shall be forwarded to such recipient within 15 days after any such payment is received by the department. (l) The department may enter into interagency agreements with state agencies that have responsibility for the administration of licensing entities as necessary to implement this Code section. Those agreements shall provide for the receipt by other state agencies and boards of federal funds to cover that portion of costs allowable under federal law and regulation and incurred by state agencies and boards in implementing this Code section. (m) Any licensing entity receiving an inquiry as to the license status of an applicant who has had an application for issuance or renewal of a license denied under this Code section shall respond only that the license was suspended or the licensure application was denied pursuant to this Code section. (n) The department shall inform delinquent obligors of resources available which may remedy such delinquent obligor's license suspension. (o) The department shall, and the licensing entities as appropriate may, adopt regulations necessary to implement this Code section."

SECTION 1-20. Said title is further amended by revising paragraph (4) of subsection (d) of Code Section 19-11-12, relating to review of orders for child support, as follows:
"(4)(A) In the case of an administrative order, the child support enforcement agency shall request the administrative law judge to increase or decrease the amount in the existing order in accordance with such agency recommendation. If either the obligor or the obligee files with the child support enforcement agency written objections to such agency's proposed child support order adjustment or determination of no change to the child support order within 33 days of the mailed notice, the matter shall be scheduled for an administrative hearing within the Office of State Administrative Hearings. The administrative order adjusting the child support award amount which results from a hearing or the failure to object to the child support enforcement agency's proposed adjustment or determination of no change shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support. As part of the order adjusting the child support award the administrative

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law judge shall issue an income deduction order which shall also be filed with the court pursuant to Code Sections 19-6-30 through 19-6-33.1. (B) In the case of a judicial order, the child support enforcement agency shall file a petition asking the court to adopt such agency's proposed adjustment or determination of no change to the child support order which shall be filed contemporaneously with such agency's mailed notice and shall serve such petition upon the obligor and obligee in the manner provided in subsection (e) of Code Section 9-11-4. Upon the filing of a written objection to the child support enforcement agency's proposed adjustment or determination of no change with the clerk of the superior court and with such agency, a de novo proceeding shall be scheduled with the court on the matter. If neither party files an objection within 30 days from the service of the petition, the court shall issue an order adopting the recommendation of the child support enforcement agency. As part of the order adjusting the child support award, the court shall issue an income deduction order pursuant to Code Sections 19-6-30 through 19-6-33.1."

SECTION 1-21. Said title is further amended by revising subsections (a) and (c) of Code Section 19-11-15, relating to voluntary support agreement, notice, and hearing, as follows:
"(a) When the department has completed its investigation, has determined the ability of the absent parent to support his or her child or children in accordance with guidelines prescribed in Code Section 19-6-15, and believes that the absent parent is able to furnish a certain amount of support, the department may, as an exception to Code Section 9-12-18, request the absent parent to enter into a proposed consent order and income deduction order to provide the support amount and accident and sickness insurance coverage consistent with Code Section 19-11-26 prior to the filing of an action with the superior court. The orders may not be set aside on the grounds that the parties consented thereto prior to the filing of the action. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-33.1. If the department is unable to secure a proposed consent order from the parent, the department may file an action in superior court or may initiate an administrative action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" "(c) The determination of the administrative law judge regarding the ability to provide support and the ability to provide accident and sickness insurance coverage shall be delivered to the absent parent personally or shall be sent by first-class mail. The final order shall include an income deduction order consistent with Code Sections 19-6-30 through 19-6-33.1, and shall inform the absent parent in plain language:
(1) That failure to support may result in the foreclosure of liens on his or her personal or real property, in garnishment of his or her earnings or other personalty, or in other collection actions; and (2) That the absent parent has the right to appeal the determination within 30 days."

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SECTION 1-22. Said title is further amended by revising subsections (a) and (f) of Code Section 19-11-18, relating to collection procedures, as follows:
"(a) The child support enforcement agency, in accordance with IV-D, shall be authorized to institute collection procedures for all arrearages which have accrued against child support payments owed pursuant to a judgment or support order of a court of competent jurisdiction. Such collection procedures shall include, but shall not be limited to, notification of employers that a wage assignment is in effect and not suspended; notification of obligors; demand letters; use of state and federal income tax refund intercept programs; initiation of contempt proceedings; the use of liens, levies, and seizures as provided in subsections (b) and (c) of this Code section; the use of the services of any person providing collection services to the department; seeking warrants in appropriate situations; attachment or lien against property; civil actions to reach and apply; and any other civil or administrative remedy available for the enforcement of judgments or for the enforcement of support or custody orders." "(f) Unless otherwise provided by federal law, and notwithstanding any other provision of this title to the contrary, any child support being held by the child support enforcement agency shall be paid to the custodial parent, legal guardian, or caretaker having custody of or responsibility for a child within two days from receipt by the child support enforcement agency of such child support."

SECTION 1-23. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 19-11-30, relating to confidentiality of information and records, as follows:
"(2) The department shall provide to an attorney representing an obligor, to an attorney representing an obligee, or to a private child support collector, as defined in Code Section 10-1-392, and hired by an obligee and acting pursuant to a power of attorney signed by such obligee, any documents which such obligor or obligee would be entitled to request and receive from the child support enforcement agency."

SECTION 1-24. Said title is further amended by revising subsections (a) and (b) of Code Section 19-11-32, relating to the process to collect delinquent support accounts, as follows:
"(a) Notwithstanding other statutory provisions which provide for the execution, attachment, or levy against accounts, the child support enforcement agency may utilize the process established in this Code section and Code Sections 19-11-33 through 19-11-39 to collect delinquent support payments, provided that any exemptions or exceptions which specifically apply to enforcement of support obligations pursuant to Code Section 18-4-6 shall also apply. (b) An obligor is subject to the provisions of this Code section and Code Sections 19-11-33 through 19-11-39 if the obligor's support obligation is being enforced

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by the child support enforcement agency and if the support payments ordered pursuant to Georgia law or under a comparable statute of a foreign jurisdiction, as certified to the child support enforcement agency, are delinquent in an amount equal to the support payment for one month."

SECTION 1-25. Said title is further amended by revising paragraph (1) of subsection (d) and subsections (k) and (l) of Code Section 19-11-37, relating to challenges to levy and procedure, as follows:
"(1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the child support enforcement agency shall notify the financial institution that the administrative levy has been released. The child support enforcement agency shall provide a copy of the notice of release to the obligor by first-class mail; or" "(k) An order entered under this Code section for a levy against an account of an obligor has priority over a levy for a purpose other than the support of the dependents in the order being enforced. (l) The obligor may withdraw the request for challenge by submitting a written withdrawal to the individual identified as the contact for the child support enforcement agency in the notice, or the child support enforcement agency may withdraw the administrative levy at any time prior to the court hearing and provide notice of the withdrawal to the obligor and any account holder of interest and to the financial institution by first-class mail."

SECTION 1-26. Said title is further amended by revising subsection (a) of Code Section 19-11-39, relating to computerized central case registry for support orders, as follows:
"(a) The department shall create by contract, cooperative agreement, or otherwise a computerized central case registry for all support orders entered by any court or administrative tribunal of this state. All support orders obtained by the child support enforcement agency as well as those support orders not within the child support enforcement agency shall be registered in such data base. The department may enter into a cooperative agreement with the Administrative Office of the Courts so as to obtain information needed to create and maintain the state registry of support orders as required by federal law."

SECTION 1-27. Said title is further amended by revising paragraph (10) of Code Section 19-11-101, relating to definitions for the "Uniform Interstate Family Support Act," as follows:
"(10) 'Income-withholding order' means an order or other legal process directed to an obligor's employer or other debtor, pursuant to Code Sections 19-6-32 and 19-6-33, to withhold support from the income of the obligor."

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SECTION 1-28. Said title is further amended by revising Code Section 19-11-150, relating to issuance of income-withholding orders, as follows:
"19-11-150. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer pursuant to Code Sections 19-6-32 through 19-6-33.1 without first filing a petition or comparable pleading or registering the order with a tribunal of this state."

SECTION 1-29. Said title is further amended by revising subsection (d) of Code Section 19-11-164, relating to notification to nonregistering party and obligor's employer, as follows:
"(d) Upon registration of an income-withholding order for enforcement, the child support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to Code Sections 19-6-32 through 19-6-33.1."

PART II SECTION 2-1. Code Section 7-4-12.1 of the Official Code of Georgia Annotated, relating to interest on arrearage on child support, is amended by revising subsection (b) as follows: "(b) Subsection (a) of this Code section shall not be construed to abrogate the authority of the Department of Human Services to waive, reduce, or negotiate a settlement of unreimbursed public assistance in accordance with subsection (b) of Code Section 19-11-5."

SECTION 2-2. Code Section 10-1-393.10 of the Official Code of Georgia Annotated, relating to filing of contracts for collections, as follows:
"(f) Upon the request of an obligee, the entity within the department authorized to enforce support orders shall forward child support payments made payable to the obligee to any private child support collector that is in compliance with the provisions of this Code section and Code Section 10-1-393.9."

SECTION 2-3. Said title is further amended by replacing "IV-D agency" with "child support enforcement agency" wherever such term appears in: (1) Code Section 19-11-9.1, relating to duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance; (2) Code Section 19-11-12, relating to review of orders for child support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation;

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(3) Code Section 19-11-15.1, relating to information required to be given to individuals receiving services; (4) Code Section 19-11-18, relating to collection procedures, notice, and judicial review; (5) 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 of coverage; (6) Code Section 19-11-30.1, relating to computer based registry; (7) Code Section 19-11-30.2, relating to information from financial institutions; (8) Code Section 19-11-30.3, relating to responsibility of Department of Human Services Bank Match Registry; (9) Code Section 19-11-30.6, relating to reciprocal agreements with other states; (10) Code Section 19-11-30.10, relating to authority to levy and seize deposit; (11) Code Section 19-11-33, relating to notice; (12) Code Section 19-11-34, relating to verification and immunity from liability; (13) Code Section 19-11-35, relating to initiation of administrative action for levy and required information in notice to financial institution; (14) Code Section 19-11-36, relating to required information in notice to obligor; (15) Code Section 19-11-37, relating to challenges to levy, mistakes, procedures, and reimbursement; (16) Code Section 19-11-38, relating to required financial institution action; and (17) Code Section 19-11-39, relating to computerized central case registry for support orders.

SECTION 2-4. Code Section 31-10-9.1 of the Official Code of Georgia Annotated, relating to social security account information of parents, is amended by revising subsections (b) and (c) as follows:
"(b) The state registrar shall make available the records of an individual's name and social security number to the entity within the Department of Human Services authorized to enforce support orders for its use in the establishment of paternity or the enforcement of child support orders. (c) Information obtained pursuant to this Code section by the entity within the Department of Human Services authorized to enforce support orders may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation."

SECTION 2-5. Article 5 of Chapter 3 of Title 42 of the Official Code of Georgia Annotated, relating to diversion center and program for violation of alimony and child support orders, is amended by revising Code Section 42-3-90, relating to establishment of diversion center, as follows:

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"42-3-90. A county shall be authorized to establish a diversion center under the direction of the sheriff of the county in which the diversion center is located and a diversion program for the confinement of certain individuals who have been found in contempt of court for violation of orders granting temporary or permanent alimony or child support and sentenced pursuant to subsection (c) of Code Section 15-1-4. While in such diversion program, the respondent shall be authorized to travel to and from his or her place of employment and to continue his or her occupation. The official in charge of the diversion program or his or her designee shall prescribe the routes, manner of travel, and periods of travel to be used by the respondent in attending to his or her occupation. If the respondent's occupation requires the respondent to travel away from his or her place of employment, the amount and conditions of such travel shall be approved by the official in charge of the diversion center or his or her designee. When the respondent is not traveling to or from his or her place of employment or engaging in his or her occupation, such respondent shall be confined in the diversion center during the term of the sentence. With the approval of the sheriff or his or her designee, the respondent may participate in educational or counseling programs offered at the diversion center. While participating in the diversion program, such respondent shall be liable for alimony or child support as previously ordered, including arrears, and his or her income shall be subject to the provisions of Code Sections 19-6-30 through 19-6-33.1 and Chapter 11 of Title 19. In addition, should any funds remain after payment of child support or alimony, such respondent may be charged a fee payable to the county operating the diversion program to cover the costs of his or her incarceration and the administration of the diversion program which fee shall be not more than $30.00 per day or the actual per diem cost of maintaining the respondent, whichever is less, for the entire period of time such respondent is confined to the diversion center and participating in the diversion program. If such respondent fails to comply with any of the requirements imposed upon him or her in accordance with this Code section, nothing shall prevent the sentencing judge from revoking such assignment to such diversion program and providing for alternative methods of incarceration."

SECTION 2-6. Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, is amended by revising Code Section 50-27-55, relating to the article's applicability to prizes of $5,000.00 or more, as follows:
"50-27-55. The provisions of this article shall only apply to prizes of $5,000.00 or more and shall not apply to any retailers authorized by the board to pay prizes of up to $5,000.00 after deducting the price of the ticket or share; excepting that a claim for delinquent child support filed by the entity within the Department of Human Services authorized to enforce support orders shall apply to all prizes of $2,500.00 or more."

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PART III SECTION 3-1.

Code Section 19-6-15, relating to child support in final verdict or decree, is amended by revising subparagraph (h)(1)(F) of as follows:
"(F)(i) The total amount of work related child care costs shall be divided between the parents pro rata to determine the presumptive amount of child support and shall be included in the worksheet and the final child support order. (ii) In situations in which work related child care costs may be variable, the court or jury may, in its discretion, remove work related child care costs from the calculation of support, and divide the work related child care costs pro rata, to be paid within a time specified in the final child support order. If a parent or nonparent custodian fails to comply with the final child support order:
(I) The other parent or nonparent custodian may enforce payment of the work related child care costs by any means permitted by law; or (II) Child support services shall pursue enforcement when such unpaid costs have been reduced to a judgment in a sum certain."

PART IV SECTION 4-1.

Sections 1-17 and 1-18 of this Act shall become effective on October 1, 2017. All other Sections of this Act shall become effective on July 1, 2017.

SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 9, 2017.

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LAW ENFORCEMENT AGENCIES AND OFFICERS PENAL INSTITUTIONS TRAINING REQUIREMENTS FOR SCHOOL RESOURCE OFFICERS; AUTHORITY OF MUNICIPAL PROBATION OFFICERS; POSSESSION OF TOBACCO BY INMATES; POSSESSION OF STORED VALUE CARDS BY INMATES; LIMITATION ON FILING ACTIONS IN FORMA PAUPERIS BY INMATES.

No. 243 (Senate Bill No. 149).

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 provide for training requirements for school resource officers; to provide for a definition; to provide for rules and regulations by the Georgia Peace Officer Standards and Training Council for the administration of such training requirements; to amend Code Sections 35-8-13.1 and 42-8-107 of the Official Code of Georgia Annotated, relating to training and certification of municipal probation officers and uniform professional standards and uniform contract standards, respectively, so as to revise the authority of a municipal probation officer relative to the exercise of the power of arrest and a Georgia Peace Officer Standards and Training Council certification; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to prohibit inmates of county and municipal jails and state and county institutions from possessing tobacco or any product containing tobacco; to render it unlawful for any person to obtain for, to procure for, or to give to such inmates tobacco or any product containing tobacco; to provide for exceptions; to provide for criminal penalties; to make it unlawful for inmates to possess a stored value card and certain characteristics of stored value cards; to make it unlawful to obtain or procure for or to give an inmate such information; to revise circumstances in which a prisoner is limited in filing actions in forma pauperis; 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 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended in Code Section 35-8-2, relating to definitions, by adding a new paragraph to read as follows:

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"(10.1) 'School resource officer' means a peace officer whose primary employment or assigned duties with a law enforcement unit is assignment or appointment to a public elementary school or secondary school."

SECTION 1-2. Said chapter is further amended by adding a new Code section to read as follows:
"35-8-27. (a) It is the best practice for any person assigned or appointed as a school resource officer to successfully complete a training course for school resource officers approved by the council. (b) For purposes of subsection (a) of this Code section, the council shall maintain a training course consisting of 40 hours of training for school resource officers. Such training course shall, at a minimum, provide training in the role of a peace officer assigned to an elementary or secondary school, search and seizure in elementary and secondary schools, criminal offenses, gang awareness, drug awareness, interviews and interrogations, emergency preparedness, and interpersonal interactions with adolescents, including the encountering of mental health issues."

PART II SECTION 2-1.

Code Section 35-8-13.1 of the Official Code of Georgia Annotated, relating to training and certification of municipal probation officers, is amended by revising subsection (a) as follows:
"(a) Any person employed or appointed as a municipal probation officer on or after July 1, 2017, shall not be authorized to exercise the power of arrest as a municipal probation officer unless such person has successfully completed a training course and received certification for municipal probation officers approved by the Georgia Peace Officer Standards and Training Council; provided, however, that such person shall only exercise the power of arrest upon individuals whom he or she is supervising under Article 6 of Chapter 8 of Title 42, unless such person is certified as a peace officer by the Georgia Peace Officer Standards and Training Council."

SECTION 2-2. Code Section 42-8-107 of the Official Code of Georgia Annotated, relating to uniform professional standards and uniform contract standards, is amended by revising subsection (a) 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

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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. Any person employed or appointed as a municipal probation officer on or after July 1, 2017, shall not be authorized to exercise the power of arrest as a municipal probation officer unless such person meets the requirements provided for under Code Section 35-8-13.1; provided, however, that such person shall only exercise the power of arrest upon individuals whom he or she is supervising under this article, unless such person is certified as a peace officer by the Georgia Peace Officer Standards and Training Council. 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 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, 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."

PART III SECTION 3-1.

Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-4-13, relating to possession of drugs, weapons, or alcohol by inmates, as follows:
"42-4-13. (a) As used in this Code section, the term:
(1) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. (2) 'Controlled substance' means a drug, substance, or immediate precursor as defined in Code Section 16-13-21. (3) 'Dangerous drug' has the same meaning as defined by Code Section 16-13-71. (3.1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a jail, whether or not such person is inside or outside of the jail. (4) 'Jail' means any county jail, municipal jail, or any jail or detention facility operated by a county, municipality, or a regional jail authority as authorized under Article 5 of this chapter.

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(5) 'Jailer' means the sheriff in the case of any county jail, or the chief of police if the jail is under the supervision of the chief of police of a municipality, or the warden, captain, administrator, superintendent, or other officer having supervision of any other jail, or the designee of such officer. (b)(1) It shall be unlawful for an inmate to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or marijuana. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (3) Notwithstanding the provisions of this subsection, possession of a controlled substance, a dangerous drug, or marijuana shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of paragraph (1) of this subsection. (4) The provisions of this subsection shall not prohibit the lawful use or dispensing of a controlled substance or dangerous drug to an inmate with the knowledge and consent of the jailer when such use or dispensing is lawful under the provisions of Chapter 13 of Title 16. (c)(1) Unless otherwise authorized by law or the jailer, it shall be unlawful for an inmate to possess any alcoholic beverage or tobacco or any product containing tobacco. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor.
(d)(1)(A) It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate, any controlled substance, dangerous drug, marijuana, or any gun, pistol, or other dangerous weapon without the knowledge and consent of the jailer or a law enforcement officer. (B) It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate, any alcoholic beverage without the knowledge and consent of the jailer or a law enforcement officer; provided, however, that the provisions of this subsection shall not apply to nor prohibit the use of an alcoholic beverage by a clergyman or priest in sacramental services only. (2) Except as otherwise provided in paragraph (3) of this subsection, any person who violates subparagraph (A) of paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. Any person who violates subparagraph (B) of paragraph (1) of this subsection shall be guilty of a misdemeanor. (3) Notwithstanding the provisions of paragraph (2) of this subsection, the possession, possession with intent to distribute, trafficking, or distribution of a controlled substance or marijuana shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of subparagraph (A) of paragraph (1) of this subsection.

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(d.1)(1) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate tobacco or any product containing tobacco without the knowledge and consent of the jailer. (2) Any person who violates this Code section shall be guilty of a misdemeanor. (e) It shall be unlawful for any person to obtain, to procure for, or to give to an inmate, or to bring within the guard lines, any other article or item without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor. (f)(1) It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of a controlled substance, dangerous drug, or marijuana without the knowledge and consent of the jailer or a law enforcement officer unless such person has a valid prescription for such controlled substance or dangerous drug issued by a person licensed under Chapter 11 or 34 of Title 43 and such prescribed substance is consumed only as authorized by the prescription. Any person convicted of a violation of this subsection shall be punished by imprisonment for not less than one nor more than four years. (2) It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of alcohol without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor. (g) It shall be unlawful for any person to loiter where inmates are assigned after having been ordered by the jailer or a law enforcement officer to desist therefrom. Any person violating this subsection shall be guilty of a misdemeanor. (h) It shall be unlawful for any person to attempt, conspire, or solicit another to commit any offense defined by this Code section and, upon conviction thereof, shall be punished by imprisonment not exceeding the maximum punishment prescribed for the offense, the commission of which was the object of the attempt, conspiracy, or solicitation. (i) Any violation of this Code section shall constitute a separate offense. (j) Perimeter guard lines shall be established at every jail by the jailer thereof. Such guard lines shall be clearly marked by signs on which shall be plainly stamped or written: 'Guard line of __________.' Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the jail and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the jail."

SECTION 3-2. Said title is further amended by revising Code Section 42-5-15, relating to crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent, as follows:
"42-5-15. (a) It shall be unlawful for any person to come inside the guard lines established at any state or county correctional institution with a gun, pistol, or any other weapon or with or

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under the influence of any intoxicating liquor, amphetamines, biphetamines, or any other hallucinogenic or other drugs, without the knowledge or consent of the warden, superintendent, or his or her designated representative. (b) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years."

SECTION 3-3. Said title is further amended by revising Code Section 42-5-18, relating to items prohibited for possession by inmates, warden's authorization, and penalty, as follows:
"42-5-18. (a) As used in this Code section, the term:
(1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration, whether or not such person is inside or outside of such place of incarceration. (2) 'Place of incarceration' means any prison, probation detention center, jail, or institution, including any state, federal, local, or privately operated facility, used for the purpose of incarcerating criminals or detainees. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration. (4) 'Warden or superintendent' shall mean the commissioner or any warden, superintendent, sheriff, chief jailor, or other person who is responsible for the overall management and operation of a place of incarceration. (b) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the warden or superintendent or his or her designee. (b.1) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate tobacco or any product containing tobacco without the authorization of the warden or superintendent or his or her designee. (c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any intoxicating liquor; tobacco or any product containing tobacco; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; a telecommunications device; or any other item without the authorization of the warden or superintendent or his or her designee.

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(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. (3) A person who commits or attempts to commit a violation of subsection (b.1) 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. (e)(1) It shall be unlawful for an inmate to possess a stored value card, the account number of a stored value card, or the personal identification number of a stored value card. (2) It shall be unlawful for any person to obtain for, to procure for, or to give an inmate a stored value card, the account number of a stored value card, or the personal identification number of a stored value card. (3) A person who commits a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a term of imprisonment of not less than one nor more than ten years, unless the judge imposes a misdemeanor sentence pursuant to Code Section 17-10-5."

SECTION 3-4. Said title is further amended by revising Code Section 42-12-7.2, relating to number of forma pauperis actions limited, as follows:
"42-12-7.2. In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state or of the United States that was dismissed on the grounds that such action was frivolous or malicious, unless the prisoner is under imminent danger of serious physical injury."

PART IV SECTION 4-1.

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

Approved May 9, 2017.

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PROFESSIONS AND BUSINESSES AUTHORIZE DOCTORS OF OPTOMETRY TO ADMINISTER CERTAIN PHARMACEUTICAL AGENTS BY INJECTION.

No. 244 (Senate Bill No. 153).

AN ACT

To amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions relative to optometrists, so as to authorize doctors of optometry to administer pharmaceutical agents by injection; to provide for limitations and requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions relative to optometrists, is amended by revising subparagraphs (C) and (D) of paragraph (2) as follows:
"(C) A doctor of optometry may administer pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi by injection, except for sub-tenon, retrobulbar, peribulbar, facial nerve block, subconjunctival anesthetic, dermal filler, intravenous injections, intramuscular injections, intraorbital nerve block, intraocular, or botulinum toxin injections, if he or she:
(i) Holds a current license or certificate of registration issued by the board and has obtained a certificate showing successful completion of an injectables training program, sponsored by a school or college of optometry credentialed by the United States Department of Education and the Council on Postsecondary Accreditation, consisting of a minimum of 30 hours approved by the board; or (ii)(I) Is enrolled in an injectables training program, sponsored by a school or college of optometry credentialed by the United States Department of Education and the Council on Postsecondary Accreditation, in order to fulfill the requirements of such training program consisting of a minimum of 30 hours approved by the board; and (II) Is under the direct supervision of a physician licensed under Chapter 34 of this title and board certified in ophthalmology. (D) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes may only be:
(i)(I) Nonnarcotic oral analgesics, hydrocodone administered orally, and Schedule III or Schedule IV controlled substances which are oral analgesics;

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(II) Used for ocular pain; and (III) Used for no more than 72 hours without consultation with the patient's physician; provided, however, that with respect to hydrocodone, used for no more than 48 hours without consultation with the patient's physician; or (ii) Other pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I or Schedule II controlled substances. Doctors of optometry using such pharmaceutical agents shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases."

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

Approved May 9, 2017.

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MOTOR VEHICLES AND TRAFFIC SPECIALTY LICENSE PLATES HONORING LAW ENFORCEMENT.

No. 245 (Senate Bill No. 169).

AN ACT

To amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting and supporting certain beneficial projects, causes, agencies, or nonprofit corporations, so as to establish a specialty license plate honoring law enforcement; to provide for related matters; to provide for compliance with constitutional requirements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting and supporting certain beneficial projects, causes, agencies, or nonprofit corporations, is amended by adding a new paragraph to subsection (l) to read as follows:

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"(55) A special license plate honoring Georgia law enforcement officers, with the words 'back the badge' to be displayed across the bottom. The funds raised by the sale of this special license plate shall be disbursed to the Peace Officers' Annuity and Benefit Fund."

SECTION 2. In accordance with the requirements of Article III, Section IX, Paragraph (VI)(n) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

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

Approved May 9, 2017.

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INSURANCE CAPTIVE INSURANCE COMPANIES; SCOPE OF PROVISIONS AND LINES OF INSURANCE; AGENCY CAPTIVE INSURANCE COMPANIES; ORGANIZATION, DOCUMENTS, AND FORMATION.

No. 246 (Senate Bill No. 173).

AN ACT

To amend Chapter 41 of Title 33 of the Official Code of Georgia Annotated, relating to captive insurance companies, so as to provide for revision of certain terms and addition of terms; to provide for scope of provisions and lines of businesses for a captive insurance company; to provide for an agency captive insurance company; to provide certificate of authority to extend to board of managers; to provide for board of managers; to provide for captive corporate organization requirements; to provide for certain exemptions; to provide for exceptions, fees, and articles of incorporation requirements; to provide for powers and requirements by the Commissioner; to change certain provisions relating to business name providing for formation documents; to provide for changes to provision relating to the board of directors; to update certain language; to change certain provisions relating to taxation on direct premiums relating to risk retention group; 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 41 of Title 33 of the Official Code of Georgia Annotated, relating to captive insurance companies, is amended by revising Code Section 33-41-2, relating to definitions, as follows:
"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 any person in the same corporate system as a parent, an industrial insured, or a member organization by virtue of common ownership, control, operation, or management. (2) 'Agency captive insurance company' means:
(A) Any domestic insurance company granted a certificate of authority pursuant to this chapter 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) Any domestic insurance company granted a certificate of authority pursuant to this chapter 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 pursuant to 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) Any person:
(i) That is not in the corporate system of a parent and its affiliated companies; (ii) That has an existing contractual relationship with a parent or one of its affiliated companies; and

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(iii) Whose risks are managed by a pure captive insurance company in accordance with this chapter and approved by the Commissioner; or (B) A reinsurance pooling arrangement with other captive insurance companies that is approved by the Commissioner. (7) 'Formation documents' means articles of incorporation, if the captive insurance company or the prospective captive insurance company is a stock insurer or a mutual insurer, or articles of organization, if the captive insurance company or the prospective captive insurance company is a limited liability company, and any amendments or restatements of the same. (8) '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; (ii) Has gross assets in excess of $3 million; or (iii) Has annual gross revenues in excess of $5 million. (9) 'Industrial insured captive insurance company' means any domestic insurance company granted a certificate of authority pursuant to 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. (10) 'Mutual insurer' means an incorporated insurer without capital stock or shares that is owned and governed by its policyholders. (11) 'Parent' means an entity which directly or indirectly owns, controls, or holds with power to vote more than 50 percent of the total outstanding voting: (A) Securities of a pure captive insurance company organized as a stock corporation; or (B) Membership interests of a pure captive insurance company organized as a limited liability company. (12) '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. (13) 'Risk retention group captive insurance company' is any domestic insurance company which has been granted a certificate of authority pursuant to this chapter and determined by the Commissioner to be established and maintained as a 'risk retention

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group' as defined under the federal Liability Risk Retention Act of 1986, as amended. A risk retention group may be chartered and licensed pursuant to this chapter or pursuant to Chapter 40 of this title. (14) 'Stock insurer' means an incorporated insurer with capital divided into shares and owned by its shareholders. (15) '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."

SECTION 2. Said chapter is further amended by revising Code Section 33-41-3, relating to scope of provisions and lines of business, as follows:
"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 formation documents, 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 this state for such types of insurance. Such insurance policies and bonds issued by a captive insurance 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 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 controlled unaffiliated business;

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(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; (6) A risk retention group captive insurance company may only insure or reinsure the risks of its group members; and (7) An agency captive insurance company may only reinsure:
(A) The risk of insurance or annuity contracts placed by or through the agency, brokerage, managing general agent, or reinsurance intermediary by which it is owned or controlled; or (B) The contractual liability arising out of service contracts or warranties sold through a marketer, producer, administrator, issuer, or provider of service contracts or warranties by which it is owned or controlled. (d) A captive insurance company may, with prior written approval from the Commissioner, 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."

SECTION 3. Said chapter is further amended in Code Section 33-41-4, relating to certificate of authority required, by revising paragraph (4) as follows:
"(4) Its board of directors or board of managers holds at least one meeting each year in this state."

SECTION 4. Said chapter is further amended by revising Code Section 33-41-5, relating to incorporation, as follows:
"33-41-5. (a)(1) A pure captive insurance company or an agency captive insurance company may be incorporated as a stock insurer or organized as a manager-managed limited liability company. (2) An association captive insurance company, an industrial insured captive insurance company, or a risk retention group captive insurance company may be: (A) Incorporated as a stock insurer; (B) Incorporated as a mutual insurer; or (C) Organized as a manager-managed limited liability company.

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(b)(1) Captive insurance companies formed as corporations pursuant to this chapter shall be subject to the provisions of Chapter 2 of Title 14, other applicable statutes, and the applicable provisions of this chapter. Such captive insurance companies are also subject to regulations promulgated hereunder, which the Commissioner has the authority to establish regarding the formation, organization, operations, merger, and dissolution of captive insurance companies formed as corporations. In the event of any conflict between statutes or regulations of this state that are applicable to such captive insurance companies, the provisions of this chapter or regulations promulgated hereunder shall control. (2) Captive insurance companies formed as limited liability companies pursuant to this chapter shall be subject to the provisions of Chapter 11 of Title 14, other applicable statutes, and the applicable provisions of this chapter. Such captive insurance companies are also subject to regulations promulgated hereunder, which the Commissioner has the authority to establish regarding the formation, organization, operations, merger, and dissolution of captive insurance companies formed as limited liability companies. In the event of any conflict between statutes or regulations of this state that are applicable to such captive insurance companies, the provisions of this chapter or regulations promulgated hereunder shall control. (3) Captive insurance companies shall be exempt from all applicable publishing and probate court certification requirements set forth in Title 14 or this title. (4) The provisions of Chapter 14 of this title shall not apply to captive insurance companies except as specifically set forth herein or by the Commissioner through regulation.
(c)(1)(A) To form a captive insurance company in this state, formation documents and a fee of $100.00 shall be submitted to the Commissioner, who shall pay such fee into the state treasury. The Commissioner shall examine the formation documents to determine whether such documents will enable the captive insurance company to comply with the applicable insurance laws of this state; and, if the Commissioner finds that the formation documents, if approved, will enable the captive insurance company to do so, the Commissioner shall issue under his or her hand and official seal a certificate approving the formation documents and shall transmit a copy of such documents and the certificate of approval to the Secretary of State for recording. (B) The articles of incorporation of a captive insurance company must be signed by the incorporator and shall contain the following:
(i) The name of the captive insurance company; (ii) The number of shares the captive insurance company is authorized to issue, which must be greater than zero; (iii) The street address and county of the initial registered office and the name of the initial registered agent at that office; (iv) The name and address of each incorporator, of which there must be at least one; (v) The street address of the captive insurance company's principal office;

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(vi) The number of directors, which number shall not be less than three, who shall conduct the affairs of the captive insurance company; and (vii) Such other provisions not inconsistent with law deemed appropriate by the incorporator. (C) The articles of organization of a captive insurance company must be signed by the organizer and must contain the following: (i) The name of the captive insurance company; (ii) The street address and county of the initial registered office and the name of the initial registered agent at that office; (iii) The name and address of each organizer, of which there must be at least one; (iv) The street address of the captive insurance company's principal office; (v) The number of managers, which number shall not be less than three, who shall conduct the affairs of the captive insurance company; and (vi) Such other provisions not inconsistent with law deemed appropriate by the organizer. (2) All corporate powers and privileges to captive insurance companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions of and subject to this title and the laws and Constitution of this state. If for any reason the Secretary of State is disqualified or unable to issue or grant said powers, the duties required by this chapter, or regulations promulgated hereunder, to be performed by the Secretary of State shall be performed by the Commissioner. (3) When the certificate of the Commissioner as to his or her approval of the formation documents have been received in the office of the Secretary of State, the Secretary of State shall issue to the captive insurance company under the seal of this state a certificate of incorporation or organization. The captive insurance company shall not transact business as an insurer until it has applied for and received from the Commissioner a certificate of authority as provided by this chapter. (d)(1) A captive insurance company may amend its formation documents for any lawful purpose in accordance with the provisions of Chapter 2 of Title 14 if it is a corporation or Chapter 11 of Title 14 if it is a limited liability company. (2) The captive insurance company shall submit to the Commissioner any proposed amendment to its formation documents and a fee of $50.00, which the Commissioner shall transmit into the state treasury. (3) The Commissioner shall examine the proposed amendment to its formation documents to determine whether such documents will enable the captive insurance company to comply with the applicable insurance laws of this state; and, if the Commissioner finds that such documents, if approved, will enable the captive insurance company to do so, the Commissioner shall issue under his or her hand and official seal a certificate approving amended formation documents and shall transmit a copy of such documents and the certificate of approval to the Secretary of State for recording.

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(e)(1) A captive insurance company may merge with or into one or more business entities in accordance with the provisions of Chapter 2 of Title 14 if it is a corporation or Chapter 11 of Title 14 if it is a limited liability company, but shall submit to the Commissioner all required merger documents set forth therein. (2) The Commissioner shall examine all required merger documents to determine whether such documents will enable the captive insurance company to comply with the applicable insurance laws of this state; and, if the Commissioner finds that such documents, if approved, will enable the captive insurance company to do so, the Commissioner shall issue under his or her hand and official seal a certificate approving the merger documents and shall transmit a copy of such documents and the certificate of approval to the Secretary of State for recording. (f)(1) A captive insurance company that was formed as a stock corporation may elect to convert to a manager-managed limited liability company pursuant to Title 14, but shall submit to the Commissioner all required conversion documents set forth therein and a fee of $100.00, which the Commissioner shall transmit to the state treasury. (2) The Commissioner shall examine the required conversion documents to determine whether such documents will enable the captive insurance company to comply with the applicable laws of this state; and, if the Commissioner finds that such documents, if approved, will enable the captive insurance company to do so, the Commissioner shall issue under his or her hand and official seal a certificate approving the conversion documents and shall transmit a copy of such documents and the certificate of approval to the Secretary of State for recording. (g)(1) A captive insurance company may dissolve in accordance with the provisions of Chapter 2 of Title 14 if it is a corporation, or Chapter 11 of Title 14 if it is a limited liability company, but shall submit to the Commissioner all required dissolution documents set forth therein. (2) The Commissioner shall examine the required dissolution documents to determine whether such documents will enable the captive insurance company to dissolve in compliance with the applicable insurance laws of this state; and, if the Commissioner finds that such documents, if approved, will enable the captive insurance company to do so, the Commissioner shall issue under his or her hand and official seal a certificate approving the dissolution and shall transmit a copy of such documents and the certificate of approval to the Secretary of State for recording."

SECTION 5. Said chapter is further amended by revising Code Section 33-41-6, relating to business name, as follows:
"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

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association organized or doing business in this state. The Commissioner shall not approve the formation documents 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) 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 be a part of its name."

SECTION 6. Said chapter is further amended by revising Code Section 33-41-7, relating to directors, as follows:
"33-41-7. (a) The affairs of every captive insurance company shall be managed by not less than three directors or managers. (b) At least one of the directors or managers of every captive insurance company shall be a resident of this state. (c) Every captive insurance company shall report to the Commissioner within 30 days after any change in its directors or managers including in its report a statement of the business and professional background and affiliations of any new director or manager."

SECTION 7. Said chapter is further amended in Code Section 33-41-10, relating to application for certificate of authority, by revising paragraph (1) of subsection (a) and subsections (b), (c), (d), and (e), as follows:
"(1) A copy of the captive insurance company's adopted or proposed articles of incorporation and bylaws or articles of organization and operating agreement; and" "(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 applicable items submitted to him or her 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 or her 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 licensure and a renewal fee for each year thereafter in the amount periodically imposed under this title upon captive insurance companies.

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(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, 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. (e) The captive insurance company shall provide the Commissioner with the following documentation as soon as practicable:
(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 forth in Chapter 10 of this title, except as modified by this chapter. Notwithstanding subsection (d) of this Code section, the Commissioner may require that the captive insurance company submit the documentation required by this subsection prior to issuing the captive insurance company a certificate of authority."

SECTION 8. Said chapter is further amended in Code Section 33-41-22, relating to taxation, by revising paragraphs (1) and (2) as follows:
"(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. However, risk retention group captive insurance companies shall only be subject to such taxes on direct premiums collected for coverages within the State of Georgia; (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 this title. 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;"

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

Approved May 9, 2017.

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INSURANCE CANCELLATION OR NONRENEWAL OF AUTOMOBILE OR MOTORCYCLE POLICY; REVISE DEFINITION.

No. 247 (House Bill No. 92).

AN ACT

To amend Code Section 33-24-45 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of automobile or motorcycle policies, so as to expand the definition of policy to include policies issued by the same insurer; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-24-45 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of automobile or motorcycle policies, is amended by revising paragraph (1) of subsection (b) as follows:
"(1) 'Policy' means a policy, or policies issued by the same insurer, insuring a natural person as named insured or one or more related individuals resident of the same household and which provides bodily injury coverage and property damage liability coverage, personal injury protection, physical damage coverage, medical payments coverage, or uninsured motorists' protection coverage or any combination of coverages and under which the insured vehicles designated in the policy are of the following types only:
(A) Any motor vehicle of the private passenger, station wagon, or jeep type or a motorcycle that is not used as a public or livery conveyance for passengers nor rented to others; or (B) Any other four-wheel motor vehicle with a load capacity of 1,500 pounds or less which is not used in the occupation or professional business of the insured; provided, however, that this Code section shall not apply to policies of automobile liability insurance issued under the Georgia Automobile Insurance Plan nor to any policy insuring an automobile which is one of more than four insured under a single policy nor

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to any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards."

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

Approved May 9, 2017.

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BANKING AND FINANCE CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS DIRECTORS AND OFFICERS OF BANKS, TRUST COMPANIES, AND CORPORATIONS; RESPONSIBILITIES AND STANDARD OF CARE.

No. 248 (House Bill No. 192).

AN ACT

To amend Part 12 of Article 2 of Chapter 1 of Title 7 and Article 8 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to management of bank and trust companies and directors and officers of corporations, respectively, so as to change provisions relating to the responsibilities and standard of care of directors and officers of banks, trust companies, and corporations; to clarify the ability of directors and officers to rely on other individuals in the performance of their duties; to provide for a rebuttable presumption when directors and officers are acting in good faith; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 12 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to management of bank and trust companies, is amended by revising Code Section 7-1-490, relating to the responsibilities of directors and officers, as follows:
"7-1-490. (a) Directors and officers of a bank or trust company shall discharge the duties of their respective positions in good faith and with the degree of diligence, care, and skill which an ordinarily prudent person would exercise under similar circumstances. (b) In performing his or her duties, a director or officer, may be entitled to rely upon:

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(1) Other officers, employees, or agents of the bank or trust company whom the director or officer reasonably believed to be reliable and competent in the functions performed; and (2) Information, data, opinions, reports, or statements provided by other officers, employees, agents of the bank or trust company, legal counsel, public accountants, investment bankers, or other persons as to matters involving the skills, expertise, or knowledge reasonably believed to be reliable and within such person's professional or expert competence. (c) There shall be a presumption that the process directors and officers followed in arriving at decisions was done in good faith and that such directors and officers have exercised ordinary care; provided, however, that this presumption may be rebutted by evidence that such process constitutes gross negligence by being a gross deviation of the standard of care of a director or officer in a like position under similar circumstances. (d) A bank, through its board of directors, may delegate to a correspondent bank the power to determine, within the limits set by law, the investments in which its assets, including reserve assets, may be held, provided that the bank must obtain the prior written approval of the department for such delegation. (e) Nothing in this Code section shall: (1) In any instance when fairness is at issue, such as consideration of the fairness of a transaction to the bank or trust company as evaluated under paragraph (3) of subsection (b) of Code Section 14-2-861, alter the burden of proving the fact or lack of fairness otherwise applicable; (2) Alter the fact or lack of liability of a director or officer under the Official Code of Georgia Annotated, including Code Sections 7-1-492 and 7-1-494; (3) Affect any rights to which the bank or trust company or its shareholders may be entitled under another law of this state or of the United States; or (4) Deprive a director or officer of the applicability, effect, or protection of the business judgment rule."

SECTION 2. Article 8 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to directors and officers of corporations, is amended by revising Code Section 14-2-830, relating to general standards of conduct for directors, as follows:
"14-2-830. (a) A director shall perform his or her duties as a director in good faith and with the degree of care an ordinarily prudent person in a like position would exercise under similar circumstances. (b) In performing his or her duties a director may rely upon:
(1) Other officers, employees, or agents of the corporation whom the director reasonably believed to be reliable and competent in the functions performed; and

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(2) Information, data, opinions, reports, or statements provided by officers, employees, agents of the corporation, legal counsel, public accountants, investment bankers, or other persons as to matters involving the skills, expertise, or knowledge reasonably believed to be reliable and within such person's professional or expert competence. (c) There shall be a presumption that the process a director followed in arriving at decisions was done in good faith and that such director has exercised ordinary care; provided, however, that this presumption may be rebutted by evidence that such process constitutes gross negligence by being a gross deviation of the standard of care of a director in a like position under similar circumstances. (d) Nothing contained in this Code section shall: (1) In any instance when fairness is at issue, such as consideration of the fairness of a transaction to the corporation as evaluated under paragraph (3) of subsection (b) of Code Section 14-2-861, alter the burden of proving the fact or lack of fairness otherwise applicable; (2) Alter the fact or lack of liability of a director under the Official Code of Georgia Annotated, including the governance of the consequences of an unlawful distribution under Code Section 14-2-832 or a conflicting interest transaction under Code Section 14-2-861; (3) Affect any rights to which the corporation or its shareholders may be entitled under another law of this state or of the United States; or (4) Deprive a director of the applicability, effect, or protection of the business judgment rule."

SECTION 3. Said article is further amended by revising Code Section 14-2-842, relating to standards of conduct for officers, as follows:
"14-2-842. (a) An officer shall perform his or her duties in good faith and with the degree of care which an ordinarily prudent person in a like position would use under similar circumstances. (b) In performing his or her duties an officer may rely upon:
(1) Other officers, employees, or agents of the corporation whom the officer reasonably believed to be reliable and competent in the functions performed; and (2) Information, data, opinions, reports, statements provided by officers, employees, or agents of the corporation, legal counsel, public accountants, investment bankers, or other persons as to matters involving the skills, expertise, or knowledge reasonably believed to be reliable and within such person's professional or expert competence. (c) There shall be a presumption that the process an officer followed in arriving at decisions was done in good faith and that such officer has exercised ordinary care; provided, however, that this presumption may be rebutted by evidence that such process

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constitutes gross negligence by being a gross deviation of the standard of care of an officer in a like position under similar circumstances. (d) Nothing contained in this Code section shall:
(1) In any instance when fairness is at issue, such as consideration of the fairness of a transaction to the corporation as evaluated under paragraph (3) of subsection (c) of Code Section 14-2-864, alter the burden of proving the fact or lack of fairness otherwise applicable; (2) Alter the fact or lack of liability of an officer under the Official Code of Georgia Annotated, including the governance of the consequences of a transactional interest under Code Section 14-2-864; (3) Affect any rights to which the corporation or its shareholders may be entitled under another law of this state or of the United States; or (4) Deprive an officer of the applicability, effect, or protection of the business judgment rule."

SECTION 4. This Act shall apply only to causes of action arising on or after July 1, 2017.

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

Approved May 9, 2017.

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MOTOR VEHICLES AND TRAFFIC SPECIALTY LICENSE PLATE FOR GEORGIA ELECTRIC UTILITIES AND ELECTRIC UTILITY CONTRACTORS.

No. 249 (House Bill No. 260).

AN ACT

To amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting and supporting certain beneficial projects, causes, agencies, or nonprofit corporations, so as to establish a specialty license plate for Georgia electric utilities and electric utility contractors; to provide for related matters; to provide for compliance with constitutional requirements; 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 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting and supporting certain beneficial projects, causes, agencies, or nonprofit corporations, is amended by adding a new paragraph to subsection (l) to read as follows:
"(55) A special license plate honoring the Georgia electric utility linemen, with the words 'Thank a Lineman' to be displayed across the bottom. The funds raised by the sale of this special license plate shall be disbursed to the Southeastern Firefighters Burn Foundation."

SECTION 2. In accordance with the requirements of Article III, Section IX, Paragraph (VI)(n) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

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

Approved May 9, 2017.

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ELECTIONS REVISE VARIOUS ELECTION PROVISIONS.

No. 250 (House Bill No. 268).

AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the time period for certification of election officials; to repeal obsolete provision; to provide for additional training and sanctions for election superintendents who violate provisions of law or rules and regulations; to revise manner and times for certain qualifying for office; to provide for certain authorization for certain write-in candidate intention of candidacies; to repeal provisions regarding municipal registrars; to revise the types of identification acceptable for voting; to require certain information for voter registration; to revise provisions regarding change of address for electors; to limit when polling places may be moved; to require certain reports regarding polling places established outside of precinct boundaries; to provide for the manner of voting in advance voting locations; to provide for correction of mistakes and omissions on ballot; to provide for the manner of applying for absentee ballots for certain voters; to change the oath form for absentee ballots; to revise the period for certain advance voting; to provide limitations regarding certain activities within close proximity to polling locations

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when voting is occurring; to provide for the manner of obtaining a provisional ballot; to provide for the delivery, presentation, preservation, and destruction of voting materials; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising Code Section 21-2-101, relating to certification program for county and municipal election superintendents or election board designee, waiver of certification, and failure to comply, as follows:
"21-2-101. (a) All county and municipal election superintendents, chief registrars, and absentee ballot clerks or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State within six months following their appointment. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment, the operation of the voting equipment used in such superintendent's jurisdiction, and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent's or designee's participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before December 31 of the year in which such superintendents or designees are appointed and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) Reserved.
(c)(1) A full, partial, or conditional waiver of the certification requirement may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (2) In the event that a municipality authorizes a county to conduct its elections pursuant to Code Section 21-2-45, the municipality may be granted by the Secretary of State, in the discretion of the Secretary of State, a waiver of the certification requirement, provided that the superintendent in charge of running the municipal election shall have previously completed a certification program approved by the Secretary of State and has demonstrated a proficiency in the operation of the voting equipment used in said municipality.

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(d) A superintendent and the county or municipal governing authority which employs such superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section. (e) After notice and hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act', the State Election Board may require additional or remedial training or limit, suspend, or revoke the certification of a superintendent if such superintendent is found to have violated any provision of this chapter or any rule, regulation, or order issued by the State Election Board. In its discretion, the State Election Board may reinstate such certification. (f) The State Election Board is authorized to promulgate, amend, or repeal rules and regulations for the implementation of this Code section. Such rules and regulations may include provisions related to additional or remedial training or the limitation, suspension, revocation, or reinstatement of a superintendent's certification issued by the Secretary of State."

SECTION 2. Said chapter is further amended by revising Code Section 21-2-130, relating to procedures for qualification of candidates generally, as follows:
"21-2-130. Candidates may qualify for an election as follows:
(1) Nomination through a political party primary; (2) Filing a notice of candidacy and affidavit and paying a qualifying fee or filing a pauper's affidavit with a pauper's petition in conjunction with:
(A) Filing a nomination petition declared lawful pursuant to Code Section 21-2-171 either as an independent candidate or as a nominee of a political body, if duly certified by the chairperson and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172; (B) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180; (C) Candidacy in a special election as prescribed in subsection (e) of Code Section 21-2-132; (D) Qualifying as an incumbent candidate to succeed such incumbent as prescribed in subsection (e) of Code Section 21-2-132; or (E) Candidacy for election to a nonpartisan office; (3) In the case of an election for presidential electors, nomination as prescribed by rules of a political party and subsection (f) of Code Section 21-2-153; or (4) Substitute nomination by a political party or body as prescribed in Code Section 21-2-134."

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SECTION 3. Said chapter is further amended by revising 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:
"(d) All political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each elector for President or Vice President of the United States, or his or her agent, desiring to have the names of his or her candidates for President and Vice President placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State during the period beginning at 9:00 A.M. on the fourth Monday in June immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays; (2) Each candidate for United States Senate, United States House of Representatives, or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State during the period beginning at 9:00 A.M. on the Monday of the thirty-fifth week immediately prior to the election and ending at 12:00 Noon on the Friday immediately following such Monday, notwithstanding the fact that any such days may be legal holidays, in the case of a general election. In the case of a special election to fill a federal office listed in this subsection, each candidate shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than the date of the call of the special election and no later than 60 days prior to the special election. In the case of a special election to fill a state office, each candidate shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than the date of the call of the special election and no later than 25 days prior to the special election; (3) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county during the period beginning at 9:00 A.M. on the Monday of the thirty-fifth week immediately prior to the election and ending at 12:00 Noon on the Friday immediately following such Monday, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;

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(4) 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 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
(5)(A) In extraordinary circumstances as described in Code Section 21-2-543.1, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, with the office of the Secretary of State no earlier than the date of the call of the special election and no later than ten days after the announcement of such extraordinary circumstances. (B) The provisions of this subsection shall not apply where, during the 75 day period beginning on the date of the announcement of the vacancy:
(i) A regularly scheduled general election for the vacant office is to be held; or (ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period."

SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates, as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the qualifying period for nonpartisan elections in the case of nonpartisan elections for state or county offices; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; or no later than seven days after the close of the special election qualifying period for a special election by the person to be a write-in

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candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election. In the event that such intention of candidacy is filed and published by a person or group of persons other than the candidate, such person or group of persons shall also file a written, notarized authorization by the candidate for such filing and publication."

SECTION 5. Said chapter is further amended by revising subsection (c) of Code Section 21-2-212, relating to county registrars, appointment, certification, term of service, vacancies, compensation and expenses of chief registrar, registrars, and other officers and employees, and budget estimates, as follows:
"(c) Reserved."

SECTION 6. Said chapter is further amended by revising Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, prohibited political activities, oath of office, privilege from arrest, and duties conducted in public, as follows:
"21-2-214. (a) Members of the board of registrars shall be electors of this state and the county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony involving moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude and shall never have been convicted of a crime involving fraud, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment. (b) The office of a member of a county board of registrars, a deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration shall be vacated immediately upon such officer's qualifying for any nomination or office to be voted for at a primary or election or qualifying for any nomination or office or qualifying to have such officer's

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name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or giving notice of such officer's intention of write-in candidacy; provided, however, that this Code section shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. Nothing contained in this Code section shall cause the office of a member of a county board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration to be vacated upon qualifying for or having such officer's name placed on the ballot or holding office in a political party or body or serving as a presidential elector. (c) No member of a county board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. (d) Before entering upon the duties of office, each registrar and deputy registrar shall take the following oath before some officer authorized to administer oaths under the laws of this state:
'I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as (deputy) registrar.' (e) Registrars, deputy registrars, election superintendents, and poll officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny, or breach of the peace. (f) The registrars shall conduct their duties in public and all hearings on the qualifications of electors shall be conducted in public."

SECTION 7. Said chapter is further amended by revising paragraph (2) of subsection (g) of Code Section 21-2-216, relating to qualifications of electors generally, reregistration of electors purged from list, eligibility of nonresidents who vote in presidential elections, retention of qualification for standing as elector, evidence of citizenship, and check of convicted felons and deceased persons databases, as follows:
"(2) Satisfactory evidence of citizenship shall include any of the following: (A) The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory evidence of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification card issued by an

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equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory evidence of United States citizenship to the agency; (B) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars; (C) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport; (D) A presentation to the board of registrars of a legible copy of the applicant's United States naturalization documents or the alien registration number from the applicant's naturalization documents. If only the applicant's alien registration number is provided, the applicant shall not be found eligible to vote until the applicant's alien registration number is verified with the United States Citizenship and Immigration Services by the board of registrars; (E) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603); (F) The applicant's Bureau of Indian Affairs card, tribal treaty card, or tribal enrollment card; and (G) For residents of this state who are United States citizens but are not in possession of any of the documents or methods of proof enumerated under subparagraphs (A) through (F) of this paragraph, other documents or methods of proof for establishing evidence of United States citizenship which shall be promulgated by rule and regulation of the State Election Board."

SECTION 8. Said chapter is further amended by adding a new Code section to read as follows:
"21-2-220.1. (a) Any person applying to register to vote shall provide his or her Georgia driver's license number or identification card number for an identification card issued pursuant to Article 5 of Chapter 5 of Title 40 on the voter registration application. If a person does not have a Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, such person shall provide the last four digits of his or her social security number on the voter registration application. If a person does not have a Georgia driver's license, a Georgia identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or a social security number, the person shall affirm this fact in the manner prescribed in the voter registration application upon penalty of law and such application shall be processed without regard to the procedures outlined in subsections (b), (c), and (d) of this Code section. (b) For those voter registration applicants who have a Georgia driver's license number or identification card number for an identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or the last four digits of a social security number, a voter registration

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application may be accepted as valid only after the board of registrars has verified the authenticity of the Georgia driver's license number, the identification card number of an identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or the last four digits of the social security number provided by the applicant. (c) The authenticity of an applicant's Georgia driver's license number, identification card number of an identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or the last four digits of the social security number may be verified by:
(1) The board of registrars matching the Georgia driver's license number, identification card number of an identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or the last four digits of the social security number provided by the applicant with the applicant's record on file with the Department of Driver Services or the federal Social Security Administration; or (2) The applicant providing sufficient evidence to the board of registrars to verify the applicant's identity, which sufficient evidence includes, but is not limited to, providing one of the forms of identification listed in subsection (a) of Code Section 21-2-417. (d)(1) If a completed voter registration application has been received by the registration deadline set by Code Section 21-2-224 but the Georgia driver's license number, the identification card number of an identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or the last four digits of the social security number provided by the applicant cannot be verified, the applicant shall be notified that the number cannot be verified and that the applicant must provide sufficient evidence to the board of registrars to verify the applicant's identity in order to have his or her application processed by the board of registrars. (2) If the applicant provides such sufficient evidence on or before the date of a primary or election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the primary or election and any runoff resulting therefrom and subsequent primaries and elections. (3) If the applicant has not provided such sufficient evidence or such number has not otherwise been verified on or before the date of a primary or election, the applicant presenting himself or herself to vote shall be provided a provisional ballot. The provisional ballot shall be counted only if such number is verified by the end of the time period set forth in subsection (c) of Code Section 21-2-419 or if the applicant presents sufficient evidence to the board of registrars to verify the applicant's identity, by the end of the time period set forth in subsection (c) of Code Section 21-2-419. (4) The voter application shall be rejected if the Georgia driver's license number, identification card number of an identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or last four digits of the social security number provided by the applicant is not verified and the applicant fails to present sufficient evidence to the board of registrars to verify the applicant's identity within 26 months following the date of the application.

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(5) This subsection shall not apply to an electronic voter registration application submitted pursuant to Code Section 21-2-221.2."

SECTION 9. Said chapter is further amended by revising subsection (e) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, as follows:
"(e) The county board of registrars shall deliver to the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered not earlier than the fifth Monday prior to a primary or election and not later than 21 days prior to such primary or election for the purpose of permitting the municipality to check the accuracy of the list. The municipality shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, review such list and identify in writing to the county board of registrars any names on the electors list of persons who are not qualified to vote at such primary or election, stating the reason for disqualification. The county board of registrars shall challenge the persons identified in accordance with Code Section 21-2-228. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipality shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election."

SECTION 10. Said chapter is further amended by revising subsection (c) of Code Section 21-2-226, relating to duties of county board in determining eligibility of voters; maps of municipal boundaries, notice of ineligibility, issuance of registration cards, and reimbursement for postage cost, as follows:
"(c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries. Upon receiving any changes in municipal boundaries, the county board of registrars shall provide to the municipality a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality. Upon receiving the list of electors affected by changes in municipal boundaries, the municipality shall immediately review the information provided by the county registrars and advise the county registrars of any discrepancies."

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SECTION 11. Said chapter is further amended by revising subsection (d) of Code Section 21-2-233, relating to comparison of change of address information supplied by United States Postal Service with electors list, removal from list of electors, and notice to electors, as follows:
"(d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the State of Georgia, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors. "

SECTION 12. Said chapter is further amended by revising subsection (d) of Code Section 21-2-234, relating to electors who have failed to vote and with whom there has been no contact in three years, confirmation notice requirements and procedure, and time for completion of list maintenance activities, as follows:
"(d) If the elector returns the card and shows that he or she has changed residence to a place outside of the State of Georgia, the elector's name shall be removed from the appropriate list of electors. If the elector confirms his or her change of address to an address outside of the boundaries of the county or municipality in which the elector is currently registered, but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality. The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located, and the registrars of the county of the new address shall update the voter registration list to reflect the change of address."

SECTION 13. Said chapter is further amended by revising subsection (e) of Code Section 21-2-265, relating to duty of superintendent to select polling places, change, petition objecting to proposed change, space for political parties holding primaries, facilities for disabled voters, and selection of polling place outside precinct to better serve voters, as follows:
"(e) On and after January 1, 2018, the superintendent may establish the polling place for a precinct outside the boundaries of the precinct if there is no suitable facility within the precinct which could be used as a polling place and if, by so doing, such polling place would better serve the needs of the voters; provided, however, that no polling place shall be established outside of the boundaries of the precinct within 90 days of a primary or election, and the superintendent shall submit a report to the State Election Board to demonstrate that there is no suitable facility within the precinct prior to establishing the polling place outside the boundaries of the precinct."

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SECTION 14. Said chapter is further amended by revising Code Section 21-2-293, relating to correction of mistakes and omissions on ballot, as follows:
"21-2-293. (a) If the election superintendent discovers that a mistake or omission has occurred in the printing of official ballots or in the programming of the display of the official ballot on DRE voting equipment for any primary or election, the superintendent is authorized on his or her own motion to take such steps as necessary to correct such mistake or omission if the superintendent determines that such correction is feasible and practicable under the circumstances; provided, however, that the superintendent gives at least 24 hours notice to the Secretary of State and any affected candidates of the mistake or omission prior to making such correction. (b) When it is shown by affidavit that a mistake or omission has occurred in the printing of official ballots or in the programming of the display of the official ballot on DRE voting equipment for any primary or election, the superior court of the proper county may, upon the application of any elector of the county or municipality, require the superintendent to correct the mistake or omission or to show cause why he or she should not do so."

SECTION 15. Said chapter is further amended by revising Code Section 21-2-380.1, relating to appointment of absentee ballot clerk, as follows:
"21-2-380.1. The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar or any other designated official and who shall perform the duties set forth in this article."

SECTION 16. Said chapter is further amended by revising subparagraph (a)(1)(G) and paragraph (2) of subsection (b) of Code Section 21-2-381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application, as follows:
"(G) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board or any elector who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may request in writing on one application a ballot for a presidential preference primary held pursuant to Article 5 of this chapter and for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except

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as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for any special election or special primary." "(2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and then: (A) Shall mail the ballot as provided in this Code section; (B) If the application is made in person, shall issue the ballot to the elector to be voted on a direct recording electronic (DRE) voting system within the confines of the registrar's or absentee ballot clerk's office as required by Code Section 21-2-383 if the ballot is issued during the advance voting period established pursuant to subsection (d) of Code Section 21-2-385; or (C) May deliver the ballot in person to the elector if such elector is confined to a hospital."

SECTION 17. Said chapter is further amended by revising paragraph (1) of subsection (c) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, as follows:
"(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address, for voting purposes, is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

____________________ Elector's Residence Address

____________________ Year of Elector's Birth

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________________________ Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; and that such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________, _________.

________________________ Signature of Person Assisting Elector -- Relationship Reason for assistance (Check appropriate square): G Elector is unable to read the English language. G Elector requires assistance due to physical disability. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary, election, or runoff in which there is no federal candidate on the ballot. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568 or 21-2-573, shall be guilty of a felony."
SECTION 18. Said chapter is further amended by revising paragraph (1) of subsection (d) of Code Section 21-2-385, relating to procedure for voting by absentee ballot and advance voting, as follows:
"(d)(1) There shall be a period of advance voting that shall commence: (A) On the fourth Monday immediately prior to each primary or election; (B) On the fourth Monday immediately prior to a runoff from a general primary; (C) On the fourth Monday immediately prior to a runoff from a general election in which there are candidates for a federal office on the ballot in the runoff; and (D) As soon as possible prior to a runoff from any other general election in which there are only state or county candidates on the ballot in the runoff
and shall end on the Friday immediately prior to each primary, election, or runoff. Voting shall be conducted during normal business hours on weekdays during such period and shall be conducted on the second Saturday prior to a primary or election during the hours of 9:00 A.M. through 4:00 P.M.; provided, however, that in primaries and elections in which there are no federal or state candidates on the ballot, no Saturday voting hours shall be required; and provided, further, that, if such second Saturday is a public and legal

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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 or election. 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 19. Said chapter is further amended by revising subsections (a) and (c) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty, as follows:
"(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, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast:
(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." "(c)(1) No person shall conduct any exit poll or public opinion poll with voters within 25 feet of the exit of any building in which a polling place is established on any day in which ballots are being cast. (2) Except for credentialed poll watchers, poll workers, and law enforcement officers, poll managers may manage the number of persons allowed in the polling place to prevent confusion, congestion, and inconvenience to voters."

SECTION 20. Said chapter is further amended by revising subsection (a) of Code Section 21-2-418, relating to provisional ballots, as follows:
"(a) If a person presents himself or herself at a polling place, absentee polling place, or registration office in his or her county of residence in this state for the purpose of casting a ballot in a primary or election stating a good faith belief that he or she has timely registered to vote in such county of residence in such primary or election and the person's name does not appear on the list of registered electors, the person shall be entitled to cast

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a provisional ballot in his or her county of residence in this state as provided in this Code section."

SECTION 21. Said chapter is further amended by revising subsection (c) of Code Section 21-2-500, relating to delivery of voting materials, presentation to grand jury in certain cases, preservation and destruction, and destruction of unused ballots, as follows:
"(c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county registrar."

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2017.

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INSURANCE EXEMPT STANDALONE DENTAL PLANS FROM REQUIREMENT OF PRINTED DIRECTORIES FOR CERTAIN ENTITIES.

No. 251 (House Bill No. 262).

AN ACT

To amend Code Section 33-20C-5 of the Official Code of Georgia Annotated, relating to printed provider directories and accuracy, so as to exempt standalone dental plans from the requirement of printed directories for certain entities; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-20C-5 of the Official Code of Georgia Annotated, relating to printed provider directories and accuracy, is amended by adding a new subsection to read as follows:
"(c) Paragraphs (2) and (3) of subsection (a) of this Code section shall not apply to standalone dental plans."

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

Approved May 9, 2017.

__________

DOMESTIC RELATIONS STATE COMMISSION ON FAMILY VIOLENCE; TERMS AND QUALIFICATIONS OF MEMBERS; EXPENSES.

No. 252 (House Bill No. 303).

AN ACT

To amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to change provisions relating to

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the terms of commission members and members' qualifications to serve; to provide for expenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, is amended by revising Code Section 19-13-32, relating to membership, terms, filling of vacancies, and officers, as follows:
"19-13-32. (a) The State Commission on Family Violence shall consist of 37 members:
(1) Three ex officio members shall be the director of the Division of Family and Children Services of the Department of Human Services, the director of Women's Health Services in the Department of Public Health, and the Attorney General; (2) Three members shall be members of the House of Representatives and shall be appointed by the Speaker of the House of Representatives; (3) Three members shall be members of the Senate and shall be appointed by the President of the Senate; (4) The remaining members shall be appointed by the Governor as follows:
(A) One judge from each judicial administrative district; (B) Three advocates for victims of family violence, taking into account recommendations made by groups which have addressed the problem of family violence; (C) One person with expertise and interest regarding family violence involving persons who are 60 years of age or older; (D) One person with expertise and interest regarding family violence involving children; and (E) One representative from each of the following:
(i) The Administrative Office of the Courts; (ii) The Georgia Peace Officer Standards and Training Council; (iii) The Georgia Association of Chiefs of Police; (iv) The District Attorneys Association of Georgia; (v) The State Board of Pardons and Paroles; (vi) The Department of Community Supervision; (vii) The Georgia Sheriffs' Association; (viii) The Criminal Justice Coordinating Council; (ix) The Solicitors Association of Georgia; (x) The legal aid community; (xi) The academic community; (xii) A family violence intervention program, as such term is defined in Code Section 19-13-10; and

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(xiii) A former victim of family violence. (b) The Governor, Speaker of the House, and President of the Senate shall appoint individuals who are specially qualified to serve on the commission by reason of their experience and knowledge of family violence issues. (c) Members serving on July 1, 2017, and persons appointed to complete the unexpired terms of members serving shall complete the terms for which they were appointed. Thereafter, each member shall be appointed for a term of three years, and no member shall serve more than two consecutive terms unless he or she is serving in an ex officio capacity. The letter of appointment shall set out the term for which each member is appointed. Each member shall serve until the date his or her successor is appointed. A commission member shall be eligible to serve so long as he or she retains his or her status as the designation for which he or she was appointed, but a vacancy shall be created by operation of law when he or she no longer has such designation. All vacancies shall be filled by the appointing official for the unexpired term. Any member appointed to fill a vacancy may serve an additional two consecutive terms. (d) The commission shall elect a chairperson, vice chairperson, and a secretary from among its members for terms of three years, and any member shall be eligible for successive election to such office by the commission. (e) Legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. 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 they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or 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 or otherwise available to their respective departments."

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

Approved May 9, 2017.

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PUBLIC OFFICERS AND EMPLOYEES AUTHORIZE EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA TO OFFER ROTH CONTRIBUTION PROGRAM.

No. 253 (House Bill No. 312).

AN ACT

To amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to authorize the Board of Trustees of the Employees' Retirement System of Georgia to include a qualified Roth contribution program in state and local deferred compensation plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, is amended by revising Code Section 45-18-32, relating to administration of plans; participation by employees of county boards of health, school systems, Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters' Pension Fund, and provision in plans for income tax deferral benefits, as follows:
"45-18-32. (a) The Board of Trustees of the Employees' Retirement System of Georgia shall administer any deferred compensation plan provided for the employees of the state.
(b)(1) Employees of the county boards of health receiving financial assistance from the Department of Public Health may, with the approval of the Board of Trustees of the Employees' Retirement System of Georgia and the approval of such organizations, participate in the state plan. (2) Employees of county and independent school systems may, with the approval of the Board of Trustees of the Employees' Retirement System of Georgia and the approval of such systems, participate in the state plan. (3) Employees of the Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters' Pension Fund may, with the approval of the Board of Trustees of the Employees' Retirement System of Georgia and the approval of such organizations, participate in the state plan. (c)(1) The Board of Trustees of the Employees' Retirement System of Georgia shall investigate and approve a deferred compensation plan which gives the employees of the state income tax benefits in connection with plans authorized by the United States

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Internal Revenue Code, so that compensation deferred under such plan shall not be included for purposes of computation of any federal income tax withheld on behalf of any such employee or payable by such employee before any deferred payment date. All contributions to the deferred compensation plan shall also be exempt from state withholding tax as long as such contributions are not includable in gross income for federal income tax purposes. (2) Notwithstanding any conflicting provisions of paragraph (1) of this subsection, for any deferred compensation plan established pursuant to said paragraph, the Board of Trustees of the Employees' Retirement System of Georgia shall be authorized to include as an option for eligible employees a qualified Roth contribution program in accordance with Section 402A of the United States Internal Revenue Code. (d) The governing body of a city, county, or other political subdivision may appoint an administrator for all deferred compensation plans, whose duties shall include the administration of the plan and the investigation and approval of the plan or plans. All such plans shall provide tax deferral benefits for the respective employees in a manner similar to that of the plan for state employees and may provide as an option for eligible employees a qualified Roth contribution program in accordance with Section 402A of the United States Internal Revenue Code."

SECTION 2. This Act shall become effective on January 1, 2018.

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

Approved May 9, 2017.

__________

CRIMES AND OFFENSES PROHIBIT COUNTERFEIT, NONFUNCTIONAL, AND SIMILAR AIR BAGS.

No. 254 (House Bill No. 320).

AN ACT

To amend Article 7 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle sales and transfers, so as to prohibit certain persons from importing, manufacturing, selling, offering for sale, installing, or reinstalling counterfeit, nonfunctional, and such other types of air bags; to prohibit certain persons from selling, leasing, trading, or transferring motor vehicles with counterfeit, nonfunctional, and such other types of air bags;

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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 7 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle sales and transfers, is amended by revising Code Section 16-9-111, relating to installation or reinstallation of object in lieu of or other than an air bag, as follows:
"16-9-111. (a) As used in this Code section, the term:
(1) 'Air bag' means a device that is part of a motor vehicle inflatable occupant restraint system, and all component parts, that operate in the event of a collision and is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems. (2) 'Counterfeit air bag' means a replacement device that is part of a motor vehicle inflatable occupant restraint system, and any replacement component parts, that are intended to operate in the event of a collision, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems that bear, without authorization, a mark identical or substantially similar to the genuine mark of the manufacturer for the specific motor vehicle or a supplier of parts to the manufacturer of the specific motor vehicle. (3) 'Nonfunctional air bag' means a replacement device that is part of a motor vehicle inflatable occupant restraint system, and any replacement component parts, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems that:
(A) Has been deployed or damaged; (B) Has an electric fault that is detected by the vehicle's diagnostic system after the installation procedure is completed; or (C) Includes any object, including, but not limited to, a counterfeit air bag or repaired air bag, air bag component, or other component intended to deceive a vehicle owner or operator into believing that it is a functional air bag. (b) A person shall not knowingly and intentionally: (1) Import, manufacture, sell, offer for sale, install, or reinstall in a motor vehicle a counterfeit air bag, nonfunctional air bag, or other device intended to replace a motor vehicle inflatable occupant restraint system, or any component parts, that are intended to operate in the event of a collision, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems, that such person knows was not designed to comply with federal motor vehicle safety standards for the specific make, model, and year of such motor vehicle; or

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(2) Sell, offer for sale, install, or reinstall in a motor vehicle any device that causes such motor vehicle's diagnostic system to inaccurately indicate that such motor vehicle is equipped with a properly functioning air bag. (c) Any person who is convicted of violating this Code section shall be guilty of and punished as for a misdemeanor of a high and aggravated nature."

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

Approved May 9, 2017.

__________

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS WAR VETERANS HOME; REVISE DEFINITION OF WAR VETERAN.

No. 255 (House Bill No. 322).

AN ACT

To amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans home, so as to change the definition of the term "war veterans"; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans home, is amended by revising Code Section 38-4-50, relating to "war veterans" defined, as follows:
"38-4-50. As used in Code Sections 38-4-51 and 38-4-52, the term 'war veterans' means any veterans who were discharged under other than dishonorable conditions and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during the period beginning January 31, 1955, and ending on August 1, 1990."

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

Approved May 9, 2017.

__________

HIGHWAYS, BRIDGES, AND FERRIES MOTOR VEHICLES AND TRAFFIC MAXIMUM LENGTH AND LOAD OF VEHICLES; METHOD OF DETERMINING LOAD LIMITS FOR CERTAIN VEHICLES; REVISE FLEXAUTO LANES; CLARIFY MEANING OF CERTAIN SYMBOLS; PROVISION FOR APPROACHING AND ENTERING INTERSECTION WITH SIGNAL IN UNACTIVATED DARK MODE.

No. 256 (House Bill No. 328).

AN ACT

To amend Title 32 and Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to highways and uniform rules of the road, respectively, so as to provide for the maximum length and load of vehicles; to provide for methods for determining load limits for vehicles utilizing idle reduction technology; to revise provisions for FlexAuto lanes; to clarify the meaning of certain flashing signals; to provide for rules of the road when approaching or entering an intersection with a signal in unactivated dark mode; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, is amended in Code Section 32-6-24, relating to length of vehicles and loads, by revising subparagraph (b)(2)(C) as follows:
"(C) All other combinations of truck tractor-semitrailer or truck tractor-semitrailer-trailer operated on roads other than interstate or the NHS shall have an overall length that does not exceed 100 feet, unless signs are posted that indicate length restrictions. This maximum length shall include the federal allowance for automobile and boat transporter loads to overhang up to three feet over the front of the vehicle and overhang up to six feet over the rear of the vehicle."

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SECTION 2. Said title is further amended in Code Section 32-6-27, relating to enforcement of load limits, by revising paragraph (3) of subsection (a) as follows:
"(3) Any vehicle that utilizes idle reduction technology shall have any penalty for violating Code Section 32-6-26, except for subsections (f) and (h), calculated by reducing from the actual gross weight, single axle weight, tandem axle weight, or the allowed weight on any group of two or more axles the manufacturer's certified weight of the idle reducing technology or 550 pounds, whichever is less. The operator of the vehicle shall present written certification from the manufacturer specifying the weight of the idle reducing technology and demonstrate that the idle reducing technology is fully functional at all times when so requested by any law enforcement officer or employee of the Department of Public Safety."

SECTION 3. Said title is further amended by revising Code Section 32-9-4.1, relating to FlexAuto lanes, as follows:
"32-9-4.1. (a) As used in this Code section, the term 'FlexAuto lane' means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles during certain hours. (b) The department, with the approval of the board, is authorized to designate FlexAuto lanes on the state highway system for the purpose of improving traffic flow in and around areas with a history of traffic congestion. (c) Any FlexAuto lane shall be appropriately striped and marked and shall have signage appropriate to indicate its nature, as determined by the department. The department may incorporate emergency havens, emergency ramps, or emergency parking pads into the design and creation of FlexAuto lanes, as determined appropriate by the department. (d) The hours of usage of a FlexAuto lane shall be determined by the department. (e) It shall be unlawful for any person operating any motor vehicle to use a FlexAuto lane for purposes of travel other than emergency use outside the permitted hours of travel use, as determined and posted by the department. It shall be unlawful for any person operating any motor vehicle other than an automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of travel other than emergency use at any time. (f) Prior to implementing this Code section, the department shall, if necessary, seek to secure and implement any federal approvals, waivers, or other actions necessary or appropriate in order to implement this Code section without any loss or impairment of federal funding."

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SECTION 4. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by revising Code Section 40-6-23, relating to flashing red or yellow signals, as follows:
"40-6-23. Flashing signal indications shall have the following meanings:
(1) Flashing circular red (stop signal) -- When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; (2) Flashing circular yellow (caution signal) -- When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution."

SECTION 5. Said chapter is further amended in Code Section 40-6-70, relating to vehicles approaching or entering an intersection, by revising subsection (a) as follows:
"(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic-control devices from a highway that terminates at the intersection, the driver of that vehicle shall yield the right of way to the other vehicle, whether the latter vehicle be on such driver's right or left. When two vehicles approach or enter an intersection with a traffic light in unactivated dark mode, the driver of each vehicle shall be required to stop in the same manner as if a stop sign were facing in each direction at the intersection. Drivers shall not be required to stop if the traffic signal is properly signed as a pedestrian hybrid beacon or ramp meter and operating in the unactivated dark mode. When a flashing indication is given, the driver shall stop for the flashing red signal and exhibit caution while passing through a flashing yellow indication."

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

Approved May 9, 2017.

GEORGIA LAWS 2017 SESSION

723

COMMERCIAL CODE COURTS PROPERTY REVENUE AND TAXATION COMPREHENSIVE REVISION OF STATE TAX LIEN PROVISIONS.

No. 257 (House Bill No. 337).

AN ACT

To amend Titles 11, 15, 44, and 48 of the Official Code of Georgia Annotated, relating to the Uniform Commercial Code, clerks of superior courts, property, and revenue and taxation, respectively, so as to modernize provisions relating to the transmittal, filing, recording, access to, and territorial effect of tax liens issued by the Department of Revenue; to provide for definitions; to provide for modern technological advances in electronic record keeping relating to the filing and public access to state tax liens; to provide for certificates of clearance for state tax liens; to provide for duties and responsibilities of the Georgia Superior Court Clerks' Cooperative Authority; to provide a short title; to provide for related matters, to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "State Tax Execution Modernization Act."

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-56, relating to priority of liens for taxes, as follows:
"48-2-56. (a) Except as otherwise provided in this Code section, liens for all taxes due the state or any county or municipality in the state shall arise as of the time the taxes become due and unpaid and all tax liens shall cover all property in which the taxpayer has any interest from the date the lien arises until such taxes are paid. (b) Except as otherwise provided in this Code section, liens for taxes are superior to all other liens and shall be paid before any other debt, lien, or claim of any kind. Liens for taxes shall rank among themselves as follows:
(1) Taxes due the state; (2) Taxes due counties of the state; (3) Taxes due school and other special tax districts of the state; and (4) Taxes due municipal corporations of the state. (c) The lien for taxes imposed by Article 1 of Chapter 9 of this title, relating to motor fuel taxes, shall not have priority as against: (1) Any bona fide mortgagee, holder, or transferee of a deed to secure debt; or

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(2) Any pledgee, judgment creditor, or purchaser of or from persons liable for the tax imposed by Article 1 of Chapter 9 of this title where the rights of such mortgagee, holder, or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser have attached prior to the time the lien has been filed by the commissioner in the office of the clerk of superior court of the county in which the principal place of business is located. (d)(1) Liens for any ad valorem taxes shall cover the property of taxpayers liable to tax from the time fixed by law for valuation of the property in each year until such taxes are paid and shall cover the property of tax collectors or tax commissioners and their sureties from the time of giving bond until all the taxes for which they are responsible are paid. (2) The lien for any ad valorem tax shall not be superior to the title and operation of a security deed when the tax represents an assessment upon property of the taxpayer other than property specifically covered by the title and operation of the security deed. (3) When real property located within this state is transferred between the date on which any ad valorem tax lien on the property vests and the date on which the tax evidenced by the tax lien becomes due and payable, the ad valorem tax lien on the transferred property shall not extend to cover any other real property of the transferor. (e) The lien for taxes imposed by the provisions of Article 2 of Chapter 7 of this title, relating to certain income taxes, shall: (1) Arise and attach to all property of the taxpayer within the state as of the time a tax execution for these taxes is filed with the clerk of superior court of the county of the last known address of the taxpayer appearing on the records of the department at the time the state tax execution is filed; and (2) Not attach to the interest of a prior bona fide purchaser where a certificate of clearance is required and has been obtained or where a certificate of clearance is not required pursuant to Code Section 44-1-18, nor be superior to the lien of a prior recorded instrument securing a bona fide debt. (f) The lien for taxes imposed by the provisions of Article 5 of Chapter 7 of this title, relating to withholding taxes, shall: (1) Arise and attach to all property of the defaulting employer or other person required to deduct and withhold on the date of the assessment of the taxes by operation of law or by action of the commissioner; (2) Not attach to the interest of a prior bona fide purchaser where a certificate of clearance is required and has been obtained or where a certificate of clearance is not required pursuant to Code Section 44-1-18, nor be superior to the lien of a prior recorded instrument securing a bona fide debt; and (3) Not attach to the interest of a subsequent bona fide purchaser where a certificate of clearance is required and has been obtained or where a certificate of clearance is not required pursuant to Code Section 44-1-18, nor be superior to the lien of a lender for value recorded prior to the time the execution for the tax has been filed in the office of the clerk of superior court of the county of the last known address of the taxpayer appearing on the records of the department at the time the state tax execution is filed.

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(g)(1) The lien of a specific or occupation tax shall not be superior to the title and operation of a security deed recorded prior to the time the execution for the tax has been filed in the office of the clerk of superior court of the county of the last known address of the taxpayer appearing on the records of the department at the time the state tax execution is filed. (2) As used in this subsection, the term 'specific or occupation tax' means all state, county, and municipal taxes and all state licenses and fees except:
(A) The taxes imposed by Article 1 of Chapter 9 of this title; (B) Ad valorem taxes; (C) The taxes imposed by Article 2 of Chapter 7 of this title; and (D) The taxes imposed by Article 5 of Chapter 7 of this title. The term includes, but is not limited to, sales and use taxes, corporate net worth taxes, estate taxes, real estate transfer taxes, taxes on financial institutions, alcohol and tobacco taxes, road taxes on motor carriers, excise taxes, license fees, tax liabilities of corporate officers and business successors, and tax collections of a person who is a dealer under Chapter 8 of this title relating to sales and use taxation. (h) Liens for taxes existing prior to July 1, 1983, shall not be changed by this Code section. On and after July 1, 1983, this Code section shall govern the time of creation of all tax liens and the priority of all tax liens. (i) All executions, liens, releases, cancellations, or other related documents issued by the department to be filed with a superior court clerk shall be presented and filed electronically pursuant to Code Section 48-3-42 and the appropriate filing fees shall be paid by the department as provided in subsection (f) of Code Section 15-6-77."

SECTION 3. Said title is further amended by revising subsection (b) of Code Section 48-2-59, relating to appeals to the Georgia Tax Tribunal, as follows:
"(b) The taxpayer shall commence an appeal by filing a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the superior court within 30 days from the date of decision by the commissioner or at any time after the department records a state tax execution pursuant to Code Section 48-3-42."

SECTION 4. Said title is further amended by repealing Code Section 48-3-1, relating to the issuance of state tax executions and affidavit of illegality, and designating it as "Reserved."

SECTION 5. Said title is further amended by revising Code Section 48-3-21, relating to the statute of limitations for tax executions, as follows:

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"48-3-21. All county, municipal, or other tax executions, before or after legal transfer and record, shall be enforced within seven years from:
(1) The date of issue; or (2) The time of the last entry upon the tax execution by the officer authorized to execute and return the execution if the execution and entry are properly entered or reentered upon the execution docket or books in which executions issued on judgments and entries on executions issued on judgments are required to be entered or reentered."

SECTION 6. Said title is further amended by repealing Code Section 48-3-23, relating to nulla bona and tolling of the statute of limitations, and designating it as "Reserved."

SECTION 7. Said title is further amended by revising Code Section 48-3-28, relating to entry of satisfaction on the execution docket, as follows:
"48-3-28. An entry of satisfaction shall be made on the lien docket in the office of the clerk of superior court as soon as reasonably possible after a tax execution has been fully satisfied, except as otherwise provided in this chapter."

SECTION 8. Said title is further amended by repealing Code Section 48-3-29, relating to the publication of state tax execution information, and designating it as "Reserved."

SECTION 9. Said title is further amended by designating the current provisions as "Article 1" and adding a new article to read as follows:

"ARTICLE 2

48-3-40. (a) The purpose of this article is to provide a uniform state-wide system for filing notices of state tax executions issued by the commissioner that are in favor of or enforced by the department. (b) This article shall only be applicable to state tax executions and to the liens of state tax executions as against real and personal property which arise pursuant to Code Section 48-2-56 for tax liabilities administered by the department. (c) As used in this article, the term:
(1) 'Authority' shall mean the Georgia Superior Court Clerks' Cooperative Authority.

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(2) 'Certificate of clearance' shall mean a document issued by the department affirming that a proper search has been conducted by the department and has yielded no active liens associated with an individual or entity. (3) 'Delinquent taxpayer' means a person owing an unpaid tax liability that is collectable by the department. (4) 'Execution' shall mean either a state tax execution or a renewed state tax execution, as applicable. (5) 'Last known address of the delinquent taxpayer' means the address of the delinquent taxpayer appearing on the records of the department at the time the state tax execution is filed with the superior court clerk. (6) 'Renewed state tax execution' means any tax execution properly filed by the department prior to January 1, 2018, that is refiled upon implementation of this article. (7) 'State tax execution' means any execution issued by the department for the collection of any tax, fee, license, penalty, interest, or collection costs due the state. (8) 'URPERA' shall mean the Uniform Real Property Electronic Recording Act found at Code Section 44-2-35, et seq. (9) 'URPERA rules' shall mean the rules adopted by the Georgia Superior Court Clerks' Cooperative Authority pursuant to the Uniform Real Property Electronic Recording Act.

48-3-41. The department may issue an execution for the collection of any tax, fee, license, penalty, interest, or collection costs due the state once a lien has arisen pursuant to Code Section 48-2-56. An execution shall be a lien in favor of the department upon all property and right to property, whether real or personal, within the State of Georgia, belonging to the delinquent taxpayer named on the execution.

48-3-42. (a) On or after January 1, 2018, the execution shall be effective as provided by law when such execution is filed by the department with the appropriate superior court clerk. (b) All executions or writs of fieri facias issued by the department filed or recorded on the general execution docket or lien docket of any county shall be invalid as of December 31, 2017. Any such execution or writs of fieri facias which the department does not show as satisfied, issued in error, or otherwise withdrawn and which was last recorded or rerecorded on the general execution docket within seven years before January 1, 2018, may be renewed for a period of ten years upon the department's filing a renewed state tax execution with the clerk of superior court on or after January 1, 2018. For priority purposes, a filed renewed state tax execution shall retain its original date of filing on the general execution docket or lien docket. All renewed state tax execution documents shall reflect the original date of filing.

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(c) On or after January 1, 2018, any execution and any related releases, cancellations, or other documents submitted by the department for filing with the clerk of superior court shall be submitted for filing electronically. (d) An execution filed after January 1, 2018, pursuant to this Code section shall be a lien against and attach to all existing and after-acquired property of the delinquent taxpayer, both real and personal, tangible and intangible, located in any county and in all counties within the State of Georgia, with the same force and effect as any recorded judgment on the lien docket of the superior court clerk. (e) An execution electronically transmitted to the authority pursuant to this Code section shall be deemed filed and perfected upon its receipt by the authority for transmission to the applicable clerk of superior court. The authority shall provide to the department confirmation of receipt of an execution. Absent evidence of such confirmation there shall be no presumption of filing. Executions filed shall have priority as provided by law. (f) The lien of an execution filed pursuant to this Code section shall continue in effect until released by the department or until the execution has expired. (g) An execution filed after January 1, 2018, shall expire ten years from the date of filing and shall not be subject to renewal. Said expiration period shall be tolled and suspended for:
(1) The duration of an installment agreement between the taxpayer and the commissioner for any tax liabilities contained within an execution plus an additional 90 days; (2) If a timely proceeding in court for the imposition or collection of a tax is commenced, the duration of the period until the liability for the tax or a judgment against the taxpayer arising from such liability is satisfied or becomes unenforceable; (3) The duration of any enforcement action to collect the liability contained within an execution initiated prior to the expiration of the period of limitations and released after such period of limitations; (4) In a case under Title 11 of the United States Code, the running of the period of limitations provided in this Code section shall be suspended and tolled for the period during which the commissioner is prohibited from collecting any tax liability and six months thereafter; or (5) The period during which a taxpayer's offer-in-compromise is under consideration by the commissioner.

48-3-43. (a) The department shall maintain information on executions in its information management system in a form that permits information related to executions to be readily accessible in an electronic form via the Internet and available to the public. The following shall be available within such system at no charge to the public:
(1) Search by delinquent taxpayer name, execution number, last four digits of the taxpayer's social security number, or, when applicable, federal employee identification number;

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(2) Search by identification number assigned to the execution by the department; (3) The basis for an execution, including, but not limited to, the amount of the taxes, penalties, interest, and fees owed, and the tax periods and relevant assessment dates of the taxes owed; (4) The place, date, and time of the filing of the execution; (5) The status of the execution as defined in subsection (b) of this Code section; (6) The present balance of the execution; (7) Provision of official electronic copies of an execution; (8) Provision and issuance of official statements of lien pursuant to Code Section 44-1-18; (9) Provision and issuance of official certificates of clearance pursuant to Code Section 44-1-18. (10) Search by identification number assigned to certificates of clearance; and (11) Provision and issuance of official payoff information as to any execution pursuant to Code Section 44-1-18. (b) An execution shall hold one of the following official statuses on the department information system and such status shall be available, except as provided below, and on the electronic printable forms of state tax executions: (1) Active -- The execution is perfected and enforceable; (2) Withdrawn -- The execution was issued in error and is not enforceable. Within two business days from the date the department discovers an error in the filing of an execution, it shall change the status of the execution to withdrawn. Such execution shall be treated as though it was never filed; (3) Released -- The execution has been released or canceled and is no longer enforceable. Within 15 business days from the department's receipt of payment in full of an execution, the department shall change the status of the execution to released. The department may release an unpaid execution that the department determines is not legally or practically collectable; (4) Refiled -- If an execution is released in error, the department may file a new execution for any outstanding, finally determined tax liability to bear an active status as of the date of the new recording; and (5) Expired -- The execution has expired pursuant to Code Section 48-3-42 and is unenforceable. (c) The department shall provide to the authority such electronic linking data elements as may be required by the authority to link filed executions found in the authority's state-wide uniform automated information system for real and personal property records to the matching data related to the execution in the department's information management system. (d) The department's information management system as provided for in this Code section shall constitute a public record and the department shall redact information in accordance with Code Section 9-11-7.1.

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(e) The department's information management system as provided for in this Code section shall not be used for survey, marketing, or solicitation purposes. Survey, marketing, or solicitation purposes shall not include any action by the department or its authorized agents to collect a debt on an execution. The Attorney General is hereby authorized to bring an action at law or in equity to address the unlawful use of such information for a survey, marketing, or solicitation purpose and to recover the costs of such action, including reasonable attorney's fees. (f) The commissioner may adopt reasonable rules and regulations providing for the maintenance, reliability, accessibility, and use of the department's information management system. Such rules and regulations may address, among other matters, the authenticity of the electronic printable executions and issues related to periods during which the information system may be unavailable for use due to routine maintenance or other activities.

48-3-44. (a) An execution bearing a 'Released' status on the department's information management system shall constitute a complete release of the execution by the department and of the lien in the office of the clerk of superior court where the execution was filed. (b) A certificate of clearance issued by the department shall be deemed an effective release of an execution. The department shall provide to the delinquent taxpayer, within 30 days of the date of payment, a notice of the release of the execution and shall cause a release of the execution to be filed with the applicable superior court clerk."

SECTION 10. Title 11 of the Official Code of Georgia Annotated, relating to the Uniform Commercial Code, is amended by revising Code Section 11-9-333, relating to the priority of certain liens, as follows:
"11-9-333. (a) Year's support; property taxes; other state taxes; other taxes or judgments. Except as is expressly provided to the contrary elsewhere in this article and in subsection (b) of this Code section, a perfected security interest in collateral takes priority over each and all of the liens, claims, and rights described in Code Section 44-14-320, relating to the establishment of certain liens, as now or hereafter amended; former Code Section 53-7-91 as such existed on December 31, 1997, if applicable; and Code Section 53-7-40, relating to the priority of debts against the estate of a decedent, as now or hereafter amended; provided, nevertheless, that:
(1) Year's support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest; (2) A lien for property taxes duly assessed upon the subject collateral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest;

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(3) A lien for all state taxes takes priority over such security interest, except where such security interest is perfected by filing a financing statement relative thereto prior to such time as the execution for such state taxes shall be filed in the manner provided by law; provided, nevertheless, that, with respect to priority rights between such tax liens and security interests where under this article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to January 1, 1964; and (4) A lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction shall have the same priority with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest within the meaning of Code Section 11-9-322 or an encumbrance within the meaning of Code Section 11-9-334, which conflicting security interest was perfected by filing or which encumbrance arose at the time the tax lien or judgment was duly recorded in the place designated by statute applicable thereto. (b) Mechanics' liens on farm machinery. A mechanics' lien on farm machinery or equipment arising on or after July 1, 1985, shall have priority over any perfected security interest in such farm machinery or equipment unless a financing statement has been filed as provided in Code Section 11-9-501 and unless the financing statement describes the particular piece of farm machinery or equipment to which the perfected security interest applies. Such description may include the make, model, and serial number of the piece of farm machinery or equipment. However, such description shall be sufficient whether or not it is specific if it reasonably identifies what is described and a mistake in such description shall not invalidate the description if it provides a key to identifying the farm machinery or equipment."

SECTION 11. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by adding a new Code Section to read as follows:
15-6-97.3. (a) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall revise the state-wide uniform automated information system for real and personal property records as provided for in Code Section 15-6-97 to provide for the inclusion in such system functionality as provided in this Code section for state tax executions and renewed state tax executions electronically filed with clerks of superior court as provided for in Article 2 of Chapter 3 of Title 48. (b) As used in this Code section, the term 'state tax execution' shall be inclusive of the term 'renewed state tax execution.' (c) Effective January 1, 2018, the state-wide uniform automated information system for real and personal property records shall be revised to provide the following function and utility related to state tax executions:

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(1) Electronic query of the Georgia consolidated lien indexes for state tax execution instrument types by direct party name to include state-wide results of all state tax executions filed for such party regardless of any applied county limiting search filter; (2) Electronic query of the Georgia consolidated lien indexes for all lien types by direct party name to include state-wide results of all state tax executions filed for such party regardless of any applied county limiting search filter; (3) A secondary electronic query of the results returned by a search performed pursuant to paragraphs (1) and (2) of this subsection by the last four digits of a social security number or federal employer identification number which will render results of state tax executions associated with such number; (4) An electronic link from an index data record of a state tax execution found in the system to the Department of Revenue information management system to provide users access to detailed information, status, and clearance certificates from the department system. The Department of Revenue shall provide to the authority such electronic linking data elements as may be required by the authority to link filed executions found in the state-wide uniform automated information system for real and personal property records to the matching data on the execution in the Department of Revenue information management system; and (5) A searchable electronic filing submission docket or other means which allows a search by direct party name, as provided by the Department of Revenue, for state tax executions which have been submitted to the authority for filing with a clerk of superior court pending the inclusion of final index data for such execution into the Georgia consolidated lien indexes. Search features shall be available for an execution upon its receipt by the authority. (d) The Georgia Superior Court Clerks' Cooperative Authority shall have authority to promulgate rules and regulations necessary to develop and implement the provisions of this Code section."

SECTION 12. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new Code section to read as follows:
"44-1-18. (a) As used in this Code section, the term:
(1) 'Certificate of clearance' or 'certificate' shall mean a document issued by the department affirming that a proper search has been conducted by the department and has yielded no active liens associated with an individual or entity, as provided for in Article 2 of Chapter 3 of Title 48. (2) 'Current owner' means:
(A) The individual or entity vested with fee simple title to a parcel of real property; or (B) Where fee simple title to a parcel of real property has been vested by:
(i) A joint tenancy with survivorship rights, then the survivor of such joint tenancy;

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(ii) A deed in lieu of foreclosure, then the grantor of such deed; (iii) An order of a probate court providing for:
(I) An executor, administrator, and granting an order declaring no administration necessary, then the deceased subject party of such probate proceeding; or (II) A conservator, custodian, or guardian, then the ward subject party of such probate proceeding; (iv) A deed into a trustee of a trust in which the party to an execution is the trustor, then: (I) Where an execution attaches to the trustor prior to the trustor's conveyance to the trust, then the trustor; and (II) Where an execution attaches to the trustor after the trustor's conveyance to the trust, then the trustee of such trust in his or her capacity as trustee and the trust, which trust shall obtain a distinct federal employee identification number; (v) An order of a court providing: (I) Award of real property to a spouse in a divorce proceeding, then the spouse so awarded fee simple title to the property; (II) Award of real property in a quiet title action as provided in Code Section 23-3-40, et seq., and Code Section 23-3-60, et seq., then the successful petitioner of such action, provided proper service was effectuated upon the department; or (III) Award of real property in an action to partition the property; where the property is physically partitioned into separate parcels, then the party vested with title to each such partitioned parcel; and where the property is ordered sold and the proceeds of such sale partitioned, then to each party to the extent of their interest in said proceeds; (vi) The death of a life tenant, then the remaindermen of such life estate; (vii) The termination of an executory trust, then the vestees of such trust; (viii) The merger of entities wherein one or more of the entities is a party to an execution, then both the acquired and acquiring parties; or (ix) Voluntary deed to a condemnor for compensation as provided in Title 22, then the grantor in such deed. (3) 'Department' shall mean the Georgia Department of Revenue. (4) 'Execution' shall mean either a state tax execution or a renewed state tax execution as defined in Article 2 of Chapter 3 of Title 48. (5) 'Statement of lien' or 'statement' shall mean a document issued by the department: (A) Affirming that an active execution, as provided for in Article 2 of Chapter 3 of Title 48, is associated with the current owner; (B) Providing the identification reference number assigned to the execution by the department; and (C) Providing information to contact the department through the department's information management system for payoff information of such execution.

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(b) Prior to the conveyance of real property upon which a title is transferred, any holder of a fee simple interest in real property, licensed attorney at law, or title insurance company shall be entitled to, upon request from the department:
(1) A certificate of clearance; or (2) A statement of lien. (c) The department shall only require a certificate of clearance for the current owner of the property to be conveyed at the time of the conveyance, and shall not require a certificate of clearance as to any previous owners or title holders of such property. (d) Subject to the provisions of subsection (n) of this Code section, all executions against any party previously vested with title other than the current owner shall be of no force and effect as to the title of, and shall not be a lien against, any real property owned by the current owner. (e) All requests for a certificate of clearance made to the department shall: (1) Be in writing; (2) State the name, address, e-mail address, and telephone number of the requestor; (3) State whether the requestor is the owner of the real property, an attorney at law, or a title insurance company; (4) State the name of the current owner of the real property; (5) State an e-mail address to which the certificate or statement can be directed; and (6) Provide a certification that the information provided therein is true and correct to the best of the requestor's knowledge. (f) All requests shall be transmitted to the department by electronic means through the department's information management system or be delivered to the registered address of the department by certified mail, return receipt requested, or statutory overnight delivery. Any request transmitted by electronic means shall be considered received on the first business day following such transmission. (g) The information specified in the certificate of clearance shall be binding upon the department as of the date of the certificate and for 30 days thereafter, during which time the department shall not issue any new executions against the current owner designated in the certificate. (h) The department shall furnish a certificate of clearance or statement of lien, as applicable, to the requestor immediately upon request by electronic means through the department's information management system or, if not available through such system, to the e-mail address provided by the requestor within five business days of receipt of such request. (i) The failure of the department to provide a certificate or statement within such five-day period shall cause any lien against real property arising from any execution against the current owner to be extinguished and to be of no force and effect as to the title. Such failure by the department to provide a certificate or statement shall be evidenced by a recorded affidavit, signed by a licensed attorney at law, containing a statement that the request was made pursuant to this Code section and that a certificate has not been issued

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by the department and would not be found in the records of the department or otherwise, with a copy of the acknowledgment of receipt of the request attached thereto. (j) The certificate of clearance may be recorded in the superior court of the county where any real property owned by the current owner lies, and upon such recording shall be conclusive evidence that through that certain date 30 days after the date of the certificate no lien of the department attaches to the real property owned by the current owner referred to in such certificate. (k) A copy of the certificate of clearance shall be maintained in the department's information management system and shall be identified by an identification number assigned to the certificate by the department, with such identification number being required to be entered on the real estate transfer tax declaration form as required in Code Section 48-6-4. (l) If a statement of lien is issued and payoff information is acquired from the department pursuant to the reference information provided therein, such payoff information shall be binding upon the department as of the date such payoff information is received by any requesting party and for 30 days thereafter, during which time the department shall not issue any executions against the current owner designated in the statement, and upon payment in full of all sums due as set forth in any such payoff information:
(1) All liens of the department against the real property owned by the current owner in existence as of the date of the statement shall be extinguished and all executions encumbering such real property shall be cancelled. The department shall provide proof of receipt of such payoff to the party remitting such payoff funds, and such proof may be recorded in the superior court of the county where the real property lies, and upon such recording shall be conclusive evidence that through the date of the statement no lien of the department attaches to any real property owned by the current owner referred to in such statement; and (2) If one or more executions are for any reason not set forth on such statement or payoff information, as to such omitted execution, said payment shall cause any lien against any real property owned by the current owner arising from any such omitted execution to be extinguished and to be of no force and effect as to the title. (m) Any person who files a request in accordance with this Code section which request is fraudulent shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than 12 months or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. (n) Noncompliance with any provision of this Code section shall preserve an execution properly executed and filed as provided for in Article 2 of Chapter 3 of Title 48 on real property on the date of any conveyance of such property. (o) This Code section shall not apply to any conveyance listed below and the grantee of any such conveyance shall take title to the real property free and clear of any execution or lien created from such execution existing at the time of such conveyance:

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(1) A foreclosure of a mortgage or security deed, wherein such mortgage or security deed has priority over any execution; (2) A receiver or trustee in a bankruptcy proceeding; (3) A judicial order resulting from an action regarding condemnation, forfeiture, and judicial foreclosure, wherein the department was properly provided personal service of such action; (4) A tax sale performed by the Internal Revenue Service; (5) A year's support order by operation of law; or (6) A tax sale conducted by any sheriff, tax commissioner, or municipal levying officer in this state, provided that proper service was effectuated on the department in accordance with Code Section 48-4-45, and upon such conveyance all liens of the department against the real property owned by the current owner of such property as of the date of such conveyance shall be extinguished and all executions encumbering such real property shall be cancelled. (p) The certificate of clearance shall be signed by the state revenue commissioner, or authorized agent thereof, and shall contain certifications from the department regarding: (1) Identification of the current owner; (2) That upon statutory request by a proper party in accordance with this Code section, an examination of the department records was made by the department; (3) That upon such examination by the department, the current owner as shown in the certificate has no active liens associated with such party by an execution or lien arising therefrom; and (4) The certificate is given pursuant to this Code section. (q) The state revenue commissioner shall promulgate such rules and regulations not in conflict with this Code section as may be necessary and appropriate to implement and administer this Code section."

SECTION 13. Said title is further amended by revising Code Section 44-2-2, relating to the duties of clerks to record property transactions, as follows:
"44-2-2. (a)(1) The clerk of the superior court shall file, index on a computer program designed for such purpose, and permanently record, in the manner provided constructively in Code Sections 15-6-61 and 15-6-66, the following instruments conveying, transferring, encumbering, or affecting real estate and personal property: (A) Deeds; (B) Mortgages; (C) Liens as provided for by law; and (D) Maps or plats relating to real estate in the county; and (E) State tax executions and state tax execution renewals as provided for in Article 2 of Chapter 3 of Title 48.

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(2) As used in this subsection, the term 'liens' shall have the same meaning as provided in Code Sections 15-19-14, 44-14-320, and 44-14-602 and shall include all liens provided by state or federal statute. (3) When indexing liens, the clerk shall enter the names of debtors in the index in the manner provided for names of grantors conveying real estate in subsection (b) of Code Section 15-6-66 and the names of creditors or claimants in the manner as provided therein for names of grantees making such conveyances. When indexing state tax executions and state tax execution renewals as provided by subparagraph (a)(1)(E) of this Code section, the clerk shall enter the names of the taxpayers in the manner provided for names of grantors conveying real estate in subsection (b) of Code Section 15-6-66 and the name 'GEORGIA STATE DEPT OF REVENUE' in the manner as provided therein for names of grantees making such conveyances. For state tax executions, the clerk shall also:
(A) Index the last four characters of the taxpayer's social security number or the last four characters of the federal employer taxpayer number, as applicable to each taxpayer; (B) Index such state tax execution control number as provided by rule established by the Georgia Superior Court Clerks' Cooperative Authority; (C) Index using instrument types as provided by rule established by the Georgia Superior Court Clerks' Cooperative Authority; and (D) Transmit such data to the Georgia Superior Court Clerks' Cooperative Authority pursuant to the provisions of paragraph (15) of subsection (a) of Code Section 15-6-61. (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. (b) Deeds, mortgages, and liens of all kinds which are required by law to be recorded in the office of the clerk of superior court and which are against the interests of third parties who have acquired a transfer or lien binding the same property and who are acting in good faith and without notice shall take effect only from the time they are filed for record in the clerk's office. (c) Nothing in this Code section shall be construed to affect the validity or force of any deed, mortgage, judgment, or lien of any kind between the parties thereto."

SECTION 14. This Act shall become effective on January 1, 2018.

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

Approved May 9, 2017.

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REVENUE AND TAXATION REVISE PROVISIONS RELATING TO TAX EXECUTIONS; REPEAL FEE FOR ISSUING TAX EXECUTIONS.

No. 259 (House Bill No. 375).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to modify certain provisions relating to tax executions; to repeal the fee collected for issuing tax executions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-3-3, relating to executions by tax collectors and commissioners, as follows:
"48-3-3. (a) As used in this Code section, the term:
(1) 'New owner' means the most recent subsequent owner who has purchased such property during the year after January 1, but on or before the due date of that tax bill year and whose deed has been duly recorded in the records of the clerk of the superior court for that county. (2) 'Owner of record' means the owner whose name appears in the deed record as the owner as of January 1 of that tax bill year. (b) The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by the tax collector or tax commissioner at any time after 30 days have elapsed since giving notice as provided in subsection (c) of this Code section. The executions shall be directed to all and singular sheriffs and constables of this state. (c) As soon as the last day for the payment of taxes has arrived, the tax collector or tax commissioner shall notify in writing the taxpayer of the fact that the taxes have not been paid and that, unless paid, an execution shall be issued; provided, however, that notice shall not be required for taxes due on personal property and executions may be issued on the day next following the day when taxes are due. (d) No execution shall be issued against any person who is not the owner of record of the property on the day that the taxes become delinquent if, within 90 days from the due date, such person has provided satisfactory proof to the tax collector or tax commissioner that the property has been transferred by recorded deed and the liability for the payment of ad valorem taxes has been assigned to the vested transferee by written agreement or contract.

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In such cases, the execution shall be issued against the person who is the new owner of the property on the date that the taxes became delinquent only after such new owner has been sent a notice of the delinquent tax bill, and such notice shall state that the tax collector or tax commissioner intends to issue a tax execution in the new owner's name against such delinquent property if the bill and all applicable interest and other charges are not paid within 30 days of the date of the notice. Such notice shall be mailed by first-class mail to the address of record as shown on the real estate transfer tax declaration form in the records of the clerk of the superior court and to the address shown on the closing documents if presented or to the property location if the address differs from that shown on the real estate transfer tax declaration form. If an execution has already been issued against the owner of record, such execution shall be affirmatively cleared and vacated of record by the tax collector or tax commissioner upon receiving satisfactory proof as provided in this subsection.
(e)(1)(A) Whenever technologically feasible, the tax collector or tax commissioner, at the time tax bills or any subsequent delinquent notices are mailed, shall also mail such bills or notices to any new owner that at that time appear in the records of the county board of tax assessors. The bills or notices shall be mailed to the address of record as found in the county board of tax assessors' records.
(B)(i) In the discretion of the tax commissioner, a taxpayer shall have the option of receiving tax bills or subsequent delinquent notices via electronic transmission in lieu of, or in addition to, receiving a paper bill via first-class mail. The tax bill shall be transmitted to the taxpayer via e-mail, with delivery or read receipt requested, in portable document format using all e-mail addresses provided by the taxpayer, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail such tax bill or subsequent delinquent notice to the address of record as found in the county board of tax assessors' records. (ii) The commissioner shall develop and make available to tax commissioners a suitable form for use by taxpayers in exercising the option to receive tax bills or subsequent delinquent notices via electronic transmission. (2) A new owner shall not be required to pay the interest specified in Code Section 48-2-40, or the penalty specified in Code Section 48-2-44, until 60 days after the tax collector or tax commissioner has forwarded a tax bill to the new owner in accordance with paragraph (1) of this subsection. This paragraph shall apply only to the tax bill applicable to the year in which the property was purchased. (f) The real estate transfer tax declaration form shall provide for and indicate the correct tax map parcel identification number before being accepted by the clerk of the superior court for recordation."

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SECTION 2. Said title is further amended by repealing and reserving Code Section 48-5-163, relating to the fee for issuance of tax executions and the allowance of costs on executions.

SECTION 3. This Act shall become effective on July 1, 2017.

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

Approved May 9, 2017.

__________

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS STATE-WIDE SYSTEM
TO FACILITATE TRANSPORT AND DISTRIBUTION OF ESSENTIALS IN COMMERCE DURING STATE OF EMERGENCY.

No. 261 (House Bill No. 405).

AN ACT

To amend Part 1 of Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to require the Georgia Emergency Management and Homeland Security Agency to establish a state-wide system to facilitate the transport and distribution of essentials in commerce during a state of emergency declared by the Governor; to provide for a definition; to provide for the certification of organizations and business entities that would be engaged in such transportation and such distribution; to provide for privileges for employees and agents of such organizations and business entities; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Part 1 of Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, is amended by adding a new Code section to read as follows:
"38-3-58. (a) As used in this Code section, the term 'essentials' means goods that are consumed or used as a direct result of a state of emergency declared by the Governor or that are consumed or used to preserve, protect, or sustain life, health, safety, or economic well-being. (b) Notwithstanding Code Section 38-3-56, the Georgia Emergency Management and Homeland Security Agency shall establish a state-wide system to facilitate the transport and distribution of essentials in commerce during a state of emergency declared by the Governor for the purpose of meeting the needs of the residents of this state during such an emergency and to ensure the continuing economic resilience of communities impacted by such an emergency. (c) In conformance with subsection (b) of this Code section, such system shall provide for a certification of organizations and business entities that facilitate, or are likely to facilitate, the transport or distribution of essentials where such certification shall apply to all employees or agents of such organizations and business entities who, as designated by such organizations and business entities, are employed to facilitate the transport or distribution of essentials. In providing for such certification, the Georgia Emergency Management and Homeland Security Agency:
(1) May provide for a preemergency or postemergency certification; (2) May rely on information provided for by bona fide employers in this state about the jobs performed by their employees relating to essentials; (3) Shall create easily recognizable indicia of certification to assist the efforts of local officials in determining the employees and agents of such organizations and business entities which are certified pursuant to this Code section; and (4) May provide for an electronic certification process and an electronic distribution of the recognizable indicia of certification. (d) Except as provided for in this Code section, the Georgia Emergency Management and Homeland Security Agency shall not require any organization, business entity, or individual to obtain any additional certification or to fulfill any additional requirement to transport or distribute essentials in commerce during a state of emergency declared by the Governor. (e) Notwithstanding any established curfew, a designated employee or agent of an organization or business entity certified pursuant to this Code section may enter or remain in a curfew area beyond the restrictions of the curfew for the limited purpose of facilitating the transport or distribution of essentials. Nothing in this Code section shall be construed to prohibit the Georgia Emergency Management and Homeland Security Agency or local officials from specifying a permissible route of ingress or egress or from denying access

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to an area in order to preserve, protect, or sustain the life, health, safety, or economic well-being of a person or property or from granting access as otherwise deemed necessary.
(f)(1) The Georgia Emergency Management and Homeland Security Agency may suspend or revoke certification granted pursuant to this Code section as a result of any violation or abuse of this certification. If the suspension is based on a reported violation or abuse, the Georgia Emergency Management and Homeland Security Agency shall investigate the reported violation or abuse in a timely manner. (2) If the Georgia Emergency Management and Homeland Security Agency suspends or revokes a certification, such agency shall communicate the cause of the suspension or revocation to the certified organization or business entity as provided for in subsection (c) of this Code section. If the suspension is based on a reported violation, the Georgia Emergency Management and Homeland Security Agency shall investigate the reported violation in a timely manner to determine whether the reported violation occurred."

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

Approved May 9, 2017.

__________

MOTOR VEHICLES AND TRAFFIC DEPARTMENT OF REVENUE; STUDY ELIMINATION OF REVALIDATION DECALS; ELECTRONIC SUBMISSION OF CERTAIN DOCUMENTS; DENIAL OF APPLICATIONS FOR COMMERCIAL VEHICLE REGISTRATION UNDER INTERNATIONAL REGISTRATION PLAN IN CERTAIN INSTANCES.

No. 262 (House Bill No. 412).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require study by the Department of Revenue of elimination of issuance of revalidation decals for motor vehicle registration renewals; to provide for the electronic submission of certain documents relating to registration and certificate of title of certain vehicles to the department; to provide for the denial of applications for commercial vehicle registration under the International Registration Plan in certain instances; to reserve a duplicate Code section cross-reference; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Article 1 of Chapter 1, relating to general provisions relative to identification and regulation, by adding a new Code section to read as follows:
"40-1-9. The state revenue commissioner shall perform an analysis on the possible elimination of the revalidation decal requirement for motor vehicle registration renewals. Such analysis shall study the costs, benefits, and feasibility of such proposal and determine the time frame necessary for implementation by the department and county tag agents. The commissioner shall submit a report of such findings to the chairpersons of the House Committee on Public Safety and Homeland Security, the House Committee on Motor Vehicles, and the Senate Public Safety Committee no later than January 1, 2018. This Code section shall stand automatically repealed on January 1, 2020."

SECTION 2. Said title is further amended in Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on apportionment basis and waiver of penalties, by revising paragraph (1) of subsection (c) as follows:
"(c)(1) Applications for registration or renewal of registration under the International Registration Plan shall be submitted electronically during the applicable registration period specified in division (a)(1)(A)(ii) of Code Section 40-2-21."

SECTION 3. Said title is further amended by revising Code Section 40-2-88.1, relating to electronic filing system for registration of commercial vehicles, as follows:
"40-2-88.1. On and after January 1, 2018, the commissioner shall require any applicant for a commercial vehicle registration under the International Registration Plan to submit such application electronically. The commissioner shall adopt rules and regulations which provide for denial of an application, which shall include the denial of registration to applicants previously prohibited by any federal or state agency from operating interstate or intrastate."

SECTION 4. Said title is further amended by revising Code Section 40-2-158, relating to fee assessment to registrants, as follows:
"40-2-158. Reserved."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 5. Said title is further amended in Code Section 40-3-33, relating to transfer of vehicle to or from dealer and records to be kept by dealers, by adding a new subsection to read as follows:
"(d) On and after January 1, 2018, all applications for certificate of title by a motor vehicle dealer shall be submitted to the department electronically. The department may adopt rules and regulations to administer this subsection."

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

Approved May 9, 2017.

__________

CONSERVATION AND NATURAL RESOURCES EMINENT DOMAIN REGULATION AND PERMITTING OF PETROLEUM PIPELINES.

No. 263 (House Bill No. 413).

AN ACT

To amend Titles 12 and 22 of the Official Code of Georgia Annotated, relating to conservation and natural resources and eminent domain, respectively, so as to provide for the regulation and permitting of petroleum pipelines in this state; to provide for definitions; to provide for the issuance of certain permits by the director of the Environmental Protection Division of the Department of Natural Resources; to provide for appeals of the decision of the director; to require certain notices; to provide for the Board of Natural Resources to promulgate certain rules and regulations; to place conditions on the use of eminent domain for new construction and extension of petroleum pipelines; to provide for the issuance of certificates of public convenience and necessity by the commissioner of transportation under certain circumstances; to provide for appeals of the decision of the commissioner of transportation; to require certain notices; to provide for the Department of Transportation to promulgate certain rules and regulations; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding a new chapter to read as follows:

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"CHAPTER 17

12-17-1. As used in this chapter, the term:
(1) 'Board' means the Board of Natural Resources. (2) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (3) 'Division' means the Environmental Protection Division within the Department of Natural Resources. (4) 'Existing petroleum pipeline' means a petroleum pipeline constructed and in use prior to January 1, 2016. (5) 'Expansion' means a modification to an existing petroleum pipeline within the existing easement or right of way that increases the supply of petroleum by:
(A) Increasing the diameter of an existing petroleum pipeline; or (B) Constructing a parallel petroleum pipeline. (6) 'Extension' means a modification to an existing petroleum pipeline that increases the length or footprint of the existing petroleum pipeline by a distance greater than one linear mile. (7) 'Maintenance' means: (A) The care or upkeep of an existing petroleum pipeline and its appurtenances; (B) The replacement of an existing petroleum pipeline within the same easement or right of way; or (C) The relocation of an existing petroleum pipeline for repair within one linear mile of the existing petroleum pipeline's alignment. (8) 'New petroleum pipeline' means a petroleum pipeline that was not constructed and in use prior to January 1, 2016. The term 'new petroleum pipeline' shall not include an expansion, an extension, or any maintenance. (9) 'Parallel petroleum pipeline' means a petroleum pipeline that runs side by side to an existing petroleum pipeline. (10) 'Petroleum pipeline' means a fixed conduit constructed to transport petroleum or petroleum products in or through this state. (11) 'Petroleum 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 petroleum pipelines for the transportation of petroleum and petroleum products.

12-17-2. On or after July 1, 2017, any construction of a new petroleum pipeline or an extension in this state shall require a permit from the director as provided in this chapter. No construction activity on any portion of a new petroleum pipeline or any extension shall

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occur unless and until such permit is obtained. Such permit shall be required without regard to whether the petroleum pipeline company intends to exercise any power of eminent domain pursuant to Article 4 of Chapter 3 of Title 22 and shall be in addition to any other permits or authorization required under this title or any other provision of state or federal law.

12-17-3. (a) Any application to the division for a permit under this chapter shall contain, at a minimum, the following:
(1) Siting information, including, but not limited to, a map showing the proposed location of the route of the new petroleum pipeline or of the extension; (2) Information obtained from a cultural resource assessment conducted along the proposed route of the new petroleum pipeline or of the extension; (3) Information as to geological and hydrologic features along the proposed route of the new petroleum pipeline or of the extension; (4) Information on the presence of threatened and endangered species along the proposed route of the new petroleum pipeline or of the extension; (5) Environmental information described in 40 C.F.R. Sections 1502.12 through 1502.18 as such provisions existed on January 1, 2017, to the extent required by rules and regulations of the board; (6) Evidence of financial responsibility by the petroleum pipeline company; and (7) Any other information that the board may require by rules and regulations. (b) Within ten days of applying for a permit, the applicant shall provide: (1) Public notice in the legal organ of each county through which the proposed route of the new petroleum pipeline or of the extension is to be located; and (2) Written notice of the filing of an application under this Code section to all landowners whose property is located within 1,000 feet of the proposed route of the new petroleum pipeline or of the extension. Such notice shall be delivered to each landowner and contain the following language in boldface type:
'YOUR PROPERTY IS LOCATED WITHIN 1,000 FEET OF A PROPOSED PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A PERMIT HAS BEEN FILED PURSUANT TO CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. SAID CHAPTER ALONG WITH ARTICLE 4 OF CHAPTER 3 OF TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS.'

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12-17-4. (a) In making the decision as to whether to grant any permits required by this chapter, the director shall determine whether the portion of the petroleum pipeline for which the permit is sought is consistent with and not an undue hazard to the environment and natural resources of this state after consideration of the following factors:
(1) The information required to be contained in the petroleum pipeline company's application under Code Section 12-17-3; (2) The direct environmental impacts of the proposed new petroleum pipeline or the proposed extension; (3) Alternative alignments to the proposed new petroleum pipeline or the proposed extension; (4) Public comment; and (5) Such other factors that the director deems reasonable and applicable or that the board by rules and regulations has established in order to protect the best interests of this state, its citizens, and its natural resources. (b) The applicant shall bear the burden of proof to demonstrate that the director should issue a permit as provided under this chapter. (c) The director's decision shall be based on the record before the director, which shall include, but not be limited to, the applicant's submissions, written comments submitted to the director, and research the director may conduct in analyzing the application.

12-17-5. (a) As used in this Code section, the term 'aggrieved or adversely affected' means a challenged action has caused or will cause persons injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the provisions of this chapter that the director is empowered to administer and enforce. (b) Any person who is aggrieved or adversely affected by a decision or action of the director under this chapter shall, upon filing a petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the director, and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.

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12-17-6. (a) No later than July 1, 2018, the board shall, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' promulgate such rules and regulations as are necessary and reasonable for purposes of enforcement of this chapter, which shall include, but may not be limited to:
(1) The submission of a permit application and provisions for the application review process, not to exceed 150 days in length; (2) Provisions for a nonrefundable application fee which shall be sufficient to defray the administrative costs of review of the application by the division; (3) Reasonable public notice of the filing of permit applications to any landowner who, after reasonable efforts, cannot personally be given the notice required in subsection (b) of Code Section 12-17-3; (4) Provisions for public meetings to be held prior to any action on any permits; and (5) Evidence of financial responsibility as required by paragraph (6) of subsection (a) of Code Section 12-17-3. (b) No permit shall be granted by the division prior to the promulgation of rules and regulations as provided for in this Code section; provided, however, that once such rules and regulations have been promulgated and applications are accepted for filing, if any application is not approved or is denied within 150 days of the date such application is filed with the division under Code Section 12-17-3, the application shall be deemed to be approved by operation of law."

SECTION 2. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended in Chapter 3, relating to the exercise of power of eminent domain for special purposes, by repealing Article 4, relating to the construction, operation, etc., of petroleum pipelines, and enacting a new Article 4 to read as follows:

"ARTICLE 4

22-3-80. As used in this article, the term:
(1) 'Existing petroleum pipeline' shall have the same meaning as set forth in Code Section 12-17-1. (2) 'Expansion' shall have the same meaning as set forth in Code Section 12-17-1. (3) 'Extension' shall have the same meaning as set forth in Code Section 12-17-1. (4) 'Maintenance' shall have the same meaning as set forth in Code Section 12-17-1. (5) 'New petroleum pipeline' shall have the same meaning as set forth in Code Section 12-17-1. (6) 'Parallel petroleum pipeline' shall have the same meaning as set forth in Code Section 12-17-1.

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(7) 'Petroleum pipeline' shall have the same meaning as set forth in Code Section 12-17-1. (8) 'Petroleum pipeline company' shall have the same meaning as set forth in Code Section 12-17-1.

22-3-81. Subject to the provisions, conditions, and restrictions of this article, petroleum pipeline companies are granted the power to acquire property or interests in property by eminent domain for the purpose of an expansion, an extension, maintenance, or construction of a new petroleum pipeline.

22-3-82. (a) A petroleum pipeline company shall not exercise the power of eminent domain granted in Code Section 22-3-81 for the purpose of constructing a new petroleum pipeline or for an extension unless and until a certificate of public convenience and necessity is issued by the commissioner of transportation as provided in Code Section 22-3-83 and a permit is issued by the director of the Environmental Protection Division of the Department of Natural Resources as provided in Chapter 17 of Title 12. (b) No certificate of public convenience and necessity or permit as provided in Code Section 22-3-83 shall be required of a petroleum pipeline company that is:
(1) Not exercising the power of eminent domain to acquire property; or (2) Exercising the power of eminent domain for the purpose of maintenance or expansion.

22-3-83. (a) On or after July 1, 2017, a petroleum pipeline company desiring to use the power of eminent domain granted under this article to acquire property for a new petroleum pipeline or an extension shall be required to obtain a certificate of public convenience and necessity from the commissioner of transportation as provided in this Code section. (b) Any application for a certificate of public convenience and necessity shall contain, at a minimum:
(1) A description of the proposed project together with its siting information, including, but not limited to, a map showing the proposed location of the route of the new petroleum pipeline or of the proposed extension; (2) A description of the public convenience and necessity that support the proposed location of the route of the new petroleum pipeline or of the proposed extension; (3) The width of the proposed petroleum pipeline corridor up to a maximum width of one-third mile; (4) A showing that the use of the power of eminent domain may be necessary for construction of the new petroleum pipeline or for the proposed extension;

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(5) A showing that the public convenience and necessity for the petroleum pipeline justifies the use of the power of eminent domain; and (6) Any other information that the Department of Transportation may require by rules and regulations. (c) Within ten days of applying for a certificate of public convenience and necessity, the applicant shall provide: (1) Public notice in the legal organ of each county through which the proposed route of the new petroleum pipeline or of the extension is to be located; and (2) Written notice of the filing of an application under this Code section to all landowners whose property is located within the proposed route of the new petroleum pipeline or of the extension. Such notice shall be delivered to each landowner and contain the following language in boldface type:
'YOUR PROPERTY IS LOCATED WITHIN THE PROPOSED ROUTE OF A PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY HAS BEEN FILED PURSUANT TO ARTICLE 4 OF CHAPTER 3 OF TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. SAID ARTICLE ALONG WITH CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS.' (d)(1) In making a decision as to whether to grant a certificate of public convenience and necessity, the commissioner of transportation shall consider the following: (A) Whether existing petroleum pipelines or distribution systems are adequate to meet the reasonable public needs; (B) The volume of demand for such petroleum, and whether such demand and that reasonably to be anticipated in the future can support already existing petroleum pipelines and distribution systems, if any, and also the petroleum pipeline or distribution system proposed by the applicant; (C) The financial ability of the applicant to furnish adequate continuous service and to meet the financial obligations of the service which the applicant proposes to perform; (D) The adequacy of the supply of petroleum to serve the public; (E) The economic feasibility of the petroleum pipeline or distribution system and the propriety of the engineering and contracting fees, the expenses, and the financing charges and costs connected with the petroleum pipeline or distribution system; and

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(F) The effect on existing revenues and service of other petroleum pipelines or distribution systems, and particularly whether the granting of such certificate of public convenience and necessity will or may seriously impair existing public service. (2) This subsection shall not be construed as exhaustively describing all factors which the commissioner of transportation may consider in his or her decision to grant or deny a certificate of public convenience and necessity. (e) The applicant shall bear the burden of proof to demonstrate that the commissioner of transportation should issue a certificate of public convenience and necessity as provided under this Code section. The decision to issue or deny a certificate of public convenience and necessity shall be based on the record before the commissioner of transportation, which shall include, but not be limited to, the applicant's submissions, any documents submitted to the Department of Transportation pursuant to subsection (d) of this Code section, and research the commissioner of transportation may conduct in analyzing the application. (f) The issuance or denial of a certificate of public convenience and necessity 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 approval or 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. (g)(1) No later than July 1, 2018, the Department of Transportation shall, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' promulgate such rules and regulations as are necessary and reasonable for purposes of enforcement of this Code section, which shall include, but may not be limited to: (A) The submission of an application for a certificate of public convenience and necessity and provisions for the application review process, not to exceed 120 days in length; (B) Provisions for a nonrefundable application fee which shall be sufficient to defray the administrative costs of review of the application by the Department of Transportation; (C) Reasonable public notice of the filing of an application for a certificate of public convenience and necessity to a landowner who, after reasonable efforts, cannot personally be given the notice required in subsection (c) of this Code section; and (D) Provisions for public meetings to be held prior to any action on any certificates of public convenience and necessity. (2) No certificate of public convenience and necessity shall be granted by the commissioner of transportation prior to the promulgation of rules and regulations as provided for in this subsection; provided, however, that once such rules and regulations have been promulgated and applications are accepted for filing, if any application is not approved or is denied within 120 days of the date such application is filed with the Department of Transportation under this Code section, the application shall be deemed to be approved by operation of law.

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22-3-84. Prior to initiating eminent domain proceedings or threatening to do so, the petroleum 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:
'CHAPTER 17 OF TITLE 12 AND ARTICLE 4 OF CHAPTER 3 OF TITLE 22 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 PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE COMPANY.'

22-3-85. When a petroleum pipeline company that has met all the requirements of this article is unable to acquire the property or interest required for the purpose of an expansion, an extension, maintenance, or construction of a new petroleum pipeline, after reasonable negotiation with the owner of such property or interest, the petroleum pipeline company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title."

SECTION 3. For purposes of proposing rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2017.

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

Approved May 9, 2017.

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LOCAL GOVERNMENT DOWNTOWN DEVELOPMENT AUTHORITIES; AUTHORIZE CERTAIN ASSESSMENTS.

No. 264 (House Bill No. 428).

AN ACT

To amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to authorize assessments under Code Section 36-42-17; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, is amended by revising Code Section 36-42-17, relating to priority of liens regarding assessments for downtown development authorities, as follows:
"36-42-17. (a) An assessment under Code Section 36-42-16 that relates to any project described in subparagraph (B) of paragraph (6) of Code Section 36-42-3 shall be levied and may be collected when:
(1) A written contract regarding such assessment is executed by the property owner, the authority, and the project administrator; (2) Such contract is administratively acknowledged by the relevant local jurisdiction with the taxing authority; and (3) A notice of assessment is recorded in the property records of the relevant local jurisdiction. (b) A lien for any assessment under Code Section 36-42-16 that relates to any project under subparagraph (B) of paragraph (6) of Code Section 36-42-3 shall have the same priority as municipal liens under paragraph (4) of subsection (b) and subparagraph (g)(2)(B) of Code Section 48-2-56."

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

Approved May 9, 2017.

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EMINENT DOMAIN PROHIBITION ON CONVERTING CONDEMNED PROPERTY TO NONPUBLIC USES; EXCEPTION.

No. 265 (House Bill No. 434).

AN ACT

To amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions relative to eminent domain, so as to provide for an exception to the requirement that condemnations not be converted to any use other than a public use for 20 years from the initial condemnation; to provide for definitions; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions relative to eminent domain, is amended by revising Code Section 22-1-2, relating to nature of right of eminent domain, as follows:
"22-1-2. (a) The right of eminent domain is the right of this state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of this state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and hold any part of the territory of this state for the common safety. Notwithstanding any other provisions of law, except as provided in Code Section 22-1-15, neither this state nor any political subdivision thereof nor any other condemning authority shall use eminent domain unless it is for public use. Public use is a matter of law to be determined by the court and the condemnor bears the burden of proof. (b) Except as provided in Code Section 22-1-15, no condemnation shall be converted to any use other than a public use for 20 years from the initial condemnation.
(c)(1) Except as provided in Code Section 22-1-15, if property acquired through the power of eminent domain from an owner fails to be put to a public use within five years, the former property owner may apply to the condemnor or its successor or assign for reconveyance or quitclaim of the property to the former property owner or for additional compensation for such property. For purposes of this subsection, property shall be considered to have been put to a public use at the point in time when substantial good faith effort has been expended on a project to put the property to public use, notwithstanding the fact that the project may not have been completed. The application

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shall be in writing, and the condemnor or its successor or assign shall act on the application within 60 days by:
(A) Executing a reconveyance or quitclaim of the property upon receipt of compensation not to exceed the amount of the compensation paid by the condemnor at the time of acquisition; or (B) Paying additional compensation to the former owner of the property, such compensation to be calculated by subtracting the price paid by the condemnor for the property at the time of acquisition from the fair market value of the property at the time the application is filed. (2) If the condemnor fails to take either action within 60 days, the former property owner may, within the next 90 days following, initiate an action in the superior court in the county in which the property is located to reacquire the property or receive additional compensation. (3) The condemnor shall provide notice to each former owner of the property prior to acquisition if the condemnor fails to put such property to a public use within five years. The condemnee shall have one year from the date notice is received to bring an application under this subsection. (d) When property is acquired from more than one owner for the same public use and reconveyance or additional compensation to a single owner is impracticable, any party to the original condemnation or each person with a legal claim in such condemnation may file an action in the superior court in the county in which the property is located for an equitable resolution. (e) This Code section shall not apply to condemnations subject to Code Section 22-3-162 or Title 32."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"22-1-15. (a) As used in this Code section, the term:
(1) 'Condemnor' means a county, municipality, or consolidated government of this state. (2) 'Economic development' means any economic activity to increase tax revenue, tax base, or employment or improve general economic health, when the activity does not result in:
(A) Transfer of land to public ownership; (B) Transfer of property to a private entity that is a public utility; or (C) Lease of property to private entities that occupy an incidental area within a public project. (3) 'Public use' means the remedy of blight when economic development is a secondary or ancillary public benefit of condemnation. (b) A condemnor seeking to condemn property for public use under this Code section shall first petition the superior court of the county having jurisdiction for a judgment in rem

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against such property seeking a determination as to whether the property complained of in the petition is blighted property. (c) The petition described in subsection (b) of this Code section shall set forth:
(1) The facts showing the right to condemn; (2) The property or interest to be taken; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) A description of the appearance of the property and any structures thereon; (6) Such other facts as are necessary for a full understanding of the cause; (7) A statement setting forth the need of the court to review the evidence and determine whether such property meets the definition of blight; (8) A prayer for an order to be issued by the court as may be proper and desired; and (9) Whether any of the persons referred to in this subsection are minors or disabled. (d)(1) Upon presentation of the petition set forth in subsection (c) of this Code section, the court shall issue an order requiring all parties of interest to appear at a time and place named in the order and make known their objections if any as to the question of whether the property shall be deemed blighted. (2) The date of the hearing shall be no less than 30 days from the date such petition is filed. (3) The order described in paragraph (1) of this subsection shall give directions for providing notice of the hearing and the service of such notices. (4) It shall not be necessary to attach any other process to the petition except the order referred to in paragraph (1) of this subsection, and the cause shall proceed as in rem. (e) All persons entitled to notice under the facts stated in the petition shall be personally served with a copy of the petition and order issued pursuant to subsection (d) of this Code section as in other causes at law, unless such service is waived in writing. All other service shall be made by the method as provided in Part 2 of Article 1 of Chapter 2 of this title, and all persons so served shall be deemed parties to the cause. (f) In any cases where it seems to the court to be in the interest of justice and of more effective notice to cause additional notice or service to be given, it shall be within the court's discretion to so order. In such cases, such additional notice and service shall be made as ordered before the cause proceeds to final hearing. In cases where any taxes are alleged to be due or unpaid, the order shall direct that a separate notice to that effect be given the proper tax collector or tax commissioner. (g) On the day named in the order made pursuant to subsection (d) of this Code section, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as is appropriate based on the evidence as to whether or not the property shall be deemed blighted.

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(h) Any property deemed blighted shall be described in the order adjudging such determination and contain a statement of the then current approved land use of the property, or in the case of vacant property, the last lawful use for which the property was occupied, and such property's future use shall be restricted to the same land use as stated in the order for a period of five years from the date of the order. (i) A condemnor which has obtained an order under subsection (h) of this Code section declaring a property to be blighted shall within 60 days from such order, or in the event of an appeal, 60 days from the date when the remittitur of the appellate court is made the judgment of the court, file an action to condemn the property pursuant to the procedures set forth in Article 3 of Chapter 2 of this title. When a condemnor proceeds as set forth in Article 3 of Chapter 2 of this title, it shall attach a copy of the order issued under subsection (h) of this Code section."

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

Approved May 9, 2017.

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MOTOR VEHICLES AND TRAFFIC EXCEPTION TO FOLLOWING TOO CLOSELY PROHIBITION.

No. 267 (House Bill No. 472).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for an exception for following requirements for non-leading vehicles following in a coordinated platoon; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-6-49, relating to following too closely, by adding a new subsection to read as follows:
"(e) This Code section shall not apply to the operator of any non-leading vehicle traveling in a coordinated platoon. For purposes of this subsection, the term 'coordinated platoon'

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means a group of motor vehicles traveling in the same lane utilizing vehicle-to-vehicle communication technology to automatically coordinate the movement of such vehicles."

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

Approved May 9, 2017.

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AVIATION UNMANNED AIRCRAFT SYSTEMS; PREEMPTION.

No. 268 (House Bill No. 481).

AN ACT

To amend Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions regarding aviation, so as to provide for preemption for unmanned aircraft systems; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions regarding aviation, is amended by adding a new Code section to read as follows:
"6-1-4. (a)(1) As used in this Code section, the term 'unmanned aircraft system' means a powered, aerial vehicle that: (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (B) Uses aerodynamic forces to provide vehicle lift; (C) Can fly autonomously or be piloted remotely; and (D) Can be expendable or recoverable. (2) Such term shall not include a satellite.
(b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state regulating the testing or operation of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no force and effect; provided, however, that a county, municipality, or other political subdivision of this state may:

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(1) Enforce any ordinance that was adopted on or before April 1, 2017; (2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or (3) Adopt an ordinance that provides for or prohibits the launch or intentional landing of an unmanned aircraft system from or on its public property except with respect to the operation of an unmanned aircraft system for commercial purposes. (c) The state, through agency or departmental rules and regulations, may provide for or prohibit the launch or intentional landing of an unmanned aircraft system from or on its public property."

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

Approved May 9, 2017.

__________

ALCOHOLIC BEVERAGES REPEAL CERTAIN PROVISION RELATING TO POPULATION AND MEASUREMENT OF CERTAIN DISTANCES.

No. 269 (House Bill No. 510).

AN ACT

To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to repeal certain provisions relating to population and the measurement of certain distances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, is amended by repealing and reserving subsection (d) of Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites.

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

Approved May 9, 2017.

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HIGHWAYS, BRIDGES, AND FERRIES STATE ROAD AND TOLLWAY AUTHORITY; POWERS; REPORTS; MANNER OF CONTRACTING; DESIGNATION OF CERTAIN MONEY AS TRUST FUNDS; CONFIRMATION AND VALIDATION OF REVENUE BONDS.

No. 270 (Senate Bill No. 183).

AN ACT

To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to provide for definitions; to provide for powers of the authority; to provide for submission of an annual report on toll collections to the General Assembly; to provide for letting of contracts by competitive bids; to revise provisions relating to designation of moneys as trust funds; to provide for confirmation and validation of revenue bonds; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended in Code Section 32-10-60, relating to definitions, by revising paragraphs (5), (6.1), and (8) as follows:
"(5) 'Project' means land public transportation systems, including: (A) one or more roads or bridges or a system of roads, bridges, and tunnels or improvements thereto included on an approved state-wide transportation improvement program on the Developmental Highway System as set forth in Code Section 32-4-22, as now or hereafter amended, or a comprehensive transportation plan pursuant to Code Section 32-2-3 or which are toll access roads, bridges, or tunnels, with access limited or unlimited as determined by the authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; (B) any program for mass transportation or mass transportation facilities as approved by the authority and the department and such

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buildings, structures, parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities; and (C) any project undertaken pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78." "(6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, any other moneys of the authority pledged for such purpose, any other moneys received by the authority pursuant to the Georgia Transportation Infrastructure Bank, and any moneys received pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78." "(8) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects or from any other revenues available to the authority, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, or any county or municipality or from disbursements from any person, firm, corporation, limited liability company, or other type of entity shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects."

SECTION 2. Said article is further amended in Code Section 32-10-63, relating to general powers of the authority, by revising paragraphs (5), (8), and (14) as follows:
"(5) To make such contracts, leases, or conveyances as the legitimate and necessary purposes of this article shall require, including but not limited to contracts for construction or maintenance of projects, provided that the authority shall consider the possible economic, social, and environmental effects of each project, and the authority shall assure that possible adverse economic, social, and environmental effects relating to any proposed project have been fully considered in developing such project and that the final decision on the project is made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and the cost of eliminating or minimizing adverse economic, social, and environmental effects. Furthermore, in order to assure that adequate consideration is given to economic, social, and environmental effects of any tollway project under consideration, the authority shall:
(A) Follow the processes required for federal-aid highway projects, as determined by the National Environmental Policy Act of 1969, as amended, except that final approval of the adequacy of such consideration shall rest with the Governor, as provided in subparagraph (C) of this paragraph, acting as the chief executive of the state, upon

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recommendation of the commissioner, acting as chief administrative officer of the Department of Transportation; (B) In the location and design of any project, avoid the taking of or disruption of existing public parkland or public recreation areas unless there are no prudent or feasible project location alternates. The determination of prudency and feasibility shall be the responsibility of the authority as part of the consideration of the overall public interest; (C) Not approve and proceed with acquisition of rights of way and construction of a project until: (i) there has been held, or there has been offered an opportunity to hold, a public hearing or public hearings on such project in compliance with requirements of the Federal-aid Highway Act of 1970, as amended, except that neither acquisition of right of way nor construction shall be required to cease on any federal-aid project which has received federal approval pursuant to the National Environmental Policy Act of 1969, as amended, and is subsequently determined to be eligible for construction as an authority project utilizing, in whole or in part, a mix of federal funds and authority funds; and (ii) the adequacy of environmental considerations has been approved by the Governor, for which said approval of the environmental considerations may come in the form of the Governor's acceptance of a federally approved environmental document; and (D) Let by public competitive bid upon plans and specifications approved by the chief engineer or his or her successors all contracts for the construction of projects, except as otherwise provided for projects authorized under any provisions of Code Sections 32-2-78 through 32-2-81;" "(8)(A) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable from revenues of such projects, and to provide for the payment of the same and for the rights of the holders thereof; and (B) To enter into credit enhancement or liquidity agreements with any person, firm, corporation, limited liability company, or other type of entity for the planning, design, construction, acquisition of land for, financing, refinancing, operating, maintaining, or carrying out of any project. Such credit enhancement or liquidity agreements may be secured by the authority's loan agreements, deeds to secure debt, security agreements, contracts, or other instruments or funds derived from tolls, fees, or other charges, upon such terms and conditions as the authority shall determine reasonable, including provision for the establishment and maintenance of reserves and insurance funds, provided that the obligation of the authority under any such agreements shall not be general obligation of the authority, but shall be a limited obligation of the authority payable from a specific source of funds identified for such purpose. Any such agreements may further include provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable;"

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"(14)(A) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including but not limited to real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure such bonds; and (B) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by deed to secure debt, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, with any such instrument terminating when the bonds for the project are retired, in order to secure repayment under a credit enhancement or liquidity agreement and taking into consideration the public benefit to be derived from such transfer; and"

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"32-10-65.2. The authority shall submit an annual report to the House Committee on Transportation and the Senate Transportation Committee detailing the amount of funds collected pursuant to the exercise of the authority's toll powers and how such funds have been used or disposed of by the authority."

SECTION 4. Said article is further amended by revising Code Section 32-10-68, relating to letting of contracts by competitive bid, as follows:
"32-10-68. All contracts of the authority for the construction of any project authorized by this article shall be let to the reliable bidder submitting the lowest sealed bid upon plans and specifications approved by the department, except as otherwise provided for projects authorized under any provisions of Code Sections 32-2-78 through 32-2-81. The procedures for letting such bids shall conform to those prescribed for the department in Code Sections 32-2-64 through 32-2-72 and 32-2-78 through 32-2-81."

SECTION 5. Said article is further amended by revising Code Section 32-10-73, relating to designation of moneys received pursuant to article as trust funds, as follows:
"32-10-73. All moneys received pursuant to the authority of this article, whether as proceeds from the sale of revenue bonds or as revenues, tolls, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this article. The bondholders paying or entitled to receive the benefits of such bonds shall have a lien on all such funds until applied as

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provided for in any resolution or trust indenture of the authority, provided that revenue bonds issued for the use and benefit of a person, firm, corporation, limited liability company, or other type of private entity shall be a limited obligation of the authority and in the event of default, the remedies of the bondholders shall be limited to the funds identified in the resolution or trust indenture and not the funds held by the authority as trust funds or otherwise."

SECTION 6. Said article is further amended by revising Code Section 32-10-107, relating to confirmation and validation of revenue bonds, as follows:
"32-10-107. Bonds of the authority shall be confirmed and validated in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law.' The petition for validation shall also make any person, firm, corporation, limited liability company, or other type of private entity a party defendant to such action, if such person, firm, corporation, limited liability company, or other type of private entity has or will contract with the authority with respect to the project for which revenue bonds are to be issued and are sought to be validated. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds and against the authority and against all other persons or entities, regardless of whether such persons or entities were parties to such validation proceedings."

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

Approved May 9, 2017.

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FOOD, DRUGS, AND COSMETICS HEALTH REVISE PROVISIONS TO PROMOTE HEALTHY PREGNANCIES.

No. 271 (Senate Bill No. 193).

AN ACT

To amend Code Section 26-4-80 and Title 31 of the Official Code of Georgia Annotated, relating to prescription drug orders and health, respectively, so as to revise provisions to promote healthy pregnancies; to revise the program mission and practice of the Positive Alternatives for Pregnancy and Parenting Grant Program; to repeal legislative authority; to

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remove certain references to medically indigent women; to revise certain definitions; to remove the Positive Alternatives for Pregnancy and Parenting Grant Program from the Indigent Care Trust Fund; to provide for expedited partner therapy for patients with chlamydia or gonorrhea; to provide for definitions; to revise provisions relating to dispensing prescription drugs; to provide for immunity; to provide for rules and regulations; 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.

The General Assembly finds that: (1) Untreated chlamydial infection has been linked to problems during pregnancy, including preterm labor, premature rupture of membranes, and low birth weight. The newborn may also become infected during delivery as the baby passes through the birth canal. Exposed newborns can develop eye and lung infections; and (2) Untreated gonococcal infection in pregnancy has been linked to miscarriages, premature birth and low birth weight, premature rupture of membranes, and chorioamnionitis. Gonorrhea can also infect an infant during delivery as the infant passes through the birth canal. If untreated, infants can develop eye infections.

PART II SECTION 2-1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by repealing Code Section 31-2A-30, relating to legislative authority for the Positive Alternatives for Pregnancy and Parenting Grant Program, and designating said Code section as reserved.

SECTION 2-2. Said title is further amended in Code Section 31-2A-31, relating to definitions, by revising paragraphs (3), (5), and (8) as follows:
"(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 promote alternatives to abortion services at no cost." "(5) Reserved." "(8) Reserved."

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SECTION 2-3. Said title is further amended by revising Code Section 31-2A-32, relating to the Positive Alternatives for Pregnancy and Parenting Grant Program, as follows:
"31-2A-32. There is established within the department the Positive Alternatives for Pregnancy and Parenting Grant Program. The purpose of the program shall be to develop a state-wide effort that promotes healthy pregnancies and childbirth by awarding grants to nonprofit organizations that provide pregnancy support services."

SECTION 2-4. Said title is further amended in Code Section 31-2A-33, relating to administration and duties, by revising subsection (b) as follows:
"(b) The contract management agency selected by the department shall meet the definition of a contract management agency as defined in paragraph (3) of Code Section 31-2A-31 and shall:
(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."

SECTION 2-5. Said title is further amended by revising Code Section 31-2A-35, relating to grants, as follows:
"31-2A-35. (a) Grants shall be awarded annually on a competitive basis to direct client service providers who display competent experience in providing any of 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 any or all pregnancy support services at the discretion of the service provider 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

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promote or be otherwise expended for political or religious purposes, including, but not limited to, counseling or written material. Nothing in this article shall be construed to prohibit any direct client service provider from promoting or expending nongrant funds for a political or religious purpose."

SECTION 2-6. Said title is further amended by revising Code Section 31-8-154, relating to authorized expenditure of contributed funds from the Indigent Care Trust Fund, 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; or (4) Any combination of purposes specified in paragraphs (1) through (3) of this Code section."

SECTION 2-7. Said title is further amended in Code Section 31-8-156, relating to appropriation of state funds by the 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 (4) of Code Section 31-8-154, for which the trust funds are appropriated thereby."

PART III SECTION 3-1.

Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to prescription drug orders, is amended by revising paragraph (2) of subsection (c) as follows:
"(2) Prescription drug orders transmitted by facsimile or computer shall include: (A) In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner; (B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner; (C) The telephone number of the practitioner for verbal confirmation; (D) The name and address of the patient, unless the prescription drug order is prescribed pursuant to expedited partner therapy in accordance with Code Section 31-17-7.1 for use by a sexual partner of a patient clinically diagnosed with

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chlamydia or gonorrhea, in which case, the name and address of such sexual partner of the patient; (E) The time and date of the transmission; (F) The full name of the person transmitting the order; and (G) The signature of the practitioner in a manner as defined in regulations promulgated by the board or, in the case of a controlled substances prescription, in accordance with 21 C.F.R. 1301.22;"

SECTION 3-2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Chapter 17, relating to control of venereal disease, by adding a new Code section to read as follows:
"31-17-7.1. (a) As used in this Code section, the term:
(1) 'Expedited partner therapy' means the practice of prescribing, ordering, or dispensing antibiotic drugs to the sexual partner or partners of a patient clinically diagnosed with chlamydia or gonorrhea without physical examination of such partner or partners. (2) 'Licensed practitioner' means a physician licensed to practice medicine in this state, an advanced practice registered nurse or physician assistant acting pursuant to delegated authority by a physician in accordance with Code Section 43-34-23 or 43-34-25 or subsection (e.1) of Code Section 43-34-103, or a registered professional nurse employed by the department or a county board of health. (b) A licensed practitioner who diagnoses a patient to be infected with chlamydia or gonorrhea may utilize expedited partner therapy in accordance with any rules and regulations established by the department for the management of the health of such patient's sexual partner or partners. (c) Any licensed practitioner who, reasonably and in good faith, prescribes antibiotic drugs for expedited partner therapy in accordance with this Code section and any rules and regulations established by the department shall not be subject to civil or criminal liability and shall not be deemed to have engaged in unprofessional conduct by such practitioner's licensing board. (d) Any pharmacist licensed in this state who, reasonably and in good faith, dispenses antibiotic drugs pursuant to a prescription for expedited partner therapy in accordance with this Code section and any rules and regulations established by the department shall not be subject to civil or criminal liability and shall not be deemed to have engaged in unprofessional conduct by the State Board of Pharmacy. (e) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section."

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PART IV SECTION 4-1.

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

Approved May 9, 2017.

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INSURANCE SYNCHRONIZING PATIENT MEDICATIONS.

No. 272 (Senate Bill No. 200).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for synchronizing patients' medications; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows:
"33-24-59.21. (a) As used in this Code section, the term 'prescription drug program' means any individual or group plan, policy, or contract for prescription drug services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2017. (b) A prescription drug program providing prescription drug coverage in this state shall permit and apply a prorated daily cost-sharing rate to prescriptions that are dispensed by a pharmacy for less than a 30 days' supply if the prescriber or pharmacist indicates the fill or refill could be in the best interest of the insured patient or is for the purpose of synchronizing the insured patient's medications. (c) No prescription drug program providing prescription drug coverage shall deny coverage for the dispensing of any drug prescribed for the treatment of an illness that is made in accordance with a plan among the insured, a practitioner, and a pharmacist to synchronize the refilling of multiple prescriptions for the insured. (d) No prescription drug program providing prescription drug coverage shall use payment structures incorporating prorated dispensing fees determined by calculation of the days'

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supply of medication dispensed. Dispensing fees shall be determined exclusively on the total number of prescriptions dispensed."

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

Approved May 9, 2017.

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ALCOHOLIC BEVERAGES PRODUCTION REQUIREMENTS FOR GEORGIA FARM WINERIES.

No. 273 (Senate Bill No. 226).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to the regulation of alcoholic beverages; to change provisions relating to certain annual production requirements for Georgia farm wineries; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising Code Section 3-6-21.1, relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes, as follows:
"3-6-21.1. (a) As used in this Code section, the term:
(1) 'Farm winery' means a winery which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located and:
(A) Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery; or (B) Is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce used in its annual production. For purposes of this paragraph, the commissioner shall determine what is a substantial portion of such winery premises or agricultural produce.

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(2) 'Georgia farm winery' means a farm winery which is licensed by the commissioner to manufacture wine in Georgia. (3) 'Tasting room' means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee. (b) The commissioner may authorize any Georgia farm winery to offer wine samples and to make retail sales of its wine and the wine of any other Georgia farm winery in tasting rooms at the winery and at five additional locations in this state for consumption on the premises and in closed packages for consumption off the premises; provided, however, that notwithstanding any other provisions of this title to the contrary, if the licensee is also issued a license pursuant to Code Section 3-4-24, the commissioner shall not authorize more than one tasting room for such Georgia farm winery and shall require that such tasting room shall be located on the licensed premises of the Georgia farm winery; and provided, further, that the Georgia farm winery shall not sell its wine or the wine of any other farm winery in more than one tasting room, and such tasting room shall be located on the licensed premises of the Georgia farm winery. For purposes of this subsection, the term 'licensed premises' shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the farm winery. (c)(1) The commissioner may authorize any licensee which is a farm winery to sell up to 24,000 gallons per calendar year of its wine at wholesale within the state; provided, however, that the commissioner shall not authorize any licensed farm winery to sell its wine at wholesale unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler and such wholesaler does not accept the farm winery's product within 30 days of such offer. (2) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk or in bottles, whether labeled or unlabeled, in accordance with regulations of the commissioner, to Georgia farm winery licensees and shall be authorized to acquire and receive deliveries and shipments of such wine made by Georgia farm winery licensees. (3) A Georgia farm winery licensee shall be authorized, in accordance with regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 40 percent of its annual production, provided that the Georgia farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner. (4) Any wine received in bulk pursuant to paragraph 3 of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6. (d) The annual license tax for each license issued pursuant to this Code section shall be $50.00.

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(e) The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries. (f) Wines sold at retail by a manufacturer as provided in subsection (b) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6."

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

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

Approved May 9, 2017.

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PROFESSIONS AND BUSINESSES EXCEPTION TO NUMBER OF ADVANCED PRACTICE REGISTERED NURSE WITH WHICH DELEGATION PHYSICIAN MAY ENTER INTO PROTOCOL AGREEMENT FOR CERTAIN LOCATIONS AND CONDITIONS.

No. 274 (Senate Bill No. 242).

AN ACT

To amend Code Section 43-34-25 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to advanced practice registered nurses, so as to provide an exception to the number of advanced practice registered nurses with which a delegating physician can enter into a protocol agreement at any one time for nurses in certain locations under certain conditions; 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 43-34-25 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to advanced practice registered nurses, is amended by revising subsection (g) and by adding new subsections to read as follows:
"(g) Except as otherwise provided in subsection (g.1) or (g.2) of this Code section, a delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one time, except this limitation shall not apply to an advanced practice registered nurse who is practicing:
(1) In a hospital licensed under Title 31; (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Public Health; (4) In any county board of health; (4.1) In any community service board; (5) In any free health clinic; (6) In a birthing center; (7) In any entity:
(A) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured or indigent Medicaid and medicare patients; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; (8) In any local board of education which has a school nurse program; (9) In a health maintenance organization that has an exclusive contract with a medical group practice and arranges for the provision of substantially all physician services to enrollees in health benefits of the health maintenance organization; or (10) In any emergency medical services system operated by, or on behalf of, any county, municipality, or hospital authority with a full-time medical director and who does not order drugs." (g.1) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than eight advanced practice registered nurses at any one time, may not supervise more than four advanced practice registered nurses at any one time pursuant to nurse protocol agreements, and shall not be required to conduct any meetings, observations, or review of medical records except as otherwise provided in this subsection, if the advanced practice registered nurses practice at a location that: (1) Maintains evidence-based clinical practice guidelines; (2) Is accredited by an accrediting body, approved by the board, such as the Joint Commission or a nationally recognized accrediting organization with comparable standards; (3) Requires the delegating physician to document and maintain a record of review of at least 10 percent of the advanced practice registered nurses' medical records to monitor

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quality of care being provided to patients, which may be conducted electronically or onsite; (4) Requires the delegating physician and advanced practice registered nurse to participate in and maintain documentation of quarterly clinical collaboration meetings, either by telephone, in person, or onsite, for purposes of monitoring care being provided to patients; and (5) Requiring the delegating physician's name, contact information, and record of the visit to be provided to the patient's primary care provider of choice with the patient's consent within 24 hours of the visit. (g.2) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than eight advanced practice registered nurses at any one time or supervise more than four advanced practice registered nurses at any one time in any emergency medical services system operated by, or on behalf of, any county, municipality, or hospital authority with a full-time medical director."

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

Approved May 9, 2017.

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OFFICIAL CODE OF GEORGIA ANNOTATED REUSE, MODERNIZE, CORRECT ERRORS OR
OMISSIONS IN, AND REENACT CODE.

No. 275 (House Bill No. 323).

AN ACT

To amend the Official Code of Georgia Annotated, so as to revise, modernize, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Reserved.

SECTION 1.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in: (1) Code Section 2-8-14, relating to composition, appointments, terms of office, and compensation of the Agricultural Commodity Commissions, and other matters, in subsection (c), by replacing "appointive member" with "appointed member" and in paragraph (d)(3) and subsection (i), by replacing "appointive members" with "appointed members". (2) Code Section 2-8-124, relating to membership and nomination and election of commission members of the Agricultural Commodity Commission for Equines, in subsection (c), by replacing "appointive member" with "appointed member" and in paragraph (d)(3) and subsection (i), by replacing "appointive members" with "appointed members". (3) Code Section 2-8-133, relating to amendments to, rules and regulations governing, and expiration and termination of marketing orders of the Agricultural Commodity Commission for Equines, in paragraph (a)(1), by replacing "appointive members" with "appointed members".

Reserved.

SECTION 3.

Reserved.

SECTION 4.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in: (1) Code Section 7-1-11, which is reserved, by designating said Code section as repealed. (2) Code Section 7-1-36, relating to the oath of the commissioner, deputy commissioner, and examiners of the Department of Banking and Finance, in subsection (a), by replacing "his or her office which" with "his or her office, which". (3) Code Section 7-1-239.5, which is reserved, by designating said Code section as repealed.

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(4) Code Section 7-1-241, relating to restrictions on engaging in the banking business, in paragraph (b)(4), by replacing "provided, however, no such person" with "provided, however, that no such person" and in subparagraph (b)(5)(B), by replacing "provided such instruments" with "provided that such instruments". (5) Code Section 7-1-355, relating to agreements concerning safe deposits, by replacing "safe deposit boxes" with "safe-deposit boxes". (6) Code Section 7-1-594, which is reserved, by designating said Code section as repealed. (7) Code Section 7-1-603, relating to extension of existing banking locations and automated teller machines, cash dispensing machines, point-of-sale terminals, and other extensions, in subsection (d), by replacing "provided such extension" with "provided that such extension". (8) Code Section 7-1-758, relating to tax exemptions and state and local occupational license taxes, in subsection (a), by deleting the comma following "trust companies". (9) Code Section 7-1-779, relating to the use of the term "savings and loan" or other terms likely to mislead the public as to the nature of a business, by replacing "the terms 'savings and loan' or combination of the words used in said phrases" with "the term 'savings and loan' or combination of the words used in said phrase". (10) Code Section 7-1-797, which is reserved, by designating said Code section as repealed. (11) Code Section 7-1-911, relating to definitions regarding records and reports of United States currency transactions, in subparagraph (6)(C), by deleting the comma following "association". (12) Code Section 7-1-958, relating to tax exemptions, credits, and privileges and occupational license taxes, in subsection (a), by deleting the comma following "companies". (13) Code Section 7-1-1002, relating to transaction of business without a license, registration, or exemption prohibited, knowing purchase of mortgage loan from unlicensed or nonexempt broker or lender prohibited, and liability of persons controlling violators, in paragraph (a)(4), by deleting "such person". (14) Code Section 7-2-11, relating to the exclusive supervision by the Department of Banking and Finance regarding credit union deposit insurance corporations, in subsection (a), by deleting the comma following "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 9-9-32, relating to appointment of arbitrators and immunity from liability, in subsection (e), by replacing "subsections (c) or (d)" with "subsection (c) or (d)". (2) Code Section 9-11-4.1, relating to certified process servers, in paragraph (h)(1), by replacing "in any county he or she" with "in any county, he or she".

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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 10-1-5, relating to mail order and telephone sales, by replacing "catalog" with "catalogue" both times the term appears. (2) Code Section 10-1-234, relating to selling controlled product to another distributor for retail sale and selling to other dealers at distress prices, by inserting a comma following "credit cards". (3) Code Section 10-1-250, relating to the short title of the "Below Cost Sales Act", by replacing "This article may be cited" with "This article shall be known and may be cited". (4) Code Section 10-1-260, relating to the short title of the "Liquefied Petroleum Safety Act of Georgia", by replacing "This article may be cited and referred to" with "This article shall be known and may be cited". (5) Code Section 10-1-264, relating to assistants and employees of state fire marshal, by replacing "he" with "he or she". (6) Code Section 10-1-370, relating to the short title of the "Uniform Deceptive Trade Practices Act", by replacing "This part may be cited" with "This part shall be known and may be cited". (7) Code Section 10-1-393.2, relating to requirements for health spas, in subsection (g), by replacing "he" with "he or she". (8) Code Section 10-1-398, relating to stay of cease and desist order and hearing, in subsection (a), by replacing "him" with "him or her", in the introductory language of subsection (b), by replacing "he" with "he or she", and in the introductory language of subsection (i), by replacing "he" with "he or she" each time the term appears. (9) Code Section 10-1-593, relating to conditions of licensure and bonds regarding buying services, in paragraph (2), by replacing "payable to the Governor of this state;" with "payable to the Governor;". (10) Code Section 10-1-622, relating to definitions regarding motor vehicle franchise practices, in paragraph (8.1), by replacing "pursuandefft" with "pursuant". (11) Code Section 10-1-651, relating to termination of a motor vehicle franchise, grounds, notice, dealer costs reimbursed by franchisor, and applicability to distributors, in division (f)(3)(A)(i), by replacing "catalog" with "catalogue" both times the term appears. (12) Code Section 10-1-784, relating to reasonable attempts to correct nonconformity and option to repurchase or replace vehicle regarding the "Georgia Lemon Law," in subparagraph (a)(1)(B), by deleting the comma following "times" and in subparagraph (a)(2)(C), by replacing "with the 28 day time period," with "within the 28 day time period,". (13) Code Section 10-1-791, relating to consumer fees to implement provisions of the article and enforcement regarding the "Georgia Lemon Law," in paragraph (b)(1), by replacing "the 'Fair Business Practices Act';" with "the 'Fair Business Practices Act of 1975';".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(14) Code Section 10-1-793, relating to violations that constitute unfair and deceptive acts or practices and cumulative effect regarding the "Georgia Lemon Law," in subsection (a), by replacing "the 'Fair Business Practices Act';" with "the 'Fair Business Practices Act of 1975';". (15) Code Section 10-2-10, relating to delivery tickets for bulk sales and bulk deliveries of heating fuel, at the end of paragraph (4), by inserting "and" following "sale;". (16) Code Section 10-2-11, relating to information required on packages, at the end of paragraph (2), by inserting "and" following "count;". (17) Code Section 10-5-2, relating to definitions regarding the "Georgia Uniform Securities Act," in paragraph (25), by replacing "the 'Georgia Securities Act of 1973'," with "the 'Georgia Securities Act of 1973,'". (18) Code Section 10-6A-14, relating to ministerial acts explained, required actions of transaction brokers, and false information, in paragraph (a)(3), by replacing "pre-printed" with "preprinted" and at the end of paragraph (b)(2), by inserting "and" following "transaction;". (19) Code Section 10-9-1, relating to the short title of the "Geo. L. Smith II Georgia World Congress Center Act", by replacing "This chapter may be known and cited" with "This chapter shall be known and may be cited". (20) Code Section 10-9-50, relating to enforceability against authority and limitation on state liability regarding revenue bonds, in paragraph (a)(1), by deleting the comma following "including but not limited to" and in subparagraph (a)(1)(D), by deleting "which are" at the beginning of both division "(i)" and division "(ii)". (21) Code Section 10-9-51, relating to security, provisions in resolution or trust indenture for protection of bondholder rights and remedies, and sinking fund regarding revenue bonds, in subparagraph (b)(1)(D), by deleting "which are" at the beginning of both division "(i)" and division "(ii)". (22) Code Section 10-9-53, relating to payment of sale proceeds from revenue bonds to trustees regarding the Geo. L. Smith II Georgia World Congress Center, by replacing "the authority which" with "the authority, which". (23) Code Section 10-13-2, relating to definitions regarding tobacco product manufacturers, in the introductory language of paragraph (10), by replacing "the date of enactment of this chapter" with "April 28, 1999,". (24) Code Section 10-13A-8, relating to documentation to be supplied by a tobacco distributor, cooperation between the state revenue commissioner and the Attorney General, and promulgation of regulations, in subsection (a), by replacing "10" with "ten". (25) Code Section 10-14-3, relating to definitions regarding cemetery and funeral services, in paragraph (8), by replacing "mausoleum, a vault, crypt interments;" with "a mausoleum, a vault, or crypt interments;". (26) Code Section 10-14-4, relating to registration of dealers and cemeteries, perpetual care cemeteries trust funds, nonperpetual care cemeteries, and preneed escrow accounts, in

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subparagraph (b)(1)(L), by inserting quotation marks immediately preceding "NOTICE" and immediately following "2000.". (27) Code Section 10-14-5, relating to preneed sales agents, contracts, and retention of employee data, in subsection (e), by replacing "sent by certified mail, return receipt requested, or statutory overnight delivery," with "sent by certified mail or statutory overnight delivery, return receipt requested,". (28) Code Section 10-14-11, relating to stop order suspending or revoking registration, denial or refusal of application for registration, and penalties regarding cemetery and funeral services, in subsection (c), by replacing "Secretary of the State" with "Secretary of State". (29) Code Section 10-14-17, relating to prohibited acts and fees regarding cemetery and funeral services, at the end of paragraph (c)(7), by inserting "or" following "agents;". (30) Code Section 10-14-18, relating to duties of a registrant and written contract regarding cemetery and funeral services, in the second sentence of paragraph (a)(2), by replacing "burial or rights," with "burial rights,".

Reserved.

SECTION 11.

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in: (1) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state and stream and reservoir buffers, at the end of the introductory language of subparagraph (g)(2)(C), by replacing "provided:" with "provided that:". (2) Code Section 12-5-30.3, relating to sludge land application systems, in subsection (d), by replacing "The provisions of this section" with "The provisions of this subsection". (3) 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 the introductory language of subparagraph (b)(16)(C), by replacing "cause a width of disturbance" with "they cause a width of disturbance". (4) Code Section 12-16-20, relating to definitions regarding procedures for amending environmental regulations, in subparagraph (7)(K), by replacing "the 'Georgia Hazardous Site Reuse and Redevelopment Act';" with "the 'Georgia Brownfield Act';".

Reserved.

SECTION 13.

SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended in:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) Code Section 14-2-870, relating to procedures for disclaimer of business opportunities, in the introductory language of subsection (e), by replacing "subsections (c) or (d)" with "subsection (c) or (d)". (2) Code Section 14-8-1, relating to the short title of the "Uniform Partnership Act", by replacing "This chapter may be cited" with "This chapter shall be known and may be cited". (3) Code Section 14-9-100, relating to the short title of the "Georgia Revised Uniform Limited Partnership Act", by replacing "This chapter may be cited" with "This chapter shall be known and may be cited". (4) Code Section 14-9A-1, relating to the short title of the "Uniform Limited Partnership Act", by replacing "This article may be cited" with "This article shall be known and may be cited". (5) Code Section 14-10-1, relating to the short title of "The Georgia Professional Association Act", by replacing "This chapter may be cited" with "This chapter shall be known and may be cited". (6) Code Section 14-11-100, relating to the short title of the "Georgia Limited Liability Company Act", by replacing "This chapter may be cited" with "This chapter shall be known and may be cited".

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in: (1) Code Section 15-19-52, relating to lawful acts by parties involved, financial services advice, legal instruments, and title papers, by replacing "financial services; nor" with "financial services nor" and by replacing "provided it is done" with "provided that it is done". (2) Code Section 15-25-2, relating to issuance, security of cards, required information, valid period, and acceptance by other agencies regarding personal identification cards for Justices, in subsection (d), by deleting the comma following "Justices".

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-5-46, relating to trafficking of persons for labor or sexual servitude, in subsection (a), by redesignating current paragraph (1) as new paragraph (4) and by redesignating current paragraphs (2) through (4) as new paragraphs (1) through (3), respectively, reordering such paragraphs so as to alphabetize definitions. (2) Code Section 16-8-14, relating to theft by shoplifting, in subparagraph (b)(1)(B), by inserting a comma following "probation detention center". (3) Code Section 16-8-14.1, relating to refund fraud, in paragraph (c)(2), by inserting a comma following "probation detention center". (4) Code Section 16-9-130, relating to damages available to consumer victim, no defense that others engage in comparable practices, and service of complaint, in subsection (a), by

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replacing "provided, however, punitive damages" with "provided, however, that punitive damages". (5) Code Section 16-11-103, relating to discharge of gun or pistol near a public highway and penalty, at the end of paragraph (c)(3), by deleting "pursuant to Chapter 16 of Title 43". (6) Code Section 16-12-141.1, relating to disposal of aborted fetuses, reporting requirements, penalties, public report, and confidentiality of identity of physicians filing reports, in paragraph (a)(2), by deleting "of the type and confidentiality provided for in subsection (d) of Code Section 16-12-141, and". (7) Code Section 16-12-170, relating to definitions regarding the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, at the beginning of the last sentence in paragraph (7), by deleting the quotations marks around "Proper identification". (8) Code Section 16-13-31.1, relating to trafficking in ecstasy, sentencing, and variation, in the introductory language of subsection (a), by replacing "3, 4-methylenedioxy-methamphetamine" with "3, 4-methylenedioxymethamphetamine" and by replacing "3, 4-methylenedioxy-amphetamine" with "3, 4-methylenedioxyamphetamine" each time the terms appear. (9) Code Section 16-13-71, relating to the definition of "dangerous drug", in paragraph (b)(.043), by replacing "abobotulinumtoxinA;" with "AbobotulinumtoxinA;" and in paragraph (b)(133.05), by replacing "see exceptions;" with "See exceptions;".

Reserved.

SECTION 17.

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: (1) Code Section 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report, to whom made, immunity from liability, report based upon privileged communication, and penalty for failure to report, in subsection (f), by replacing "provided such participation" with "provided that such participation". (2) Code Section 19-8-15, relating to when objections may be filed by relatives to petition for adoption, by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-2-151.2, relating to driver education course accepted for Carnegie unit elective credits, by replacing "'The Driver Training School License Act,'" with "'The Driver Training School and Commercial Driver Training School License Act,'".

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(2) Code Section 20-2-702, which is reserved, by designating said Code section as repealed. (3) Code Section 20-2-703, which is reserved, by designating said Code section as repealed. (4) Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, at the end of division (a)(1)(B)(iii), by inserting "or" following "year;". (5) Code Section 20-14-90, which is repealed, by designating said Code section as reserved.

SECTION 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in: (1) Code Section 21-5-71, relating to registration required of lobbyists, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, at the end of paragraph (i)(6.1), by inserting "or" following "employer;".

SECTION 22. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended in: (1) Code Section 22-1-1, relating to definitions relative to general provisions of eminent domain, in division (1)(A)(iii), by replacing "provided, however, this division" with "provided, however, that this division". (2) Code Section 22-3-83, relating to duties of State Commission on Petroleum Pipelines, compensation, meetings, and termination, in paragraph (a)(2), by replacing "land uses" with "land use". (3) Code Section 22-3-85, relating to temporary moratorium on use of eminent domain for construction of petroleum pipelines and study, in the introductory language of subparagraph (a)(2)(D), by replacing "deed, license. or" with "deed, license, or". (4) Code Section 22-3-89, relating to procedure for hearings and appeals regarding eminent domain relative to petroleum pipelines, by replacing "and provided further that" with "and provided, further, that".

Reserved.

SECTION 23.

Reserved.

SECTION 24.

Reserved.

SECTION 25.

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in:

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(1) Code Section 26-4-28, relating to powers, duties, and authority of the State Board of Pharmacy, in the introductory language of subsection (a), by inserting a comma following "Georgia" and in paragraph (a)(29), by replacing "Chapter 13 of Title 50;" with "Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';". (2) Code Section 26-4-60, relating to grounds for suspension, revocation, or refusal to grant licenses to practice pharmacy, in division (a)(11)(B)(ii), by replacing "mailing of certain drugs and if necessary," with "mailing of certain drugs and, if necessary," and by replacing "distribution through the mail" with "distribution through the mails". (3) Code Section 26-4-86, relating to compounding and distribution of drug products, in subsection (c), by replacing "nonpatient specific" with "nonpatient-specific" both times the phrase appears.

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 28-1-8, relating to the salary and allowances of members and officers of the General Assembly, in subsection (f), by replacing "he" with "he or she" each time the term appears and by replacing "himself or his family" with "himself or herself or his or her family" and in subsection (g), by replacing "his" with "his or her". (2) Code Section 28-4-3, relating to creation of the Office of Legislative Counsel and its qualifications and powers and duties, in paragraph (c)(5), by replacing "He" with "He or she" and in subsection (d), by replacing "he" with "he or she", by replacing "him" with "him or her", and by replacing "his" with "his or her".

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 31-2A-18, relating to establishment of the Low THC Oil Patient Registry, definitions, purpose, registration cards, quarterly reports, and waiver forms, in subparagraph (a)(3)(A), by inserting a comma following "nausea". (2) Code Section 31-2A-32, relating to the Positive Alternatives for Pregnancy and Parenting Grant Program, by replacing "purpose of the grant program" with "purpose of the program".

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(3) Code Section 31-2A-34, relating to services funded by the Positive Alternatives for Pregnancy and Parenting Grant Program, in the introductory language, by replacing "this program" with "the program", in paragraph (1), by replacing "screening" with "screenings", in paragraph (7), by replacing "pregnancy and childbirth including, but not limited to," with "pregnancy and childbirth, including but not limited to", and in paragraph (8), by deleting the comma following "limited to". (4) Code Section 31-7-3.3, relating to the definition of "excluded party" and to liability, notice, dismissal, and other procedural factors regarding the regulation of hospitals and related institutions, in subsection (c), by replacing "their direct" with "its direct", in subsection (d), by replacing "who claims" with "that claims", and in subsections (e) and (f), by replacing "such claim, or" with "such claim,". (5) Code Section 31-7-53, relating to matching formula, priority system, use of earnings, and approval of federal grants for construction and modernization of medical facilities, in subsection (d), by replacing "the Public Health Service Act" with "the federal Public Health Service Act". (6) Code Section 31-7-192, relating to the Georgia Palliative Care and Quality of Life Advisory Council, in subsection (d), by deleting the comma following "on the council". (7) Code Section 31-8-9.1, relating to eligibility to receive tax credits and obligations of rural hospitals after receipt of funds, in subparagraph (c)(1)(A), by replacing "health care-related services" with "health care related services". (8) Code Section 31-11-110, relating to legislative findings regarding a system of certified stroke centers, in paragraph (2), by inserting a comma following "in this country"; in paragraph (4), by inserting a comma following "Therefore"; and in subparagraph (6)(A), by inserting a comma following "interventions".

SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in: (1) Code Section 32-5-30, relating to allocation of state and federal funds for public roads, items excluded from budgeting, budgeting periods, and authorization of reduction of funds allocated, in paragraph (a)(2), by replacing "provided, however, if" with "provided, however, that if". (2) Code Section 32-6-51, relating to erection, placement, or maintenance of unlawful or unauthorized structure, removal thereof, penalty for violation, and authorization of placement, erection, and maintenance of commercial advertisements by transit agency, in subparagraph (g)(1)(C), by replacing "this state including," with "this state, including,". (3) Code Section 32-9-14, relating to the Metropolitan Atlanta Rapid Transit Overview Committee, in subsection (f), by replacing "for the planning," with "for planning,".

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in:

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(1) Code Section 33-10-13, relating to the "Standard Valuation Law," in subparagraph (d)(2)(A), by deleting the comma following "shall annually submit the opinion". (2) Code Section 33-20C-1, relating to definitions regarding accurate health care provider directories, in paragraph (1), by inserting a comma following "enrollee". (3) Code Section 33-23-4, relating to insurance license required, restrictions on payment or receipt of commissions, and positions indirectly related to sale, solicitation, or negotiation of insurance excluded from licensing requirements, in subparagraph (h)(2)(B), by replacing "paragraphs" with "paragraph". (4) Code Section 33-23-12, relating to limited insurance licenses, in paragraph (d)(16), by replacing "electronic mail" with "e-mail" each time the term appears. (5) Code Section 33-24-14, relating to delivery of insurance policies, applicability of the Uniform Electronic Transactions Act, and additional mailings, in paragraph (d)(4), by replacing "electronic mail" with "e-mail". (6) Code Section 33-25-4, relating to required nonforfeiture provisions regarding life insurance, in paragraph (d)(1), by replacing "two percent" with "2 percent", by replacing "forty percent" with "40 percent", and by replacing "twenty-five percent" with "25 percent"; in paragraph (e)(1), by deleting "subsection (o) of"; and at the end of subparagraph (e)(9)(A), by replacing "4.00 percent" with "4 percent". (7) Code Section 33-41-2, relating to definitions regarding captive insurance companies, in the introductory language of paragraph (2), by replacing "'Agency captive insurance' company" with "'Agency captive insurance company'". (8) Code Section 33-41-10, relating to application for and issuance of certificates of authority for captive insurance companies, at the end of paragraph (a)(1), by inserting "and" following "bylaws"; in subsection (b), by replacing "him" with "him or her" and by replacing "his" with "his or her"; and in subsection (d), by replacing "he" with "he or she" and by replacing "his" with "his or her". (9) Code Section 33-45-10, relating to information disclosure requirements regarding continuing care providers and facilities, in paragraph (d)(4), by replacing "Federal" with "federal". (10) Code Section 33-56-3, relating to insurance company action level events, preparation and submission of a risk-based capital level plan, hearing, and out-of-state filing, at the end of subparagraph (a)(1)(B), by deleting "or" following "trend;" and at the end of subparagraph (a)(1)(C), by inserting "or" following "instructions;".

SECTION 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended in: (1) Code Section 34-7-48, relating to recovery by a railroad company employee working beyond limited hours of service, by deleting ", as prohibited by Code Section 46-8-152".

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(2) Code Section 34-8-153, relating to liability of succeeding employer, computation of rate of contributions, transfers between employers with substantially common ownership, management, or control, transfers made for the purpose of obtaining a lower rate of contribution, and penalties for violations regarding employment security, in the introductory language of subsection (g), by replacing "provision in this chapter" with "provision of this chapter". (3) Code Section 34-8-164, relating to applications for adjustment or refund of contributions by employers, by replacing "provided such amounts" with "provided that such amounts". (4) Code Section 34-8-196, relating to determination of eligibility for employment security benefits of persons performing certain services and eligibility for employment security benefits of aliens performing services, in subsection (e), by inserting the boldface catchline "'Reasonable assurance' defined." following the subsection (e) designation. (5) Code Section 34-8-197, relating to eligibility requirements for extended employment security benefits, in paragraph (c)(2), by replacing "provided, further, if" with "provided, further, that if" both times the phrase appears. (6) Code Section 34-9-5, relating to applicability of the workers' compensation chapter to employers and employees regarding pilots under contract to the Georgia Forestry Commission, by replacing "Georgia Forestry Commission" with "State Forestry Commission". (7) Code Section 34-9-53, relating to directors emeritus of the State Board of Workers' Compensation, eligibility for appointment, and procedure for appointment, by replacing "in these offices; provided," with "in these offices; and provided,". (8) Code Section 34-9-151, relating to definitions regarding group self-insurance funds for workers' compensation, in paragraphs (14) and (19), by replacing "comprised" with "composed" in both paragraphs. (9) Code Section 34-9-152, relating to application to Commissioner of Insurance for the State of Georgia for certificate of authority to create fund, contents of application, filing fee, and membership of fund, in paragraph (b)(2), by replacing "comprised" with "composed". (10) Code Section 34-9-384, relating to general powers of the board of trustees of the Self-insurers Guaranty Trust Fund, at the end of subparagraph (2)(B), by replacing the period with a semicolon following "meeting". (11) Code Section 34-9-431, relating to certification of a work based learning employer and requirements, in paragraph (b)(3), by replacing "assist" with "assists".

SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in: (1) Code Section 35-1-2, relating to forensic medical examinations of sexual assault victims and reports, in subsection (b), by replacing "afforded to them" with "afforded to him or her" and in subsection (g), by replacing "Senate Judiciary, Non-civil Committee" with "Senate Judiciary Committee".

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(2) Code Section 35-2-15, relating to off-duty use of motor vehicles and other equipment by certain law enforcement officers, conditions for use, and rules and regulations, in paragraph (a)(2), by replacing "in discharge" with "in the discharge" and in subsection (b), by replacing "departmental" with "department". (3) Code Section 35-8-8, relating to requirements for appointment or certification of persons as peace officers and preemployment attendance at basic training course and the definition of "employment related information", in paragraph (c)(3), by replacing "$0.25" with "25".

Reserved.

SECTION 36.

SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in: (1) Code Section 37-3-83, relating to procedure for continued involuntary hospitalization for mental illness, in subsection (b), by replacing "an individual" with "a person" both times the phrase appears and in subsection (j), by replacing "an individual" with "a person" and by replacing "that order" with "such order". (2) Code Section 37-3-147, relating to representatives and guardians ad litem for persons with mental illness, notification provisions, and duration and scope of guardianship ad litem, in subsection (a), by replacing "that facility" with "such facility".

SECTION 38. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended in: (1) Code Section 38-2-280, relating to military personnel and reemployment in private industry, various types of absences, injunction to compel, and Attorney General's aid, in subsection (d), by replacing "state-sponsored" with "state sponsored". (2) Code Section 38-2-1006, relating to state judge advocate, appointment, eligibility, and staff judge advocate in regard to general provisions under the "Georgia Code of Military Justice," in subsection (a), by replacing "advisor" with "adviser" and in subsection (b), by replacing "advisors" with "advisers". (3) Code Section 38-2-1051, relating to voting, rulings, and charge regarding trial procedures under the "Georgia Code of Military Justice," in paragraph (c)(1), by replacing "beyond reasonable doubt;" with "beyond a reasonable doubt;". (4) Code Section 38-2-1056, relating to maximum sentencing limits under the "Georgia Code of Military Justice," in subsection (b), by replacing "prescribed herein" with "prescribed in subsection (a) of this Code section". (5) Code Section 38-2-1139, relating to redress of injuries to private property, complaint, investigating board, and assessment under the "Georgia Code of Military Justice," in subsection (a), by replacing "charges herein authorized" with "charges authorized by this Code section".

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(6) Code Section 38-3-165, relating to recognition of volunteer health practitioners licensed in other states in regard to the "Uniform Emergency Volunteer Health Practitioners Act," in subsection (b), by replacing "this Code Section" with "this Code section".

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 40-1-23, relating to regulatory compliance inspections, notification, contacts with state, permit required for transporting hazardous materials, escorts or inspections, exceptions, recovery for damage or discharge, civil monetary penalties, routing agencies, and adoption of regulations, in subsection (i), by deleting "35-2-56 [repealed] or" following "Code Section". (2) Code Section 40-2-38, relating to registration and licensing of manufacturers, distributors, and dealers, dealer plates, and calculation of registration requirements, in subparagraph (a)(4)(C), by deleting the comma following "this Code section". (3) Code Section 40-2-152, relating to fees for apportionable vehicles and restricted license plates for vehicles, in subparagraph (m)(2)(B), by replacing "statewide" with "state wide". (4) Code Section 40-5-1, relating to definitions regarding drivers' licenses, in the undesignated text at the end of paragraph (15), by replacing "U.S. Immigration and Naturalization Service" with "United States Immigration and Naturalization Service". (5) Code Section 40-5-21, relating to exemptions regarding issuance, expiration, and renewal of licenses of motor vehicles generally, at the end of paragraph (a)(2), by replacing the period with a semicolon and in paragraph (a)(11), by replacing "'The Driver Training School License Act.'" with "'The Driver Training School and Commercial Driver Training School License Act.'". (6) Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school enrollment requirements, driving training requirements, and limited driving permits, in paragraphs (b)(1) and (b)(2), by replacing "instructional permit" with "instruction permit" each time the phrase appears. (7) Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, in subparagraph (a)(1)(B), by replacing "instructional permit" with "instruction permit". (8) Code Section 40-5-25, relating to applications, fees, waiver of fees, and provisions for voluntary participation in various programs, in paragraph (b)(1), by replacing "instructional permit" with "instruction permit". (9) Code Section 40-5-27, relating to examination of motor vehicle applicants, in paragraphs (d)(1) and (d)(2), by replacing "instructional permit" with "instruction permit" each time the phrase appears.

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(10) Code Section 40-5-64, relating to limited driving permits for certain offenders, in paragraph (a)(2), by replacing "ignition interlock limited driving permit" with "ignition interlock device limited driving permit". (11) Code Section 40-5-66, relating to appeals from decisions of department, in subsection (a), by replacing "his" with "his or her". (12) Code Section 40-5-75, relating to suspension of licenses by operation of law and reinstatement, in paragraph (g)(1), by replacing "Upon July 1, 2016," with "Effective July 1, 2016,". (13) Code Section 40-5-81, relating to program optional, certification and approval of courses, and prohibited behavior by a clinic or program, in the introductory language of subsection (d), by inserting a comma following "merchant gift cards".

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-8-1, which is repealed, by designating said Code section as reserved. (2) Code Section 42-8-108, relating to quarterly report to judge and council and records to be open for inspection, in subsection (b), by inserting "the" preceding "Department of Corrections" and "State Board of Pardons and Paroles". (3) Code Section 42-8-109.2, relating to confidentiality of records, in subsection (a), by inserting "the" preceding "Department of Corrections" and "State Board of Pardons and Paroles".

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-5-1, relating to definitions regarding athletic trainers, by inserting "As used in this chapter, the term:" preceding paragraph (1). (2) Code Section 43-10A-7, relating to licensing requirement and exceptions for professional counselors, social workers, and marriage and family therapists, in paragraph (b)(8), by replacing "Georgia Board of Workers' Compensation" with "State Board of Workers' Compensation"; in the introductory language of paragraph (b)(15), by replacing "Counselors'" with "Counselors" and by deleting "association" following "which"; in subparagraph (b)(15.1)(B), by replacing "Counselor's" with "Counselors"; and in paragraph (b)(17), by replacing "Accreditation Council for Agencies Serving the Blind and Visually Handicapped" with "Accreditation Council for Agencies Serving People with Blindness or Visual Impairment".

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(3) Code Section 43-28-15, relating to exceptions to operation of chapter, in paragraph (8), by replacing "Georgia Board of Workers' Compensation" with "State Board of Workers' Compensation". (4) Code Section 43-34-8, relating to authority of the Georgia Composite Medical Board to refuse a license, certificate, or permit or issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and publication of final disciplinary actions, in paragraph (a)(2), by replacing "connected therewith, or practiced fraud" with "connected therewith; practiced fraud" and by replacing "pursuant to this chapter, or" with "pursuant to this chapter; or", in paragraph (a)(5), by replacing "or had other disciplinary" with "had other disciplinary", in paragraph (a)(7), by replacing "which conduct or practice need not" with "which need not", in paragraph (a)(9), by replacing "or knowingly aided," with "knowingly aided," and by replacing "or knowingly performed" with "knowingly performed", in paragraph (a)(10), by replacing "which law, rule, or regulation" with "when such law, rule, or regulation", by replacing "such action is violative" with "such action violates", and by replacing "order of the board, previously entered" with "order of the board previously entered", in the introductory language of paragraph (a)(13), by inserting "(A)" following the paragraph number and by replacing the colon with a period at the end, in subparagraph (a)(13)(A), by replacing "(A)" with "(B)" and by replacing the semicolon with a period at the end, in subparagraph (a)(13)(B), by replacing "(B)" with "(C)" and by replacing "; and" with a period at the end, in subparagraph (a)(13)(C), by replacing "(C)" with "(D)", by replacing "subparagraph (A) of this paragraph" with "subparagraph (B) of this paragraph", and by replacing "subparagraph (B) of this paragraph" with "subparagraph (C) of this paragraph", in paragraph (a)(16), by replacing "provided, however that" with "provided, however, that", in paragraph (a)(20), by replacing "Occupational Safety and Health Administration (OSHA) standards;" with "Occupational Safety and Health Administration standards;", and at the end of subparagraph (a)(24)(A), by replacing the colon with a semicolon; in subparagraph (b)(1)(K), by replacing "which actions shall be kept confidential," with "which shall be kept confidential", and in paragraph (b)(2), by replacing "which probation may be vacated" with "which may be vacated". (5) Code Section 43-34-33, relating to institutional licenses for medical practice, in subsection (d), by replacing "Drug Enforcement Agency" with "United States Drug Enforcement Administration". (6) Code Section 43-34-123, relating to Controlled Substances Therapeutic Research Program, in subsection (a), by replacing "the Federal Drug Enforcement Agency, the Food and Drug Administration," with "the United States Drug Enforcement Administration, the United States Food and Drug Administration," and in subsection (d), by replacing "federal Food and Drug Administration" with "United States Food and Drug Administration". (7) Code Section 43-34-125, relating to receipt of marijuana by board, distribution, and responsibility for costs of obtaining and testing marijuana, in subsection (a), by replacing "the Food and Drug Administration, and the Federal Drug Enforcement Agency" with "the

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United States Food and Drug Administration, and the United States Drug Enforcement Administration". (8) Code Section 43-44-7, relating to license required for speech-language pathologists and audiologists, exemptions, and posting license, by redesignating paragraphs (3) and (4) of subsection (i) as new subsections (j) and (k), respectively.

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-2-2, relating to the 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, in paragraph (a)(2), by replacing "For the purpose of this subsection, 'liens' shall be defined" with "As used in this subsection, the term 'liens' shall have the same meaning". (2) Code Section 44-3-74, relating to recording condominium instruments, plats, plans, and encumbrances, in subsection (b), by replacing "plats" with "plat".

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in: (1) Code Section 45-22-2, relating to definitions regarding the "Public Employee Hazardous Chemical Protection and Right to Know Act," by replacing "CFR" with "C.F.R." each time the term appears.

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-8-331, relating to incorporation, control, and management of interurban, suburban, and street railroads, in the last sentence, by deleting "; provided, further, that nothing in Code Section 46-8-127, which provides that the general direction and location of railroads sought to be constructed in this state shall be ten miles from a railroad constructed or laid out and selected to be constructed, shall be applicable to street, suburban, or interurban railways, or the selection of the route or the construction of the same". (2) Code Section 46-9-7, relating to time of accrual of actions under Code Sections 46-9-5 and 46-9-6, by replacing "Code Sections 46-9-5 and 46-9-6," with "Code Section 46-9-6,".

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in:

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(1) Code Section 48-1-3, relating to forms and filings prior to January 1, 1980, by replacing "tax-related" with "tax related". (2) Code Section 48-1-8, relating to computer software, in subsection (c), by replacing "under Chapter 5 or Chapter 8" with "under Chapter 5 or 8". (3) Code Section 48-2-9, relating to powers of commissioner in tax proceedings and assistance by Attorney General, by replacing "in behalf of this state" with "in behalf of the state" and by replacing "obligation of any person including any public official" with "obligation of any person, including any public official,". (4) Code Section 48-2-12, relating to rules and regulations and forms relative to state administrative organization, in subsection (d), by deleting "with respect" following "shall apply". (5) Code Section 48-2-100, relating to the 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 application of state laws and requirements, in paragraph (g)(1), by replacing "business' name" with "business's name". (6) Code Section 48-3-3, relating to executions by tax collectors and commissioners, in subsection (d), by replacing "that person" with "such person". (7) Code Section 48-3-19, relating to transfer of tax executions, in paragraph (a)(2), by inserting a comma following "undelivered" and by replacing "due diligence shall include checking telephone directories" with "checking telephone directories". (8) Code Section 48-4-104, relating to initial size of board of directors, continuation of land banks created before July 1, 2012, eligibility to serve, selection of chairperson and officers, governing rules and regulations, vacancies, compensation, meetings, quorum, adoption of bylaws, immunity from personal liability, and voting, in paragraph (i)(5), by replacing "$50,000" with "$50,000.00". (9) Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property generally, in paragraph (3), by replacing "if data is available" with "if data are available" and in division (3)(F)(i), by deleting the quotation marks around "brownfield property" and by replacing "'Georgia Hazardous Site Reuse and Redevelopment Act,'" with "'Georgia Brownfield Act,'". (10) Code Section 48-5-7.1, relating to tangible real property devoted to agricultural purposes, definition, persons entitled to preferential tax assessment, covenant to maintain agricultural purposes, and penalty for breach of covenant, in subsection (a), by replacing "For purposes of this article," with "For purposes of this article, the term" and by deleting the quotation marks around "bona fide agricultural purposes". (11) Code Section 48-5-7.3, relating to landmark historic property, in paragraph (a)(1), by replacing "For the purposes of this Code section," with "As used in this Code section, the term". (12) Code Section 48-5-7.5, relating to assessment of standing timber, penalty for failure to timely report, effect of reduction of property tax digest, and supplemental assessment, in

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subsection (g), by replacing "Georgia Forestry Commission" with "State Forestry Commission". (13) Code Section 48-5-7.6, relating to the definition of "brownfield property", related definitions, qualifying for preferential assessment, disqualification of property receiving preferential assessment, responsibilities of owners, transfers of property, costs, appeals, creation of lien against property, and extension of preferential assessment, by replacing "'Georgia Hazardous Site Reuse and Redevelopment Act,'" with "'Georgia Brownfield Act,'" each time the phrase appears. (14) Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, resolution or ordinance required for millage rate, and advertisement of intent to increase property tax, in paragraph (c)(3), by replacing "be not less than 30 square inches" with "not be less than 30 square inches". (15) Code Section 48-5-41, relating to property exempt from taxation, in paragraph (a)(15), by inserting "the term" following "As used in this paragraph,". (16) Code Section 48-5-48, relating to homestead exemption by qualified disabled veteran, filing requirements, periodic substantiation of eligibility, and persons eligible without application, in paragraph (a)(1), by replacing "who was discharged under honorable conditions" with ", who was discharged under honorable conditions,". (17) Code Section 48-5-48.1, relating to tangible personal property inventory exemption, application, failure to file application as waiver of exemption, denials, and notice of renewals regarding tax exemptions, in paragraph (b)(4), by replacing "January 1 are stored" with "January 1 is stored". (18) Code Section 48-5-48.2, relating to level 1 freeport exemption and referendum regarding tax exemptions, in paragraph (c)(4), by replacing "January 1, are stored" with "January 1, is stored" and by replacing "which are" with "which is" and in subsection (e), by replacing "80 percent or all of the value" with "80 percent, or all of the value". (19) Code Section 48-5-54, relating to application of homestead exemptions to properties with multiple titleholders and properties held by administrators, executors, or trustees, in subsection (b), by replacing "as long as" with "so long as". (20) Code Section 48-5-180, relating to rate of commissions, commissions where tax collector or tax commissioner is on salary, and commission from fee for sale or transfer of motor vehicle license and plate in certain counties, in subsection (a), by replacing "Net Digest Amount" with "Net Tax Digest Amount", in paragraph (c)(1), by replacing "according to the tax net digest" with "according to the net tax digest", and by deleting subsections (d) and (e), which are designated as reserved. (21) Code Sections 48-5-221 through 48-5-231, which are repealed, by designating said Code sections as reserved. (22) Code Section 48-5-269, relating to authority to promulgate rules and regulations regarding uniform books, records, forms, and manuals, and limits on change in current use value of conservation use property, in subsection (b), by replacing "the Georgia Forestry Commission" with "the State Forestry Commission".

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(23) Code Section 48-5-272, which is repealed, by designating said Code section as reserved. (24) Code Section 48-5-299, relating to ascertainment of taxable property, assessments against unreturned personal property, penalty for unreturned property, and changing real property values established by appeal in prior year or stipulated by agreement, in paragraph (c)(3), by replacing "writing by the parties" with "writing by both parties". (25) Code Section 48-5-306, relating to annual notice of current assessment, contents, posting notice, and new assessment description, in subsection (f), by inserting the boldface catchline "Rules and regulations." following the subsection (f) designation. (26) Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals, in subparagraph (e)(2)(A), by deleting the boldface catchline; in subparagraphs (e)(2)(B), (e)(2)(C), and (e)(6)(A), by replacing "who" with "to whom" each time the term appears; and in paragraph (e)(9), by replacing "This subsection" with "This paragraph". (27) Code Section 48-5-342, relating to the commissioner examining tax digests, in paragraph (e)(2), by replacing "his or her finding and," with "his or her finding, and". (28) Code Section 48-5-402, relating to public utility property in school districts subject to school tax, returns to show fair market value of property, assessment and collection of school tax by commissioner, and contesting taxability, in subsection (d), by deleting "and Code Section 48-5-403". (29) Code Section 48-7-29.5, relating to tax credit for private driver education courses of minors, required documentation, and rules and regulations, in subsection (a), by replacing "'The Driver Training School License Act,'" with "'The Driver Training School and Commercial Driver Training School License Act,'". (30) Code Section 48-7-29.8, relating to tax credits for the rehabilitation of historic structures and conditions and limitations, in paragraph (g)(2), by replacing "subsection (d)" with "subsection (d) of this Code section". (31) Code Section 48-7-29.14, relating to income tax credit for clean energy property, in paragraph (b)(1), by replacing "provided, however, this" with "provided, however, that this". (32) Code Section 48-7-30, relating to taxation of nonresident's entire net income derived from activities within state, separate accounting possible, applicability, allowed deductions, and applicability of provisions for corporations to nonresidents, in subsection (a), by replacing "within this state including," with "within this state, including,". (33) Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, in subsection (d), by replacing "course work" with "coursework". (34) Code Section 48-7-40.26, relating to tax credit for film, video, or digital production in state, in paragraph (b)(5), by replacing "Chapter 7 of this title" with "this chapter" and in the undesignated text following subparagraphs (c)(2)(B) and (d)(2)(B), by replacing "Senate Economic Development Committee," with "Senate Economic Development and Tourism Committee,".

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(35) Code Section 48-8-3, relating to exemptions from state sales and use tax generally, in paragraph (30), by replacing "service-connected" with "service connected". (36) Code Section 48-8-15, relating to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered for residential heating, legislative findings, and power and duties of commissioner, in paragraphs (b)(1) and (b)(2), by replacing "Office of the Governor" with "office of the Governor" each time the phrase appears. (37) Code Section 48-8-16, relating to ratification of Executive Order on sale of dyed fuel oils, in subsections (b) and (c), by replacing "Office of the Governor" with "office of the Governor" each time the phrase appears. (38) Code Section 48-8-17, relating to suspension of collection of taxes on motor fuels and aviation gasoline and ratification of temporary suspension, in subsection (b), by inserting "as it existed on the effective date of this subsection" following "Code Section 48-9-14". (39) Code Section 48-8-18, relating to ratification of Executive Order on pharmaceuticals distributed without cost, in subsections (b) and (c), by replacing "Office of the Governor" with "office of the Governor" each time the phrase appears. (40) Code Section 48-8-111, relating to procedure for imposition of tax, resolution or ordinance, notice to county election superintendent, and election, in subsection (d), by replacing "imposing the tax" with "imposing the tax," and by replacing "otherwise the tax" with "otherwise, the tax", and in paragraph (e)(1), by replacing "otherwise such debt" with "otherwise, such debt". (41) Code Section 48-8-202, relating to requirement of municipal ordinance or resolution authorizing tax, voter approval, and form for ballot, in the ballot question in paragraph (c)(1), by deleting the quotation mark preceding "( ) NO". (42) Code Section 48-8-244, relating to election and ballot for special district transportation sales and use tax, in the ballot question in subsection (b), by deleting the quotation mark preceding "( ) NO". (43) Code Section 48-8-262, relating to notice, agreement memorializing levy and rate of tax, rate, and resolution required, in paragraph (c)(2), by replacing ".75 percent" with "0.75 percent". (44) Code Section 48-8-264, relating to timing of tax for special district mass transportation sales, in paragraph (c)(1), by replacing ".05 percent" with "0.05 percent". (45) Code Section 48-8-269.10, relating to procedures, conditions, and limitations for imposition of tax, in paragraph (c)(1), by replacing ".75 percent" with "0.75 percent" each time the term appears and by replacing ".05 percent" with "0.05 percent". (46) Code Section 48-8-269.22, relating to the creation of 159 special districts conterminous with geographical boundary of each county and applicability, in subsection (c), by replacing "coterminous" with "conterminous". (47) Code Section 48-8-269.25, relating to procedures, conditions, and limitations for imposition of tax, in paragraph (c)(1), by replacing ".75 percent" with "0.75 percent" each time the term appears and by replacing ".05 percent" with "0.05 percent" and at the end of paragraph (c)(2), by replacing the semicolon with a period.

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(48) Code Section 48-9-9, relating to reports of motor fuel deliveries, persons required to report, procedure, restrictions on delivery, and reports of unlicensed purchasers, in subsection (c), by replacing "transporting motor fuel of not more than five gallons" with "transporting not more than five gallons of motor fuel". (49) Code Section 48-9-16, relating to penalties and interest, untimely return, failure to pay, false or fraudulent returns, failure to file returns, and dyed fuel oil violations regarding motor fuel tax, in subsections (b) and (d), by deleting "or 48-9-14" and in the undesignated text at the end of subsection (e), by inserting a comma following "this subsection". (50) Code Section 48-11-4, relating to licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation, registration and inspection of vending machines, bond by distributor, jurisdiction, and licensing of promotional activities, in paragraph (c)(3), by replacing "Any dealer that follows" with "Any dealer who follows". (51) Code Section 48-11-5, relating to licensing of nonresident distributors, authorized use of stamps or metering machine, bond, amount, examination of records, service on agent, applicability of chapter to nonresident distributors, and reports of shipments, in paragraph (a)(1), by deleting the comma following "licensed dealers in this state". (52) Code Section 48-11-8, relating to prohibition of sale or possession of unstamped tobacco products, distributors to affix stamps or otherwise pay tax, payment of tax only once, and reports, in subsection (e), by replacing "within the state" with "within this state". (53) Code Section 48-11-9, relating to seizure as contraband of unstamped tobacco products, exceptions, sale at public auction, procedure, disposition of proceeds, hearing, bond, and contraband vending machines, in subparagraph (a)(2)(C), by replacing "outside the state" with "outside this state" and in paragraph (a)(3) and in subsections (b) and (c), by replacing "smokeless tobacco, or property" with "smokeless tobacco, or other property" each time the phrase appears. (54) Code Section 48-11-11, relating to records of distributors and dealers, stock of tobacco products, inspection by commissioner and agents, and inspection of records of transportation companies, carriers, and warehouses, in subsection (a), by replacing "at that licensed location" with "at such licensed location". (55) Code Section 48-11-12, relating to assessment of deficiencies and penalties for incorrect reports, nonpayment of tax, or purchase of insufficient stamps, assumption of illegal sale absent evidence to contrary, and penalty for deficiency due to fraud, in subparagraph (a)(1)(A), by replacing "licensed distributor or licensed dealer" with "licensed distributor or dealer" and in subparagraph (a)(1)(C), by replacing "licensed distributor or dealer's receipts" with "licensed distributor's or dealer's receipts". (56) Code Section 48-11-13, relating to tax on persons having tobacco products on which tax under Code Section 48-11-2 not paid, rate, and exemptions, in paragraphs (b)(4), (b)(5), and (b)(6), by replacing "the state" with "this state". (57) Code Section 48-11-14, relating to registration, reports, and tax payments of persons acquiring tobacco products subject to tax under Code Section 48-11-13, assessment of tax

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due from person failing to file or filing incorrect report, hearing, and penalties, in subsection (b), by replacing "him" with "him or her". (58) Code Section 48-11-15, relating to procedure for refund of taxes, cost price of affixed stamps, and tax on tobacco products unfit for sale, use, or consumption and destroyed or exported, by replacing "shipped out of the state" with "shipped out of this state". (59) Code Section 48-11-19, relating to powers and duties of special agents and enforcement officers of department, bond, duties following arrests, and retention of weapon and badge upon retirement, in subsection (a), by replacing "the state" with "this state". (60) Code Section 48-11-23.1, relating to additional requirements on the sale of tobacco products, seizure and forfeiture of contraband, and revocation of licenses, in paragraph (a)(1), by replacing "Federal" with "federal" and by replacing "15 U.S.C. Sec. 1331" with "15 U.S.C. Section 1331" and in paragraph (a)(4), by replacing "26 U.S.C. Sec. 5754" with "26 U.S.C. Section 5754". (61) Code Section 48-13-29, relating to compliance by counties and municipalities with provisions, electronic or mail application process, payment of fees, establishment of system of permitting not required, and plans or specifications by mail, in subsection (b), by replacing "Electronic mail" with "E-mail". (62) Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, by revising paragraphs (a)(3) through (a)(12), as follows:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of:
(A) Promoting tourism, conventions, and trade shows; (B) Supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) Supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) Supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) Supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if

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construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and if such facility was substantially completed and in operation prior to December 31, 1993; or (F) For some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes of subparagraphs (C) and (D) of this paragraph may be so expended in any otherwise lawful manner. (3.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center authority has been created by intergovernmental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facility before March 21, 1988, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) Promoting tourism, conventions, and trade shows; (B) Funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a trade and convention center, exhibit hall, conference center, performing arts center, accommodations facilities including food service, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) For some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 6 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local building authority created by local constitutional amendment, and a trade and convention center authority created by intergovernmental contract between a county and

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one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, secured in whole or in part by a pledge of a tax authorized under this Code section, 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 interests and rights of the holder 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 a building authority created by local constitutional amendment, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local constitutional amendment for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority created by local constitutional amendment to refund any prior obligation of the building authority created by local constitutional amendment, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph by a building authority created by local constitutional amendment. (3.2) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is substantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and is substantially funded by a state grant or grants authorized on or before January 1, 1996, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each

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fiscal year during which the tax is collected under this paragraph) an amount equal to 33 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization. In addition to the amounts required to be expended by this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of either marketing or operating trade and convention facilities. Marketing and operating expenditures may include a preopening marketing program for such a facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such a facility. In the event such facility is not constructed, collected funds may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph. (3.3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is substantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and which facility was completed and in operation prior to December 31, 1994, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend for the purpose of promoting tourism, conventions, and trade shows in each fiscal year during which the tax is collected under this paragraph an amount which is equal to (A) an amount which is not less than the amount which would have been spent if the tax rate had not been increased to 6 percent and if the same percentage of tax collections expended for such purposes during the immediately preceding fiscal year were expended for such purposes during the current fiscal year plus (B) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent. (3.4) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of:
(A) Promoting tourism, conventions, and trade shows; (B) Supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) Supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a

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written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) Supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) Supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and if such facility was substantially completed and in operation prior to December 31, 1993; or (F) For some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for the purposes specified in subparagraphs (C) and (D) of this paragraph may be so expended in any otherwise lawful manner. In addition to the amounts otherwise required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for promoting tourism, conventions, and trade shows. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities. (3.5) Notwithstanding the provisions of paragraph (1) of this subsection, a local consolidated government (within the territorial limits of the special district located within the county the boundary of which is conterminous with that of such local consolidated government) may levy a tax under this Code section at a rate of 6 percent. A local consolidated government levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of promoting tourism, conventions, and trade shows through a contract with a private sector nonprofit organization. In addition to the amounts thus required to be expended, a local consolidated government 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

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to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a civic center owned and operated by the local consolidated government. (3.6) Reserved.
(3.7)(A) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 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 government or local authority 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 prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (v) Supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and if such facility was substantially completed and in operation prior to December 31, 1993; or (vi) For some combination of such purposes. (B) Amounts expended pursuant to subparagraph (A) of this paragraph shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended pursuant to division (iii) or (iv) of subparagraph (A) of this paragraph may be so expended in any otherwise lawful manner. (3.8)(A) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 8 percent if there is located in such county or municipality an international horse park which was used in Olympic Games competition and which was in operation prior to January 1, 1999. A county or

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municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 4 percent for the purpose of:
(i) Promoting tourism, conventions, and trade shows; or (ii) Supporting a publicly owned facility operated for convention and trade show purposes or any other similar or related purposes. (B) Amounts expended pursuant to subparagraph (A) of this paragraph shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities. (C) In addition to the other amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 8 percent for the purpose of constructing, developing, supporting, and operating a nature center, nature park, wetlands education center, or nature museum for educational and recreational purposes or any other similar purposes. Amounts which are expended to meet the 16 2/3 percent expenditure requirement of this subparagraph shall not be subject to the provisions of subparagraph (B) of this paragraph requiring expenditure through a contract or contracts with certain entities. (4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was

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substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) construction or expansion of either: (i) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (ii) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (iii) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (iv) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (v) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (vi) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (vi) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (I) designate such historic district; (II) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under Section 501(c)(6) of the Internal Revenue Code; (III) provide a 'comprehensive plan' as

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provided for in Chapters 70 and 71 of Title 36; (IV) provide a transportation plan as a component of such comprehensive plan; and (V) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (vii) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (vii) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (I) designate such historic or downtown business district; (II) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualifies as a private sector nonprofit organization under Section 501(c)(6) of the Internal Revenue Code; (III) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (IV) provide a transportation plan as a component of such comprehensive plan; and (V) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2025; or (B) promoting tourism, conventions, and trade shows. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities. (4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 7 percent for the purpose of:
(A) Promoting tourism, conventions, and trade shows; (B) Funding and supporting a facility owned or operated by such coliseum authority; or

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(C) 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, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for the purpose of subparagraph (B) of this paragraph may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 12 percent. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, 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 a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local coliseum authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean a coliseum or other facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority. (4.2) Notwithstanding the provisions of paragraph (1) of this subsection, a local consolidated government (within the territorial limits of the special district located within the county the boundary of which is conterminous with that of such local consolidated government) may levy a tax under this Code section at a rate of 7 percent. A local consolidated government levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the

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amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent as follows: an amount equal to 28.58 of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows through a contract with a private sector nonprofit organization, an authority created by local Act of the General Assembly, or through a contract or contracts with any combination of such entities; an amount equal to 14.29 percent of the total taxes collected at the rate of 7 percent for the purpose of supporting a civic center owned or operated, or both, by the local consolidated government; and an amount equal to 14.29 percent of the total taxes collected at the rate of 7 percent for the purpose of maintaining and operating a performing arts facility. (4.3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) amounts as follows: an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows which amount shall be expended only through a contract or contracts with the state, a department of state government, a state authority, an authority created by local Act of the General Assembly, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities; and an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of supporting a conference and convention center facility or similar facility owned or operated by an authority created by local Act of the General Assembly for convention and conference center purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on or prior to July 1, 1997, and if such conference and convention center facility or similar facility is substantially completed and in operation prior to December 31, 2001, which amounts shall be expended only through a contract or contracts with the state or an authority created by local Act of the General Assembly. (4.4) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality or by a local authority created by local Act of the General Assembly for such purpose have been renovated which renovations are completed substantially on or before January 1, 2000, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization and an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of either marketing or operating community

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auditorium or theater facilities or a community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities. (4.5) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) amounts as follows:
(A) An amount equal to 28.58 percent of the total taxes collected 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 government or local authority for convention and trade show purposes or any other similar or related purposes; or (iv) 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, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for the purpose of division (iii) of this subparagraph may be so expended in any otherwise lawful manner; and (B) An amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of operating, maintaining, and marketing of a conference center facility. (4.6)(A) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a convention center authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 2001, for the purpose of owning or operating a facility may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 40 percent of the total taxes collected at the rate of 5 percent for the purpose of: (i) Promoting tourism, conventions, and trade shows; (ii) Funding and supporting a facility owned or operated by such convention and visitors authority; or (iii) For some combination of such purposes.

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Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention center authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for the purpose of division (ii) of this subparagraph may be so expended in any otherwise lawful manner without the necessity of a contract. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2037, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, 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 a convention center authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the terms 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a local convention center authority for the construction, renovation, and operation of a facility including, but not limited to, the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local convention center authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' shall mean a convention center or other facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local convention center authority. (B) Notwithstanding any other provision of this subparagraph, a municipality located within a standard metropolitan statistical area recognized by the United States Department of Commerce, Bureau of the Census, which is levying a tax at a rate of 5 percent pursuant to paragraph (3) of this subsection on or before January 1, 1999, and in which an interstate highway is located, shall, on and after April 28, 1999, be authorized to levy and collect a tax under this Code section at a rate of 6 percent. A municipality levying a tax pursuant to this subparagraph shall expend, in each fiscal year during which the tax is collected under this subparagraph, an amount equal to the amount by which the total taxes collected under this subparagraph exceed the taxes which would have been collected at the rate of 5 percent for the purpose of dispensing

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information about the qualities of such municipality and promoting business in the municipality and to acquire for such use a building located in an area of high density retail businesses within the limits of such municipality. During any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this subparagraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this subparagraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this subparagraph 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 a convention center authority, shall constitute a contract with the holder of such obligations. (4.7) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is substantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and is substantially funded by a state grant or grants authorized on or before January 1, 1996, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 28.6 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization. In addition to the other amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 14.3 percent of the total taxes collected at the rate of 7 percent for the purpose of either marketing or operating trade and convention facilities which are managed or operated by the Georgia International and Maritime Trade Center Authority. Marketing and operating expenditures may include a preopening marketing program for such a facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such a facility. In the event such facility is not constructed, such 14.3 percent may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph. In addition to the amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 14.3 percent of the total taxes collected at the rate of 7 percent for the purpose of planning, constructing, marketing, or operating an attraction honoring the inventor of the cotton gin. Marketing and operating expenditures may include a preopening marketing program

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for such facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such facility. In the event such facility is not constructed, such 14.3 percent may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph.
(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 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

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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 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 that: (i) 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) Such successor facility will be located on property owned by the state authority; and (iii) 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

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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 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. (5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) Promoting tourism, conventions, and trade shows; (B) Funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) For some combination of such purposes;

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provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, secured in whole or in part by a pledge of a tax authorized under this Code section, 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 interests and rights of the holder 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 a local coliseum and exhibit hall authority or a downtown development authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph by a local coliseum and exhibit

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hall authority or a downtown development authority; and 'downtown development authority' shall mean a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment.
(5.2)(A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 8 percent. (B) A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 33 1/3 percent of the total taxes collected at the rate of 8 percent under this subparagraph for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization. (C) In addition to the amounts required to be expended pursuant to subparagraph (B) of this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 8 percent for the purpose of either marketing or operating community auditorium or theater facilities or a community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities. (D) In addition to the amounts required to be expended pursuant to subparagraphs (B) and (C) of this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 33 1/3 percent of the total taxes collected at the rate of 8 percent for general recreation purposes. Amounts so expended shall be expended only through a contract or contracts with a recreation authority created by local Act of the General Assembly. (5.3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within such a county in which a convention and visitor's bureau authority has been created by local Act of the General Assembly which was in existence on July 1, 2005, and which authority is established specifically by such local Act as a permissible, but not exclusive, entity for the transfer of hotel and motel tax funds by the taxing entities of the county for which such authority was created may levy a tax under this Code section at a rate of 5 percent.

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(B) The provisions of paragraph (2) of this subsection relating to expenditures shall apply to this paragraph; provided, however, that a county or municipality levying a tax pursuant to this paragraph shall be authorized, but not required, to expend funds through a convention and visitor's bureau authority created by local Act of the General Assembly. (6) Following the termination of a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall levy any future taxes under this Code section in a manner authorized by subsection (b) of this Code section. (7) As used in this subsection, the term: (A) 'Fund' and 'funding' mean the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium and a successor facility to such multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. (B) 'Obligation' means bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 30 years. (C) 'Multipurpose domed stadium facility' means a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof. (8) Reserved. (9)(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall, prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed, adopt a budget plan specifying how the proceeds of the tax shall be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B)(i) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall be made for each fiscal year beginning on or after

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July 1, 1987, and, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7 and shall disclose:
(I) The amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection, whichever is applicable, during the fiscal year; (II) The amount of tax receipts under this Code section during such fiscal year; and (III) Expenditures as a percentage of tax receipts. (ii) A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. If the audit required by Code Section 36-81-7 identifies noncompliance with the applicable expenditure requirements of this Code section, such noncompliance shall be reported in accordance with paragraph (2) of subsection (c) of Code Section 36-81-7. The state auditor shall report all instances of noncompliance with this subparagraph noted in the audit report to the Department of Community Affairs upon completion of the report review required by paragraph (2) of subsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local government's auditor pertaining to noncompliance with this subparagraph to the Department of Revenue. The Department of Community Affairs shall submit a copy of such documents to the performance review board. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection."

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-3-2, relating to appointment of county board members, terms, vacancies, per diem and expenses, and the role of county board, in subsection (e), by replacing "temporary assistance for needy families" with "Temporary Assistance for Needy Families" and "supplemental nutrition assistance program" with "Supplemental Nutrition Assistance Program". (2) Code Section 49-5-4.1, relating to establishment of a child welfare agency public scorecard, in subsection (c), by replacing "inspection or," with "inspection, or".

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(3) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies, standards, revocation or refusal of license, penalties, and violations, in subsection (b), by deleting ", as defined in subsection (a) of this Code section,". (4) Code Section 49-5-12.3, relating to definitions and the annual inspection of child welfare agencies, in subsection (b), by replacing "results of annual inspection" with "results of the annual inspection". (5) Code Section 49-5-40, relating to definitions, confidentiality of records, and restricted access to child abuse records, in subparagraph (a)(4)(A), by replacing "United States including" with "United States, including" each time the phrase appears. (6) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse records, in paragraph (a)(1), by replacing "such entity, that" with "such entity that", in division (a)(5)(C)(i), by replacing "department, or in the absence" with "department or, in the absence", in paragraph (a)(10), by replacing "the commissioner of the department" with "the commissioner", and in subsection (f), by replacing "record" with "records" each time the term appears. (7) Code Section 49-6-61, relating to definitions regarding community care and services for the elderly, in paragraph (2), by replacing "the Georgia Medical Assistance Act of 1977." with "the 'Georgia Medical Assistance Act of 1977.'"

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Code Section 50-3-88, relating to definitions and designation of the adoptable dog as the official state dog, in subsection (a), by replacing "As used in this Code section:" with "As used in this Code section, the term:". (2) Code Section 50-5-85, relating to state prohibited from entering into certain contracts with or without certification that boycott of Israel not to be conducted by other party, in subsection (c), by replacing "Subsection (a)" with "Subsection (b)". (3) Code Section 50-5C-6, relating to termination for default, assumption of responsibilities and duties, eminent domain power not delegated, and other powers, in subsection (b), by replacing "the right, title, and interest" with "the rights, title, and interest". (4) Code Section 50-8-18, relating to energy efficient construction of major state-funded facility projects, short title, legislative findings, and "major facility project" defined, in subsection (c), by replacing "For purposes of this Code section," with "For purposes of this Code section, the term". (5) Chapter 18, relating to state printing and documents, by redesignating Code Section 50-18-75, relating to confidentiality of communications between the Office of Legislative Counsel and certain persons, as Code Section 28-4-3.1 and replacing the term "this article" with "Article 4 of Chapter 18 of Title 50" in said Code section. (6) Code Section 50-27-87.1, relating to unfair methods of competition and unfair and deceptive acts, in paragraph (4), by replacing "as any incentive" with "as an incentive".

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SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in: (1) Code Section 51-14-1, relating to legislative findings and purpose regarding asbestos and silica claims, in paragraph (a)(1), by replacing "1980's" with "1980s", and in paragraph (a)(2), by replacing "1970's" with "1970s".

Reserved.

SECTION 52.

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 2016 supplements to the Official Code of Georgia Annotated published under authority of the state in 2016 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 2016 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 2017 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.

SECTION 55. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as provided in subsection (b) of this section.
(b)(1) The amendment to paragraph (a)(2) of Code Section 40-5-64 made by paragraph (10) of Section 40 of this Act shall become effective on July 1, 2017; (2) The amendment to subsection (a) of Code Section 40-5-66 made by paragraph (11) of Section 40 of this Act shall become effective on July 1, 2017; and (3) The amendment to subsection (c) of Code Section 49-5-4.1 made by paragraph (2) of Section 49 of this Act shall become effective on the earlier of March 1, 2017, or the effective date of this Act in subsection (a) of this section.

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

Approved May 9, 2017.

__________

ALCOHOLIC BEVERAGES REVISE CERTAIN REFERENDUM REQUIREMENTS FOR MANUFACTURE, DISTRIBUTION, AND SALE OF ALCOHOLIC BEVERAGES.

No. 277 (House Bill No. 485).

AN ACT

To amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to remove the requirement that a referendum election be held prior to the

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issuance of licenses for the manufacture or distribution of distilled spirits; to change certain provisions relating to the procedures for calling and conducting certain referendum elections and nullifications thereof; 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 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, is amended by adding a new Code section to Article 2, relating to state license requirements and regulations for manufacture, distribution, and package sales, to read as follows:
"3-4-24.2. The commissioner may issue licenses for the manufacture or distribution of distilled spirits in any county or municipality of this state in which licenses for such activity have been authorized and issued in accordance with the adoption of a resolution or ordinance by the local governing authority of such county or municipality. The local governing authority of a county or municipality issuing licenses pursuant to this Code section shall within its jurisdiction have the authority to determine the location of any licensed businesses, not inconsistent with this title."

SECTION 2. Said chapter is further amended by revising Article 3, relating to local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, as follows:

"ARTICLE 3

3-4-40. Licenses for the package sale of distilled spirits shall be authorized only in those counties and municipalities in which the issuance of such licenses is approved by a referendum election as provided in this article.

3-4-41. (a) A referendum election to authorize the issuance of licenses for the package sale of distilled spirits may be initiated upon written petition containing the signatures of at least 35 percent of the registered and qualified voters of any municipality or county being filed with the election superintendent of the county or municipality. Such superintendent, upon validation of the petition, shall be required to call and conduct a referendum election as provided for in Chapter 2 of Title 21, the 'Georgia Election Code,' for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be permitted or prohibited. Such petition shall not be amended,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

supplemented, or returned after its presentation to the appropriate authority. Validation shall, for the purposes of this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter. (b) For purposes of this Code section, the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the referendum election for not less than 30 nor more than 60 days after the call. The referendum may be held as a special referendum election or may be held at the time of holding any other primary or election in such county or municipality if such other primary or election is to be held not more than 60 days after the call. (c) Notice of the call for the referendum election shall be published by the election superintendent in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum election to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality, once a week for two weeks immediately preceding the date of the referendum election. (d) Following the expiration of two years after any referendum election is held which results in the disapproval of sales as provided in this article, another referendum election on this question shall be held if another petition, as provided in subsection (a) of this Code section, is filed with the appropriate election superintendent.

3-4-42. (a) The ballot used in any referendum election held pursuant to Code Section 3-4-41 shall have written or printed thereon:
'( ) YES Shall the issuance of licenses for the package sale of distilled spirits be ( ) NO approved?' (b) Those desiring to vote in favor of the issuance of the licenses shall vote 'Yes.' Those desiring to vote against the issuance of the licenses shall vote 'No.'

3-4-43. County elections shall be held according to Chapter 2 of Title 21, the 'Georgia Election Code,' and may be held as a special election or at the time of holding any other special or general primary or special or general election in the county. Municipal elections shall be held according to Chapter 2 of Title 21, the 'Georgia Election Code,' and may be held as

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a special election or at the time of holding any other special or general primary or special or general election in the municipality.

3-4-44. It shall be the duty of the election superintendent of the county or the municipality, as the case may be, to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.

3-4-45. If a majority of the votes cast in a referendum election held pursuant to Code Section 3-4-41 are in favor of the issuance of licenses for the package sale of distilled spirits, then the package sale of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the date of the certification of the results by the election superintendent; otherwise, the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be prohibited.

3-4-46. (a) In any county or municipality which has at any time held a referendum election in accordance with this article, resulting in the approval of the issuance of licenses for the package sale of distilled spirits, the election superintendent of the county or municipality shall, upon the filing of a petition as provided in subsection (a) of Code Section 3-4-41, proceed to call another referendum election in the same manner as provided in this article for the purpose of nullifying the previous referendum election result. (b) In the event an election referendum is held pursuant to subsection (a) of this Code section and a majority of the votes cast are against the issuance of licenses for the package sale of distilled spirits, then no new licenses for the package sale of distilled spirits within the political subdivision conducting the referendum shall be issued and any existing licensee issued a license for the package sale of distilled spirits shall be prohibited, effective upon the expiration of such license, from engaging in any package sales of distilled spirits within the political subdivision. (c) No election held pursuant to this Code section shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for such purpose under this article.

3-4-47. (a) A municipality or county may adopt resolutions and ordinances, consistent with this title, as may fall within the police powers of the municipality or county to regulate any business described in this chapter; provided, however, that on and after July 1, 1997, no municipality or county shall authorize the location of a new retail package liquor licensed

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place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license. Nor shall the restriction of this subsection apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. (b) The local governing authority of a municipality or county issuing licenses pursuant to this article shall within its jurisdiction have the authority to determine the location of any retail business it licenses, not inconsistent with this title.

3-4-48. The annual license fee to be charged by a municipality or county pursuant to this article shall not be more than $5,000.00 for each license.

3-4-49. Any municipality which lies wholly or partially within a county which has approved the manufacture, distribution, or package sale of distilled spirits in a county-wide referendum election as provided in this article and which, on January 1, 1985, was issuing licenses permitting the manufacture, distribution, or package sale of distilled spirits shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the manufacture, distribution, or package sale of distilled spirits."

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 9, 2017.

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STATE HIGHWAY SYSTEM PORTIONS DEDICATED.

No. 279 (Senate Resolution No. 204).

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, Mr. Kyle Gilbert 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 protecting his fellow Americans, and was killed in Afghanistan; and

WHEREAS, a graduate of Mill Creek High School, Mr. Gilbert was a junior leader of his battalion and his commendations included the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, and the Army Service Ribbon; and

WHEREAS, Mr. Gilbert 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. Gilbert will long be remembered for his love of family and friendship, and this loyal son, brother, and friend will be missed by all who had the great fortune of knowing him; and

WHEREAS, Mr. Gilbert 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.

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PART II WHEREAS, the State of Georgia lost one of its finest citizens and civil rights activists on August 15, 2015, with the passing of Mr. Horace Julian Bond; and

WHEREAS, Mr. Bond was born in Nashville, Tennessee, and raised in Pennsylvania while his father served as the first African American president of Lincoln University; and

WHEREAS, he attended Morehouse College in Atlanta, where he helped found The Pegasus, a literary magazine, and worked as an intern at TIME magazine; and

WHEREAS, during his time at Morehouse College, Mr. Bond was a founding member of the Committee on Appeal for Human Rights, led nonviolent student protests against segregation in Atlanta parks, restaurants, and movie theaters, and helped form the Student Nonviolent Coordinating Committee in Raleigh, North Carolina; and

WHEREAS, Mr. Bond was voted into the Georgia House of Representatives in 1965 but could not take his seat until court ordered action in 1967 because the legislature refused to swear him in due to his vocal opposition to the Vietnam War; and

WHEREAS, he served in the House of Representatives until 1975 and went on to serve in the Georgia Senate from 1975 to 1986, sponsoring more than 60 bills that were ratified into law during his tenure with the General Assembly; and

WHEREAS, Mr. Bond served as president of the Southern Poverty Law Center from 1971 to 1979 and was an active member of the National Association for the Advancement of Colored People from 1998 to 2010; and

WHEREAS, he served as a commentator for NBC's "Today" show, wrote a national newspaper column, and produced poems that have appeared in publications such as the Nation and the New York Times; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART III WHEREAS, Samuel L. and LaTanya Jackson have long been recognized for their talent on stage and ability to bring joy and delight to audiences; and

WHEREAS, a native of Atlanta, Georgia, LaTanya Richardson Jackson was a student at Spelman College when she met her husband, Samuel, while he was attending Morehouse College; and

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WHEREAS, Samuel has appeared in more than 100 films and is one of Hollywood's most respected actors, with an incredible career spanning five decades; and

WHEREAS, he is cool like Fonzie, starring as Jules, the philosopher hit man, in the cult classic Pulp Fiction and appearing in numerous other Quentin Tarantino films, including The Hateful Eight, Kill Bill, and Django Unchained; and

WHEREAS, his depth as an actor can be further demonstrated by his wide-ranging roles in movies such as Jackie Brown, Jurassic Park, The Long Kiss Goodnight, A Time to Kill, The Incredibles, Do the Right Thing, Snakes on a Plane, and the Avengers and Star Wars series; and

WHEREAS, a standout actress in her own right, LaTanya starred in the 2003 musical The Fighting Temptations and was nominated for a Tony Award for Best Lead Actress in a Play for her role in the 2013 performance of A Raisin in the Sun; and

WHEREAS, they are blessed with one remarkable daughter, Zoe Jackson, who is a freelance film and television producer; and

WHEREAS, it is abundantly fitting and proper that the members of this body recognize the lives and careers of these distinguished individuals by dedicating a road in their honor.

PART IV WHEREAS, the Berrong family of Towns County, Georgia, has a rich history and tradition of service to the community; and

WHEREAS, Mr. Jay Berrong served as a guardian of this nation's freedom and liberty with the United States military during World War II and was captured as a prisoner of war; and

WHEREAS, several members of the Berrong family sacrificed their own safety and comfort to protect and serve this nation in the military; and

WHEREAS, Mr. Kris Berrong continues his family's tradition of service as a member of the Hiawassee City Council; and

WHEREAS, Mr. Sanford Berrong ran the town store in High Tower while the Titus post office was operated by Mr. Homer Berrong; and

WHEREAS, generations of the Berrong family have lived their entire lives near the bridge on SR 2/US 76 near Clayton Mountain Road; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, some of Towns County's first educators were members of the Berrong family while Mr. Darren Berrong serves as the current superintendent for Towns County high schools; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgia family be recognized appropriately by dedicating a bridge in their honor.

PART V WHEREAS, Mr. Tyler Perry was born on September 13, 1969, in New Orleans, Louisiana; and

WHEREAS, in 1998, his first musical, I Know I've Been Changed, premiered at the famous Fox Theatre in Atlanta; in 2005, his first feature film, Diary Of A Mad Black Woman, debuted at number one; and in 2006, he released his first book, Don't Make A Black Woman Take Off Her Earrings: Madea's Uninhibited Commentaries On Life And Love, which remained on the New York Times bestseller list for eight weeks; and

WHEREAS, in 2007, Mr. Perry's comedic talents delighted audiences worldwide with the TBS series House of Payne and later with the series Meet the Browns, which were the highest and second highest rated first-run syndicated cable shows of all time, respectively, and he currently has four television series on Oprah Winfrey's network, OWN; and

WHEREAS, in 2008, he revitalized Delta Airlines' former headquarters and opened a 200,000 square foot studio in Atlanta that employs hundreds of Georgians, and in 2015, Mr. Perry bought 330 acres of the former military base, Fort McPherson, on which he will restore and construct state-of-the-art facilities that will open the door for local business opportunities and job creation in the motion picture and television industry; and

WHEREAS, Mr. Perry strongly supports our state and national communities through charities such as Feeding America, Covenant House, Hosea Feed the Hungry, Project Adventure, Perry Place, and his own foundation, the Tyler Perry Foundation, which transforms tragedy into triumph by empowering economically disadvantaged youths, seniors, and families to overcome adversity by achieving a better quality of life; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART VI WHEREAS, Mr. Tyrus Raymond "Ty" Cobb is considered by many to be the greatest baseball player in American history; and

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WHEREAS, Mr. Cobb used his speed and precision hitting to earn the highest batting average in the history of the game with .367; and

WHEREAS, the eldest of three children, he grew up in Royston, Georgia, under the watchful eyes of his father, who was a schoolteacher, principal, newspaper publisher, state senator, and county school commissioner; and

WHEREAS, in his 24 seasons of playing baseball, he broke .300 batting average an incredible 23 times; and

WHEREAS, he played a majority of his career with the Detroit Tigers, was a leader in runs scored with 2,245, and took the Tigers to the World Series in 1907; and

WHEREAS, Mr. Cobb was the Baseball Hall of Fame's first inductee in 1936; and

WHEREAS, a generous philanthropist, Mr. Cobb donated funding to build a 24 bed hospital in Royston and $100,00.00 for college scholarships for needy students in Georgia through the Ty Cobb Educational Foundation; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART VII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Deputy Cruz Thomas; and

WHEREAS, Deputy Thomas' life was tragically cut short in the line of duty while protecting and serving the citizens of Franklin County; 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 a road in his honor.

PART VIII WHEREAS, Chief W. Lynn Taylor served as the Director of Public Safety and Chief of Police for Waycross, Georgia, from 1978 until 2001; and

WHEREAS, Chief Taylor returned to public service after his retirement from law enforcement in 2001 to serve as city commissioner from 2004 to 2007; and

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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.

PART IX WHEREAS, Mrs. Annie Lou Glover was born on February 21, 1899, in Milledgeville, Georgia, a beloved daughter of Charles and Mary Washington; and

WHEREAS, the eldest of 11 children and the granddaughter of slaves, Mrs. Glover graduated valedictorian of Eddy High School in Baldwin County and attended Spelman Seminary; and

WHEREAS, Mrs. Glover dedicated her time, talents, and energy toward challenging and inspiring the future leaders of this state as an educator in Dublin, Jasper County, and Baldwin County, where she walked four and one-half miles each day to teach; and

WHEREAS, she was hired in 1934 to teach in Camden County, earned distinction as Teacher of the Year in 1962, and retired from the education system after 49 years of dedicated service; and

WHEREAS, Mrs. Glover continued to strengthen her own education throughout her career, earning a bachelor's degree from Fort Valley State College; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in her honor.

PART X WHEREAS, Mr. E. A. Welch, Jr., served as a guardian of this nation's freedom and liberty with the United States military during World War II; and

WHEREAS, in 1960, he began his career serving the people of Taylor County as a school bus driver and he went on to serve as Transportation Director until an automobile accident in 2000; and

WHEREAS, his leadership and vision were instrumental as a Taylor County commissioner for six years and as a member of the Taylor County Board of Family and Children Services for 16 years; and

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WHEREAS, a man of deep and abiding faith, Mr. Welch was a deacon at Trinity Free Will Baptist Church and was a Gideon who helped spread the Word of God by distributing Gideon Bibles; and

WHEREAS, he diligently and conscientiously devoted his time, talents, and energy as a member of the Masonic Lodge; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART XI WHEREAS, Mr. Frank "Poppa D." Delaney, Jr., was employed by the Thomas County School System in 1969 and assigned to East Ochlocknee School where he served as teacher and acting principal; and

WHEREAS, following the full integration of schools in Thomas County in 1970, he served as a math teacher at Central High School in Thomas County until he was named assistant principal in 1972; and

WHEREAS, he was instrumental in being a strong public example, as well as working diligently behind the scenes, to help ensure a smooth transition for Thomas County's families and their children and was one of the primary steadying forces during the tumultuous years of school desegregation; and

WHEREAS, he served as high school assistant principal from 1972 to 1993, earning the love, respect, and admiration of thousands of Thomas County students; and

WHEREAS, in 1993, he was named principal of Thomas County Central High School, devotedly leading thousands of children of Thomas County, until his retirement in 2008; and

WHEREAS, when called upon by the school district in a time of need, he returned to the school system in 2011 to serve Thomas County Central High School as dean of students and principal emeritus; and

WHEREAS, he has led students, teachers, and the community at large with his uncanny wisdom, his powerful sincerity, and his gracious good humor; and

WHEREAS, affectionately known by the entire county as "Poppa D.," Mr. Delaney is considered one of the cornerstones of community influence by all of the citizens within Thomas County; and

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WHEREAS, the citizens of Thomas County desire to establish a lasting tribute to one whose career spans nearly half a century and has become part of the very fabric of Thomas County, born and raised on Pebble Hill Plantation and spending his entire adult life working with the Thomas County School System; and

WHEREAS, he has steadfastly placed God and family as the centerpieces of his leadership philosophy, never shying away from an opportunity to lead people toward one while always making sure to include them as part of the other; and

WHEREAS, he has been honored by innumerable social and civic organizations for his invaluable service to tens of thousands of Thomas County citizens; and

WHEREAS, his legacy will continue to impact the development of Thomas County for many generations to come; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XII WHEREAS, several local governments and interested parties along Highway 15 have come together to form the Highway 15 Coalition in order to promote economic development and tourism along this important corridor; and

WHEREAS, Highway 15 traverses the state from the Tennessee state line to the Florida state line and is a traditional route for travelers to the Georgia coast, the Classic City of Athens, and on to the northeast Georgia mountains; and

WHEREAS, the Highway 15 corridor contains numerous features and stops promoted by both the Georgia Department of Tourism and the Highway 15 Coalition that may be enjoyed by travelers; and

WHEREAS, it abundantly fitting and proper that the Highway 15 corridor be dedicated as the Traditions Highway.

PART XIII WHEREAS, the Gordy family of Washington County, Georgia, has a rich history and tradition of service to the community; and

WHEREAS, Mr. Berry Gordy, Jr., is the founder of the Motown Record Corporation, which produced music from such superstar artists as the Supremes, Marvin Gaye, the Temptations,

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Jimmy Ruffin, the Contours, the Four Tops, Gladys Knight and the Pips, the Commodores, the Velvelettes, Martha and Vandellas, Stevie Wonder, and the Jackson 5; and

WHEREAS, generations of the Gordy family have lived Washington County; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished family be recognized appropriately by dedicating a road in their honor.

PART XIV WHEREAS, Mr. William Augustus "Bill" Kelly was born on February 3, 1926, the beloved son of Annie Sue Griffin Kelly and Dr. George Washington Kelly, Sr.; and

WHEREAS, a native of Athens, Mr. Kelly graduated from Elberton High School and was attending Emory University when he was drafted to serve as a guardian of this nation's freedom and liberty with the United States Army during World War II; and

WHEREAS, after serving his country in Japan, Mr. Kelly earned bachelor's and master's degrees from the University of Tennessee, where he was a member of Phi Kappa Phi Honor Society; and

WHEREAS, he had a successful career with the Elberton Granite Association, where he was instrumental in increasing membership, constructing and expanding the association's headquarters, expanding staffing, and spreading recognition of the association through establishment of an association magazine and erection of numerous exhibits; and

WHEREAS, Mr. Kelly was an active member of his community and his leadership was instrumental in his work with Rotary Club of Elberton, the Elberton Civic Center, the Elberton-Elbert County Hospital Authority, Elberton Country Club, and Elbert County Historical Society; and

WHEREAS, he was recognized with numerous honors and accolades, including Booster of the Year, Distinguished Service Award, Achievement Award, and Elbert County Ambassador Award from the Elbert County Chamber of Commerce; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART XV WHEREAS, Dr. O.B. Johnson, Jr., graduated from Waynesboro High School and earned a bachelor's degree from Emory University, where he was a member of Sigma Chi Fraternity; and

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WHEREAS, he graduated from Emory University School of Medicine, completed his postgraduate medical training at the University of Alabama, and was board certified in internal medicine and geriatrics; and

WHEREAS, Dr. Johnson served as a guardian of this nation's freedom and liberty with the United States Army in Vietnam, and his commitment and service were recognized with numerous accolades, including a Purple Heart, Combat Medical Badge, Army Commendation Medal, Bronze Star, National Defense Service Medal, Vietnam Service Medal, and Air Medal; and

WHEREAS, a man of deep and abiding faith, Dr. Johnson was a member of First United Methodist Church, where he served as chair and a member of the administrative board and was active in the Chancel Choir and Progressive Sunday School Class; and

WHEREAS, Dr. Johnson was a lifelong Republican, serving as a page at the 1957 Republican Convention in San Francisco, the chair of the Laurens County Republican Party from 2007-2009, and a delegate to the 2008 Republican Convention; and

WHEREAS, after retiring from medicine in 2003, Dr. Johnson became passionate about the field of forestry, attended classes at the Warnell School of Forest Resources in Athens, was designated as a Certified Tree Farmer, and received the Forest Steward Award; and

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

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory.

PART XVI WHEREAS, east, central, and southeast Georgia are some of the few remaining areas in the United States where there are miles of rural landscape, historic small towns, and abundant agricultural operations; and

WHEREAS, the promotion of agritourism represents a readily available and effective tool for spurring economic development; and

WHEREAS, the portion of highway to be included in Georgia Grown Trail: 1 (U.S. Highway 1) winds through eight counties with miles of family owned farms, unique lodging, u-pick farms, farm stands, farm murals, hands-on educational farm experiences, farm-to-table

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restaurants and establishments dedicated to preserving and sharing local recipes and traditions, and time honored and progressive crops and farming techniques; and

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

PART XVII WHEREAS, Mr. James "Jim" V. Ham was born on June 2, 1961, in Monroe County, Georgia, the beloved son of Philip Benson Ham, Sr., and Elsi Sanders Ham; and

WHEREAS, a graduate of Mary Persons High School, Mr. Ham attended Gordon College and the University of Georgia; and

WHEREAS, along with his father and brother, Mr. Ham established Sleepy Creek Farms, a cattle farm that helped bolster the economy of Monroe County by bringing national recognition to the area through innovations in cattle farming techniques; and

WHEREAS, his leadership and guidance were instrumental to numerous organizations, including the Georgia Farm Bureau, Monroe County Farm Bureau, Middle Georgia Cattlemen's Association, and the Agricultural and Rural Affairs Committee of the Association County Commissioners of Georgia; and

WHEREAS, Mr. Ham was appointed to the State Water Planning Council, was a founding member of the Two Rivers Rural Conservation and Development, and served as supervisor and director with the Towaliga Soil and Water Conservation District, president of the Georgia Association of Conservation District Supervisors, president of the Association County Commissioners of Georgia, and as a member of the Agricultural Affairs Committee for the National Association of Counties; and

WHEREAS, he was elected as a Monroe County Commissioner for District 2 in 1987, adeptly representing his constituents and serving the county with dedication and excellence; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XVIIA WHEREAS, Mr. Bernard F. Miles was 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

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WHEREAS, Mr. Miles 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 Richmond County Board of Education and as a member of the Georgia House of Representatives; and

WHEREAS, he began his career with Feedwright Milling Company, opened a local grocery store in Augusta, and founded the Richmond County newspaper; and

WHEREAS, a successful entrepreneur and businessman, Mr. Miles was also the owner of Fleming Tractor and Equipment Corporation and Fleming Fuel Oil Company; and

WHEREAS, he was an early advocate and board member for Teen Town, helped start the Fleming Community Center, and was a member of the board of directors for Richmond County Bank; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XVIII WHEREAS, Mrs. Annie Mae Collins Maddox was born on September 21, 1906, in Toccoa, Georgia, and passed away on September 23, 1993; and

WHEREAS, she married James Pearman Maddox and lived her life full of love of God and family, civic activities related to her fellow man, and a professional life in her beloved courthouse in Jefferson, Georgia; and

WHEREAS, Mrs. Maddox dedicated over 33 years to the citizens of Jackson County as an employee in the tax collector's office and as the voter registrar; and

WHEREAS, while serving as the voter registrar, Mrs. Maddox was the selective service secretary for Jackson County during the Vietnam War, handling the job with grace during a time when she was often criticized due to the unpopularity of the war; and

WHEREAS, Mrs. Maddox was a woman of deep and abiding faith as a devoted member of the United Methodist Church, organizing the United Methodist Women for the Nicholson United Methodist Church, serving as secretary for the charge conference of the United Methodist Athens Elberton District for many years, and teaching young parishioners as a Sunday school teacher; and

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WHEREAS, she was a member of the Eastern Star organization, was a great supporter of public schools, and worked with her husband running a canning plant for the community during World War II; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in her honor.

PART XIX NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 20 from I-985 to State Route 13 in Gwinnett County is dedicated as the Kyle Gilbert Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 129 from Cascade Road to State Route 14 (Whitehall Street) in Fulton County is dedicated as the Julian Bond Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of the State Route 3 Connector from State Route 3/Northside/Metropolitan to State Route 14/154 Peters Street in Fulton County is dedicated as the Samuel L. and LaTanya Jackson Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on SR 2/US 76 located near Clayton Mountain Road running from Rabun County into Towns County is dedicated as the Berrong Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Lee Street from the West End Mall to the entrance of Fort McPherson in Fulton County is dedicated as the Tyler Perry Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bypass in the City of Royston (SR 17/BU/Hart to SR 17/BU/Franklin) in Franklin and Hart Counties is dedicated as the Tyrus Raymond "Ty" Cobb Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Highway 17 from the southern city limit of Canon to the northern city limit of Canon in Franklin County is dedicated as the Deputy Cruz Thomas Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 4/US 1 South at South Point Mall and the Waycross Market Place entrances in Ware County is dedicated as the Lynn Taylor Crossing.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route Spur (E. 10th Street) from SR 25/US 17 to Cypress Drive in Camden County is dedicated as the Annie Lou Glover Boulevard.

BE IT FURTHER RESOLVED AND ENACTED that the bridge over Whitewater Creek, southwest of the City of Butler on SR 137 in Taylor County, is dedicated as the E. A. Welch, Jr., Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of US Highway 84 Bypass from Thomas County Central High School to Thomas County Middle School in Thomas County is dedicated as the Frank "Poppa D." Delaney, Jr., Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 15 from the Hancock County line to the Appling County line through Washington, Johnson, Treutlen, Montgomery, and Toombs counties is dedicated as the Traditions Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 272 from Highway 24 (Fall Line Freeway) to Highway 68 in Washington County is dedicated as the Gordy Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 72 over the Broad River at the Elbert/Madison County line is dedicated as the William A. Kelly Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of the U.S. 441 Bypass and Claxton Dairy Road in Laurens County is dedicated as the Dr. O.B. Johnson, Jr., Major, U.S. Army Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 1 beginning at the Georgia and South Carolina state line in Richmond County through Jefferson, Emanuel, Toombs, Appling, Bacon, and Ware counties to the Florida state line in Charlton County is dedicated as the Georgia Grown Trail: 1 (U.S. Highway 1).

BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia Highway 19/41 from Montpelier Road to Shi Road in Monroe County is dedicated as the James "Jim" V. Ham Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 25 between Lumpkin Road and I-520 in Richmond County is dedicated as the Bernard F. Miles Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 15A and Highway 335 in Jackson County is dedicated as the Annie Mae Maddox Memorial Intersection.

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

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 Samuel L. and LaTanya Richardson Jackson, the Berrong family, Mr. Tyler Perry, Mr. Frank "Poppa D." Delaney, Jr., and the Gordy family; and to the families of Mr. Kyle Gilbert, Mr. Horace Julian Bond, Mr. Tyrus Raymond "Ty" Cobb, Deputy Cruz Thomas, Chief W. Lynn Taylor, Mrs. Annie Lou Glover, Mr. E. A. Welch, Jr., Mr. William Augustus "Bill" Kelly, Dr. O.B. Johnson, Jr., Mr. James "Jim" V. Ham, Mr. Bernard F. Miles, and Mrs. Annie Mae Collins Maddox.

Approved May 9, 2017.

__________

STATE HIGHWAY SYSTEM PORTIONS DEDICATED.

No. 280 (House Resolution No. 25).

A RESOLUTION

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

PART I WHEREAS, Senior Airman Tre Francesco Porfirio was born on October 8, 1988, in Knoxville, Tennessee, and graduated from Camden County High School in 2007; and

WHEREAS, Senior Airman Porfirio served as a guardian of this nation's freedom and liberty with the United States Air Force and was halfway through his first six-month deployment in Afghanistan when he was shot three times in the back while his unit was installing communication lines; and

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WHEREAS, the bullets shattered his stomach and he underwent several surgeries before the doctors at Walter Reed Army Medical Center determined that removal of his pancreas was necessary; and

WHEREAS, in a groundbreaking procedure, Senior Airman Porfirio's doctors removed his bullet-ridden pancreas and flew the organ to the University of Miami where doctors harvested islet cells which were then flown back to Walter Reed and transferred into his liver; and

WHEREAS, this procedure, considered by many to be a medical miracle, allowed his liver to produce insulin needed to prevent Senior Airman Porfirio from developing a severe case of diabetes; and

WHEREAS, exactly one year to the day after sustaining his life-threatening injuries in Afghanistan, Senior Airman Porfirio passed away in Missouri while visiting friends; and

WHEREAS, he left behind many who cherish his life and memory, including his son, Landon; father, Karl; and brothers, Damian, Paul, Adam, and T.J.; and

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

PART II WHEREAS, Mr. Emmett R. "Whitey" Lollis has long been recognized for the vital role he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, in 1944 and before the completion of ninth grade, Mr. Lollis dropped out of school to join the United States Marine Corps; and

WHEREAS, after his discharge from military service in 1947, Mr. Lollis joined the state highway department as a rodman on a staking/survey party, where he worked for two years before being called back into the service at the start of the Korean Conflict; and

WHEREAS, Mr. Lollis returned to the state highway department 14 months later upon his discharge as a Staff Sergeant and attended night school in order to earn his high school diploma; and

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WHEREAS, he later earned his civil engineering degree, and upon graduation from the Southern Technical Institute, he returned once again to the state highway department to serve as an engineer on road and bridge projects; and

WHEREAS, during his career with the department, Mr. Lollis was responsible for bridge inspection throughout the Thomaston district, ensuring safety for the traveling public; and

WHEREAS, upon his retirement from the department, Mr. Lollis established Lollis-Priest and Associates which performed land surveying, site design planning, and engineering consultation services; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART III WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Officer Henry Tilman Davis; and

WHEREAS, a native of Lumpkin County, Georgia, Officer Davis graduated from Lumpkin County High School and served as a guardian of this nation's freedom and liberty with the United States Army as a military policeman from August 31, 1963, to June 28, 1966; and

WHEREAS, Officer Davis began his career with the Gainesville Police Department on June 28, 1969; and

WHEREAS, his life was tragically cut short in September of 1972 after his patrol vehicle was struck from behind and forced into oncoming traffic while traveling on Dawsonville Highway in Gainesville; 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.

PART IV WHEREAS, Mr. Henry Grady Layson, Sr., was born on December 1, 1891, in Jasper County, Georgia; and

WHEREAS, an adept farmer, Mr. Layson operated a cotton gin and several saw mills throughout Georgia, South Carolina, and Florida; and

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WHEREAS, because Mr. Layson did not obtain a formal education of his own, he was driven to help others in his community uplift their lives through scholarship; and

WHEREAS, he built a schoolhouse in Putnam County named Henderson Grove and hired the school's first teacher; and

WHEREAS, Mr. Layson also established a school which allowed teachers to live on site and hired the first agriculture teacher for Jasper County; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART V WHEREAS, Mr. Otis Ray Redding, Jr., was a singer, song writer, record producer, arranger, and talent scout who has been called one of the 'Kings of Soul' for his amazing talent as a soul music and rhythm and blues artist; and

WHEREAS, he was born in Dawson, Georgia, on September 9, 1941, the beloved son of Fannie Mae Redding and Otis Redding, Sr.; and

WHEREAS, at the age of 15, Mr. Redding quit school to help financially support his family after his father contracted tuberculosis, working as a well digger, gas station attendant, and musician; and

WHEREAS, he performed in talent shows for prize money and with Little Richard's backing band, the Upsetters; and

WHEREAS, Mr. Redding's first single, Arms of Mine, hit the musical charts in 1962 and he was famous for such other hits as Respect and Try a Little Tenderness; and

WHEREAS, after his untimely and tragic passing in an airplane crash, Mr. Redding's iconic (Sittin' on) The Dock of the Bay became the first posthumous number one record on both the Billboard Hot 100 and R & B charts; and

WHEREAS, he was recognized with numerous posthumous honors and accolades, including a Grammy Lifetime Achievement Award and induction into the Georgia Music Hall of Fame, the Songwriters Hall of Fame, and the Rock and Roll Hall of Fame; and

WHEREAS, in 1993, the United States Post Office recognized Mr. Redding's enduring musical influence and talent by issuing a commemorative stamp in his honor; 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 honor.

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, 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 VII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Corporal Richard "Ricky" Allen Hall on September 16, 2015; and

WHEREAS, Corporal Hall served as a member of the Chatham County Sheriff's Department and his life was tragically cut short after an automobile accident in Bryan County; and

WHEREAS, a native of Savannah, Corporal Hall graduated from Tompkins High School, attended South University, and served as a guardian of this nation's freedom and liberty with the United States Marine Corps; and

WHEREAS, Corporal Hall dedicated 14 years to protecting and serving the people of Chatham County with the Sheriff's Department; and

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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 a bridge in his honor.

PART VIII WHEREAS, First Sergeant Luke J. Mercardante was born on May 10, 1972, in San Diego, California, and moved to Athens, Georgia, at the age of four; and

WHEREAS, First Sergeant Mercardante served as a guardian of this nation's freedom and liberty with the United States Marine Corps and his life was tragically cut short on April 15, 2008, when he was killed in Afghanistan by a roadside bomb near the Pakistani border; and

WHEREAS, as a small child, First Sergeant Mercardante received an injury to his right hand that resulted in some limited range of usage but that never prevented him from working hard to achieve his dream of serving his country in the military; and

WHEREAS, after spending two years at the University of Georgia, First Sergeant Mercardante enlisted on April 22, 1992, and despite being initially rejected as a recruit for the Marine Corps due to his hand limitations, he requested to be reconsidered and went on to graduate boot camp as the Honor Graduate; and

WHEREAS, he went on to serve deployments in Okinawa, Hawaii, Tokyo, Spain, and throughout the continental United States; and

WHEREAS, First Sergeant Mercardante will long be remembered for his love of family and friendship, and this loyal father, son, 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 honor.

PART IX WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Deputy Kyle W. Dinkheller on January 12, 1998; and

WHEREAS, Deputy Dinkheller served as a member of the Laurens County Sheriff's Office and his life was tragically cut short after he was murdered during a traffic stop; and

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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 interchange in his honor.

PART X WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Officer Kevin Jordan on May 31, 2014; and

WHEREAS, Officer Jordan served as a member of the Griffin Police Department and his life was tragically cut short after he was killed while working security detail at a Waffle House; 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 a road in his honor.

PART XI WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Mr. Ben Barron Ross on December 30, 2016; and

WHEREAS, Mr. Ross was born on July 26, 1921, the beloved son of James Morgan Ross and Kate Barron Ross; and

WHEREAS, he earned a bachelor's degree and law degree from Mercer University and served as a guardian of this nation's freedom and liberty with the United States Army during World War II; and

WHEREAS, Mr. Ross moved to Lincolnton, Georgia, in 1949 and was elected to serve as a state representative with the Georgia General Assembly in 1957, a position he continued to adeptly serve in for 28 years; and

WHEREAS, he served as the attorney for Lincoln County for 38 years, during which time he was instrumental in paving the way for a new library building and was a member of the Lincolnton United Methodist Church and Lincoln County Historical Society; and

WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XII WHEREAS, the Brown and Mauldin families of Towns County, Georgia, have a rich history and tradition of service to the community; and

WHEREAS, Ezekiel Brown purchased the Brown family farm in 1857 while Alexander Mauldin settled his family on property in Towns County in 1840; and

WHEREAS, both sites have had generations of the respective families live and farm the properties; and

WHEREAS, James Norwood Brown was a pharmacist and farmer who raised seven boys on the farm while his brother, Walter Scott Brown, served as the first cooperative extension agent for Towns County and was the Cooperative Extension State Director from 1937 to 1954; and

WHEREAS, the Brown family farm, currently maintained by Walter Brown's grandson, Frank Riley, Jr., contains 1/2 mile of one of the only natural stretches remaining on the Hiawassee River; and

WHEREAS, Alexander Mauldin served as sheriff and postal clerk in several North Georgia counties and as one of the town commissioners when Hiawassee was incorporated in 1870; and

WHEREAS, Douglas England Mauldin was born in 1861 and farmed the property where he raised 11 children and his son, Earl Mauldin, was born in 1895 and also farmed the property and raised nine children on the farm; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgia families be recognized appropriately by dedicating a bridge in their honor.

PART XIII WHEREAS, PFC Roland E. Rush was born on August 14, 1945, in LaFayette, Georgia, the beloved son of Carl E. and Mary R. Rush; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States military and paid the ultimate sacrifice for his country on May 20, 1967, in Quang Ngai Province, Vietnam; and

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WHEREAS, PFC Rush's commitment and service were recognized with numerous accolades, including Combat Infantryman Badge, Silver Star, Purple Heart, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Vietnam Cross of Gallantry with Palm Unit Citation; and

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, PFC Rush 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 XIV WHEREAS, Mr. Alex Cooley and Mr. Peter Conlon have long been recognized for their influence in the music industry and the marks they have made upon the lives of countless musicians; and

WHEREAS, Mr. Cooley and Mr. Conlon joined together in 1982 to create Concert/Southern Promotions, which grew into one of the country's top ten concert promotion firms, producing more than 300 shows per year and running iconic Atlanta music venues such as the Tabernacle, the Cotton Club, and Coca-Cola Roxy; and

WHEREAS, in the late 1980's, the duo changed their company name to Alex Cooley/Peter Conlon Presents and produced the Chastain Park Summer Concert Series that featured James Taylor, Steve Winwood, Don Henley, Alicia Keys, Chicago, Whitney Houston, and many other world famous artists; and

WHEREAS, in 1994, the two founded the Music Midtown Festival, which has grown to an internationally recognized success, attracting 300,000 music fans and more than 100 major and up-and-coming acts representing all genres of music on the festival's outdoor stages; and

WHEREAS, since selling their company in 1997, Mr. Cooley and Mr. Conlon have remained active in the community and music industry, with Mr. Cooley representing Georgia at the G-8 Summit in 2004 and serving on the Board of Governors for the Georgia Chapter of the National Academy of Recording Arts and Sciences, while Mr. Conlon serves on the Governor's Film and Movie Advisory Commission, as chairman of the Mayor's Music Advisory Commission, and as an active board director for Camp Sunshine; and

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WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating a road in their honor.

PART XV WHEREAS, Corporal Dennis "Denny" R. Wallin was born on September 19, 1948, in LaFayette, Georgia, the beloved son of Pauline and Raymond Wallin; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Marine Corps as a rifleman and after one week of returning home from deployment in the Vietnam War, he volunteered to return on a special mission to assist in the retrieval of American soldiers killed in action; and

WHEREAS, Corporal Wallin made the ultimate sacrifice for his country on February 6, 1968, in Quang Nam Province, Vietnam, at only 19 years of age after taking on direct fire while helping recover his fallen comrades; and

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, Corporal Wallin 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 XVI WHEREAS, Claude Edgar and Bertha Catlin Johnson have long been recognized by the citizens of this state for the vital role they played in leadership and their deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Johnson was born in Monroe, Georgia, on October 11, 1893, and served as a guardian of this nation's freedom and liberty with the United States Army during World War I; and

WHEREAS, he was united in love and marriage to Bertha Catlin and their unyielding loyalty and devotion to one another served as an inspiration to their family, friends, and neighbors; and

WHEREAS, they were blessed with the love of their ten remarkable children, Cyrus, Winfred, Marcia, Elsie, Calvin, Gwendolyn, Barbara, Claude, Cleopatra, and Virginia; and

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WHEREAS, known for their generosity and kindness, Mr. and Mrs. Johnson made the world a better place in which to live, with many incredible contributions to their family, community, and state; and

WHEREAS, it is abundantly fitting and proper that the members of this body honor the lives and careers of these distinguished Georgians by dedicating a road in their memory.

PART XVII WHEREAS, John Andrew Smoltz, born May 15, 1967, and nicknamed "Smoltzie," is an American former baseball pitcher and active sportscaster who played 21 seasons in Major League Baseball, garnered eight All-Star selections and the 1996 National League Cy Young Award, and was elected to the Baseball Hall of Fame in 2015, his first year of eligibility; and

WHEREAS, he is the only pitcher in major league history to top both 200 wins and 150 saves; in 2008, he became the 16th member of the 3,000 strikeout club; and

WHEREAS, John Smoltz was an All-State baseball and basketball player at Waverly High School in Lansing, Michigan, before he was drafted by the Detroit Tigers, and on August 12, 1987, he was traded to the Atlanta Braves; and

WHEREAS, in the 1996 season, he went 24-8 with a 2.94 ERA and 276 strikeouts, including winning a franchise record 14 straight decisions, won the National League Cy Young with 26 of the 28 first-place votes, and was awarded a Silver Slugger Award for his batting; and

WHEREAS, his career accomplishments include being elected to the National Baseball Hall of Fame on 82.9 percent of the vote in 2015, being named an eight-time All-Star and the National League Championship Series MVP in 1992, holding the Atlanta Braves record for most wins in a season, leading the Major Leagues in strikeouts in 1996 with 276, leading the national league in win percentage in 1996, winning the National League Rolaids Relief Man of the Year Award in 2002, holding the Braves record for most saves in a season in 2002 with 55, holding the Braves record for most strikeouts in a career with 3,011, receiving the Branch Rickey Award for exceptional community service in 2007, being the only MLB pitcher with more than one post-season stolen base, and incurring 15 post-season wins; and

WHEREAS, a born-again Christian, John Smoltz founded and has served as Chairman of the Board at Alpharetta-based King's Ridge Christian School and is a member of the Presbyterian Church in America; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

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PART XVIII WHEREAS, Mr. Charles Kastner was born on September 15, 1937, in Batesville, Georgia, and was raised in Habersham County where, as a teenager, he helped his father build chicken houses and cabins along Lake Burton; and

WHEREAS, a graduate of Habersham County High School, Mr. Kastner owned and operated West Cobb Building Supply and Hardware and West Cobb Trucking in Cobb County; and

WHEREAS, he developed 30 subdivisions in Cobb, Fulton, Bartow, and Paulding counties, where he was known for his keen eye for fine aesthetics; and

WHEREAS, Mr. Kastner had a rare talent for developing subdivisions that appeared as if streets were as natural as the trees which grew from the land and he served for many years on the Cobb County Building Standards Review Board; and

WHEREAS, in his free time Mr. Kastner found great joy in tending his 12 acre farm on Dallas Highway, which was known to friends and neighbors as "the garden"; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XIX WHEREAS, Mr. Jeffrey Marshall Foxworthy was born on September 6, 1958, in Atlanta, Georgia, and is known throughout the world for his comedic talent and "you might be a redneck" jokes; and

WHEREAS, a graduate of Hapeville High School, Mr. Foxworthy attended the Georgia Institute of Technology and initially pursued a career following in his father's footsteps working at IBM on mainframe computer maintenance; and

WHEREAS, he began his stand-up comedy career at Atlanta's Punchline comedy club after a dare from friends and in 1984, he won the club's Great Southeastern Laugh-off; and

WHEREAS, in 1993 he topped the comedy album charts with his You Might Be a Redneck If..., an album that sold more than 3 million copies; and

WHEREAS, he received a Grammy nomination for Best Spoken Comedy Album for his 1995 album, Games Rednecks Play, and performed a one-hour HBO stand-up special in 1998; and

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WHEREAS, Mr. Foxworthy starred in his own sitcom derived from his stand-up routines entitled, The Jeff Foxworthy Show, and hosted the popular game show, Are You Smarter Than a Fifth Grader?; and

WHEREAS, in the early 2000s, Mr. Foxworthy began the Blue Collar Comedy Tour with three other comedians, focusing their acts on common-man comedy, which helped Mr. Foxworthy later launch Blue Collar TV; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XX WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Deputy John Hall Rowe, Jr., on April 17, 1986; and

WHEREAS, a graduate of Valdosta High School, Deputy Rowe served as a member of the Lowndes County Sheriff's Office; and

WHEREAS, Deputy Rowe's life was tragically cut short after he was struck by a driver at a police road block; and

WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XXI WHEREAS, Mr. Bernard F. Miles was 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, Mr. Miles 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 Richmond County Board of Education and as a member of the Georgia House of Representatives; and

WHEREAS, he began his career with Feedwright Milling Company, opened a local grocery store in Augusta, and founded the Richmond County newspaper; and

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WHEREAS, a successful entrepreneur and businessman, Mr. Miles was also the owner of Fleming Tractor and Equipment Corporation and Fleming Fuel Oil Company; and

WHEREAS, he was an early advocate and board member for Teen Town, helped start the Fleming Community Center, and was a member of the board of directors for Richmond County Bank; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XXII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Interstate 95 and Laurel Island Parkway in Camden County is dedicated as the Senior Airman Tre Francesco Porfirio Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on SR 11/US 129 over Bluff Creek in Pulaski County is dedicated as the Emmett R. "Whitey" Lollis Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Beechwood Blvd., NW and SR 53/Dawsonville Highway in Hall County is dedicated as the Officer Henry Tilman Davis Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 212 from Bragg Road to the Putnam County line in Jasper County is dedicated as the Henry Grady Layson, Sr., Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge structures on the Gray Bypass over SR 11 in Jones County is dedicated as the Otis Redding Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the relocated portions of State Routes 11/22/US 129 in Jones County are dedicated as the Veterans Memorial Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the I-16 overpass bridge on SR 30/US 80/280 in Bryan County is dedicated as the Corporal Rick Hall Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 441 at the Oconee/Clarke County line near White Oak Intersection is dedicated as the First Sergeant Luke J. Mercardante Memorial Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the interchange at I-16 and Exit 42 (SR 338) in Laurens County is dedicated as the Deputy Kyle W. Dinkheller, LCSO 37, Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the portion of the 1702 North Expressway (US 19/41) from Lucky Street to Leprade Road in Spalding County is dedicated as the Officer Kevin Jordan Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia Highway 47 in Lincoln County from the intersection of GA 43 and GA 47 in the city limits of Lincolnton to the intersection of GA 47 and GA 220 in Cliatt Crossing is dedicated as the Ben Barron Ross Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 17 across the Hiawassee River in Towns County is dedicated as the Brown-Mauldin Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 193 and Highway 136 in Cooper Heights is dedicated as the PFC Roland E. Rush Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 11/US 41 from the State Route 247 Connector North to State Route 49 in Peach County is dedicated as the Cooley-Conlon Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 136 in Walker County is dedicated as the CPL Dennis "Denny" R. Wallin, USMC Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Northside Drive from Bankhead Highway to Ralph Abernathy Boulevard in Fulton County is dedicated as the Claude Edgar and Bertha Catlin Johnson Drive.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Milton Parkway from GA 400 to Highway 9 in Fulton County is dedicated as the John Smoltz Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 120 in Cobb County from Barrett Parkway to the Paulding County line is dedicated as the Charles Kastner Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 103 from the Harris/Troup County line to State Route 219 in Harris County is dedicated as the Jeff Foxworthy Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 31 from the intersection of I-75/SR 401 to the intersection of State Route 7/US 41 in Lowndes County is dedicated as the Deputy John Hall Rowe, Jr., Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia Highway 120 in Haralson County between Corinth Church and Rose's Store is dedicated as the Veterans' Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 25 between Lumpkin Road and I-520 in Richmond County is dedicated as the Bernard F. Miles Memorial Highway.

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

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation and to the families of Senior Airman Tre Francesco Porfirio; Mr. Emmett R. "Whitey" Lollis; Officer Henry Tilman Davis; Henry Grady Layson, Sr.; Mr. Otis Ray Redding, Jr.; Corporal Richard "Ricky" Allen Hall; First Sergeant Luke J. Mercardante; Deputy Kyle W. Dinkheller; Officer Kevin Jordan; Mr. Ben Barron Ross; PFC Roland E. Rush; Corporal Dennis "Denny" R. Wallin; Claude Edgar and Bertha Catlin Johnson; Deputy John Hall Rowe, Jr.; and Mr. Bernard F. Miles; and to Mr. Alex Cooley; Mr. Peter Conlon; Mr. Charles Kastner; the Brown and Mauldin families; John Smoltz; and Jeff Foxworthy.

Approved May 9, 2017.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

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SALES AND USE TAX FOR EDUCATION; CALL FOR REFERENDUM; DISTRIBUTION OF PROCEEDS.

No. 278 (Senate Resolution No. 95).

A RESOLUTION

Proposing an amendment to the Constitution of the State of Georgia so as to authorize a county school district or an independent school district or districts within the county having a majority of the students enrolled within the county to call for a referendum for a sales and use tax for education; to provide that the proceeds are distributed on a per student basis among all the school systems unless an agreement is reached among such school systems for a different distribution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VIII, Section VI, Paragraph IV of the Constitution is amended by revising subparagraphs (a) and (g) as follows:
"(a) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. In addition, when a county school district has one or more independent school districts located within such county, the school district or combination of school districts that has a majority of the students enrolled within the county, based on the latest full-time equivalent count, shall be authorized to call for a referendum to impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the county voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the

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same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect."
"(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to an agreement between the county school system and the independent school district or districts or, if no agreement can be reached, according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest full-time equivalent count prior to the referendum on imposing the tax."

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 authorize a referendum for a sales and use tax for education by a county school district
( ) NO or an independent school district or districts within the county having a majority of the students enrolled within the county and to provide that the proceeds are distributed on a per student basis among all the school systems unless an agreement is reached among such school systems for a different distribution?"
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 9, 2017.